§ 150-19.1. AH-1, AH-2, AH-3, AH-4 and AH-2A (multifamily portion only) Affordable Housing Districts., Article V. Supplementary Regulations, Chapter 150. Zoning, Part II. General Legislation, Code of Ordinances, Upper Saddle River

General requirements.

(1)

Utility improvements and services.

(a)

Water facilities.

[1]

All facilities shall be designed and installed in accordance with the standards of the applicable governmental bodies having jurisdiction thereof.

[2]

All water mains shall conform to the minimum standards of the Borough of Upper Saddle River and shall be designed with fire hydrants to provide adequate fire protection in accordance with the recommendations of the National Fire Underwriters Board. The location of the fire hydrants shall be determined by the Municipal Fire Department.

(b)

Sanitary sewerage system.

[1]

All development regulated under this section shall be serviced by the Northwest Bergen Utilities Authority and the Bergen County Utilities Authority. The collection and facilities shall be designed in accordance with the standards of the New Jersey Department of Environmental Protection and/or appropriate local, county, state and federal officials and agencies.

[2]

The developer shall provide an organization for the ownership and maintenance of any and all sewage collection facilities, including but not necessarily limited to all collectors, appurtenances, pumping facilities and outfall sewers, not located within municipal streets or rights-of-way. Said organization shall be fully responsible for compliance with all federal, state and local laws and regulations, for securing all pertinent permits and for the operations, function and maintenance of any on-site facilities. Said organization may be a firm, corporation or other legal entity owned and/or controlled by the developer.

(c)

Drainage and stormwater management.

[1]

The development shall be serviced by a stormwater management system as designed by the applicant and shall conform to all relevant Borough, state and federal status rules and regulations concerning stormwater management or flood control.

[2]

The development will be required to provide a comprehensive drainage system for the entire property, including a mandate that there will not be any increase in the rate of runoff, for a one-hundred-year storm, from the property than exists in present state. (Zero-percent increase in peak runoff.)

(d)

Electric, gas, telephone and cable television services, if available, shall be provided by the developer in concert with the appropriate public utility providing such services and shall be installed underground, except high-voltage, electric primaries over 30,000 volts. One master television antenna or one cable television connection shall be provided for each building.

(e)

Street improvements, monuments, street names and other traffic control devices, shade trees, streetlights, sidewalks, curbs, fire hydrants and all aspects of street construction, as well as other improvements, shall be subject to local and state regulations and Borough Engineer approval.

(f)

Refuse pickup areas shall be provided and shall be located for the convenience of the residents of the developments. All such areas shall be screened on all sides with fencing of four feet in height and exterior shrubs of not less than two feet in height on at least three exposed sides.

(g)

The residents' association(s) of the development shall be required to provide for and/or contribute to expense or cost of the upkeep, maintenance and expense of sanitary sewer system, roads, drives, parking facilities, drainage facilities, streetlighting, refuse pickup, snowplowing and all other services not provided by the Borough. Payment and provision of these services shall be in accordance with applicable laws.

(2)

Indoor and outdoor recreational facilities' implementation requirements.

(a)

Active recreation space for swimming pools, tennis courts and other sport and recreational activities may be improved with facilities, buildings and structures for indoor and/or outdoor recreational use consistent with the residential character of the development.

(b)

All improvements of the common open space area, as shown on the approved site plan, including recreational facilities, buildings and structures, shall be completed before a certificate of occupancy shall be granted to more than 75% of the proposed dwelling units.

(c)

All owners and residents of the development shall have the right to use the common open space and active recreational facilities, subject to reasonable rules and regulations. In the event that the proposed development shall consist of a number of stages, the developer shall provide active recreational areas proportionate in size to the stage being considered for final approval.

(d)

All open space shall be connected to residential areas with walkways or other reasonable means of access.

(3)

General design standards.

(a)

Buffer.

[1]

The developer shall provide and maintain a buffer area inclusive of the required yard, of not less than 25 feet from all external lot lines of the development. The buffer area shall be kept in its natural state where wooded, and where natural vegetation is sparse or nonexistent the area shall be planted to provide a year-round natural screen.

[2]

The required buffer area shall be included for the purpose of computing compliance with the common open space requirements and yard setback requirements of this section.

[3]

The Planning Board may modify the requirements for a buffer area upon finding that, by reasons thereof, the buffer area may be modified without detriment to existing or proposed uses.

(b)

Building design.

[1]

Each building and structure and each complex of the same shall have a compatible architectural theme with appropriate variations in design to provide attractiveness to the development. Such variation shall result from the use of landscaping and the location and orientation of buildings and structures to the natural features of the site. Architectural design shall be compatible and consistent with present character of development within the Borough of Upper Saddle River. An Architectural Review Board may be formed to ensure that the architectural design is compatible and consistent with the present character of development within the Borough. This Board should have at least one architect as a member and should be a subcommittee of the Planning Board. Such design as agreed to by the Planning Board shall be made an integral part of the site plan approved herein.

[2]

All affordable housing sites shall have all external mechanical equipment enclosed in an enclosure with a veneer which matches the exterior of the structure.

[3]

Any new construction and additions thereto shall require periodic surveys approved by the Building Code Official to ensure compliance with prior site plan approvals and Borough ordinances.

[4]

Within a development in an AH Zone, there shall be no economic segregation of dwelling units, except where one-family detached dwellings are provided, they may be separated from low- and moderate-income units. The low- and moderate-income units shall be disbursed throughout all of the buildings that are included in the development. By way of example, should a development include a total of 10 buildings with a low- and moderate-income component of 20 units, there shall be a minimum of one affordable unit in each building on the site.

(c)

Landscaping.

[1]

Landscaping shall be provided throughout the development site to provide a natural setting for buildings, structures and recreational facilities. The adequacy of the landscaping design and plan shall be determined by the agency reviewing the application. Shade trees shall be planted at the discretion of the Planning Board adjacent to public or private roadways. The trees shall be hard maple or ash or similar trees as approved by the Planning Board. No tree shall be planted nearer than 25 feet to an intersection. No shrubs or hedges over three feet shall be planted within 25 feet of an intersection. Any plantings, including trees and shrubs, shall be maintained and replaced if dead or damaged by the developer/association at the developer's/association's expense.

[2]

All island or unpaved areas within a street shall be landscaped.

[3]

Within any area of clearing, not occupied by a building, structure, street, parking area or recreational facility, there shall be provided a minimum of 15 trees per acre, calculated on gross acreage. The trees shall have a minimum diameter of 4.0 inches as measured one foot above the ground; existing trees must have a minimum caliper of at least eight inches to qualify for meeting the aforesaid criteria to be included in determining compliance herewith.

(d)

Concrete walkways shall be provided between residential buildings and common parking areas. Walkways shall have a minimum width of four feet.

(e)

No natural vegetation shall be disturbed except as approved by the Planning Board. The site plan shall indicate the maximum area of clearing.

(f)

Adequate lighting fixtures for walks, steps, parking areas, driveways, streets and other facilities shall be provided at locations to provide for the safe and convenient use of the same. Fixtures shall be situated and designated in keeping with the character of the development and shall be adequately shaded to screen windows of dwelling units, both off and on the development site, from direct and indirect light. No flashing, intermittent, moving light shall be permitted. All lighting, including illumination levels, shall conform to the recommendation of the Borough Engineer.

(g)

(Reserved)

Editor's Note: Former § 150-19.1B(3)(g), which required two means of ingress and egress, was repealed 7-10-1996 by Ord. No. 18-96.

(h)

Adequate sound protection between dwelling units shall be provided and designed in accordance with sound engineering principals.

(4)

Ownership and maintenance.

(a)

The developer shall establish an organization(s) for the ownership and maintenance of off-street parking space, recreational, utility and essential service facilities for the benefit of the residents of the development and for the maintenance of common open space. The same shall be held in perpetuity by the organization(s) subject to appropriate easements. Structures and facilities in support of recreational activity may be constructed in accordance with site plan approval. Such organization(s) shall not be dissolved and shall not dispose of said off-street parking space, recreational and/or utility and essential service facilities by sale or otherwise, except to an organization(s) conceived and established to own and maintain the same for the benefit of such development and the residents thereof. Thereafter such organization(s) shall not be dissolved or dispose of any of said off-street parking space, recreational, utility and essential service facilities without obtaining the consent of the members of the organization(s) as provided by law and also without offering to dedicate the same to the municipality. The developer shall be responsible for the maintenance of said off-street parking space, recreational, utility and essential service facilities and shall provide for all services to the development until such time as the organization(s) established for the ownership and maintenance of the same and the maintenance of common open space shall be formed and functioning.

(b)

Off-street parking spaces, recreational, utility and essential service facilities for the benefit of the residents of the development and common open space shall be maintained in reasonable order and condition and be under the jurisdiction of the applicable Property Maintenance Code of the Borough of Upper Saddle River.

Editor's Note: See Ch. 102, Property Maintenance.

(c)

All documents pertaining to any neighborhood association responsible for the maintenance of said off-street parking space, recreational, utility and essential service facilities and common space shall be subject to the review by the Borough Attorney as to compliance and consistency with local ordinances and may be recorded as a covenant running with the land. The foregoing shall not apply with respect to organization(s) formed and owned by the developer with respect to the ownership, operation and maintenance of sewage collection and treatment facilities as provided in Subsection B(1)(b) hereof.

(5)

Administrative provisions.

(a)

Any application for development shall be processed and reviewed pursuant to the procedures and standards of the Site Plan Ordinance and, where applicable, the Land Subdivision Ordinance and the laws, rules and regulations of any other governmental entity having jurisdiction over the subject matter. The Planning Board may engage, at the cost and expense of the applicant and/or developer, any and all necessary experts to assist the Planning Board in the review of any aspects of the application.

Editor's Note: See Ch. 126, Subdivision and Site Plan Review.

(b)

The applicant shall submit a comprehensive conceptual site plan for the entire area so zoned and under the applicant's control which shall include a rendering of the exterior of any new or reconstructed structure. Said plan shall be in accordance with the terms of this chapter and Chapter 126, Subdivision and Site Plan Review, and the laws, rules and regulations of any other governmental entity having jurisdiction over the subject matter. The comprehensive plan shall be submitted as part of the preliminary site plan application.

(c)

Staging. The affordable house development may be developed in stages as outlined herein.

[1]

Applications for final site plan approval shall be limited to a minimum of 25% of the total number of housing units authorized by the Planning Board at the preliminary application stage. Once a final stage is approved by the Planning Board, the second stage shall not be permitted for consideration by the Planning Board for a period of not less than three months. All subsequent stages shall likewise have a waiting period of no less than three months from the time of approval granted by the Planning Board of the preceding stage.

[2]

Any conditions or approvals granted by the Planning Board shall be further conditioned and subject to a developer's agreement to be negotiated between the developer and the Borough Council.

(d)

Off-tract improvement (if any) shall be governed by Chapter 126, Subdivision and Site Plan Review.

(e)

Sequence of stages. In the deliberation of the proposed sequence of stages, the Planning Board shall be guided by the following criteria and factors:

[1]

That each stage is substantially self-functioning and self-sustaining with regard to access, utility service, parking, open space and other similar physical features and shall be capable of occupancy, operation and maintenance upon completion of construction and development.

[2]

That each stage is properly related to every other segment of the affordable house development and to the community as a whole and to all necessary community services which are available or which may be needed to serve the affordable house development in the future.

[3]

That adequate protection will be provided to ensure the proper disposition of each stage through the use of maintenance and performance guaranties, covenants and other formal agreements.

(6)

Affordable housing regulations.

(a)

At least 10% of the total number of units shall be made affordable and sold or rented to low-income persons, and at least 10% of the total number of units shall be made affordable and sold or rented to moderate-income persons.

[1]

"Low income" is defined as having total gross household income equal to 50% or less of the median household income for households of the same size using the median income data for household size approved by the New Jersey Council on Affordable Housing for the region, which includes the Borough of Upper Saddle River.

[2]

"Moderate income" is defined as having total gross household income between 50% and 80% of the median household income for households of the same size for the region which includes the Borough of Upper Saddle River, using the median income data for household size approved by the New Jersey Council on Affordable Housing.

[3]

"Affordable" means a sales price or rent within the means of a low- or moderate-income household as defined by the New Jersey Council on Affordable Housing in N.J.A.C. 5:92-12.12(b) and (d). An owner sale price shall be determined such that the initial price of a low and moderate owner-occupied single-family housing unit shall be established so that, after a down payment of 10%, the monthly principal, interest, taxes, insurance and condominium fees do not exceed 28% of an eligible gross monthly income. Rental is computed at 30% of the gross monthly income, including utilities.

(b)

In determining affordable rents and sale prices, the following criteria shall be used:

[1]

Efficiency units shall be affordable to one-person households.

[2]

One-bedroom units shall be affordable to two-person households.

[3]

Two-bedroom units shall be affordable to three-person households.

[4]

Three-bedroom units shall be affordable to five-person households.

[5]

Four-bedroom units shall be affordable to seven-person households.

(c)

Distribution of prices.

[1]

The following distribution of prices shall be provided for in the Borough, as best as practical, for purchase, using for every 20 low- and moderate-income units:

[a]

Low-income:

	1 at 40% to 42.5%
	3 at 42.6% to 47.5%
	6 at 47.6% to 50%

[b]

Moderate-income:

	1 at 50.1% to 57.5%
	1 at 57.6% to 64.5%
	1 at 64.6% to 68.5%
	1 at 68.6% to 72.5%
	2 at 72.6% to 77.5%
	4 at 77.6% to 80%

[2]

However, for initial occupancy, priority shall be given to those low- and moderate-income households that fall within the median income categories delineated above.

[3]

Average price of low- and moderate-income units within inclusionary development shall be, as best as practicable, affordable to households at 57.5% of the median income.

(d)

At least 35% of all low- and moderate-income units shall be two-bedroom units; at least 15% of all low- and moderate-income units shall be three-bedroom units; and no more than 20% of all low- and moderate-income units may be efficiency units.

(e)

At least 1/2 of all units devoted to low- and moderate-income households within inclusionary development shall be affordable to low-income households. At least 1/2 of all units in each bedroom distribution and 1/2 of all rental units shall be available for low-income households. To the best extent feasible, at least 1/2 of all rehabilitated units shall be for low-income households.

(f)

Within the Borough of Upper Saddle River, up to 25% of the calculated fair share obligation, less any units transferred by way of a regional contribution, may be dedicated to age-restricted housing units and/or alternative living arrangements. The unit credit for alternative living arrangements shall be the bedroom. Therefore, if two or more people share a bedroom, the municipality shall receive credit for one unit against its fair share obligation.

(g)

For all low- and moderate-income housing units provided in inclusionary development, not more than 50% of the initial occupancy shall be made available to income-eligible households that reside in the Borough of Upper Saddle River or work in the Borough of Upper Saddle River and reside elsewhere.

(h)

Phasing schedule.

[1]

A developer shall submit a phasing schedule for the construction of low- and moderate-income housing units, which shall be in accordance with the following schedule:

	Minimum Percentage of Low- and Moderate-Income Units Completed	Percentage of Market Housing Units Completed
	0	25
	10	25 + 1
	50	50
	75	75
	100	90
	--	100

[2]

The developer may construct the first 25% of the market units without constructing any affordable housing units. No certificates of occupancy shall be issued for any of the second 25% of the market units until 10% of the affordable units (of which half must be very-low-income) shall have been issued certificates of occupancy. No certificates of occupancy shall be issued for any of the third 25% of the market units until at least 50% of the affordable units (of which half must be very-low-income) have been issued certificates of occupancy. No certificates of occupancy shall be issued for any of the final 25% of the market units until at least 75% of the affordable units (of which half must be very-low-income) have been issued certificates of occupancy. Before the last 10% of the market units have been issued certificates of occupancy, 100% of the required affordable units shall have been issued certificates of occupancy.

[3]

The affordable dwelling units shall be designated on the preliminary site plan and shall have compatible exteriors to the market units.

(i)

Covenants and controls on sales and rentals.

[1]

All affordable dwelling units shall be covered by covenant, with the Borough as a party beneficiary, to ensure that, in all initial sales and rentals and in all subsequent resales and rerentals, the units will continue to remain available and affordable to the low- and moderate-income households for which they were intended. The Council On Affordable Housing standard affordable housing agreement and second repayment mortgage, appended to the ordinance, shall be used as the standard agreement between the Borough and potential buyer or renter. All such covenants shall be approved by the Borough Attorney.

Editor's Note: Said documents are on file in the Borough offices.

[2]

The application for the issuance of a certificate of occupancy for any new designated affordable housing unit shall include certification by the Housing Officer to the Affordable Housing Board documenting the eligibility of the unit and the qualification of the new purchaser and/or occupant as a lower income household.

[3]

Prior to any resale or transfer of ownership or change of occupancy of a designated affordable housing unit, application shall be made for a new certificate of occupancy. The application for a certificate of occupancy shall include certification by the Housing Officer to the Affordable Housing Board documenting the continued eligibility of the unit and the qualification of the new purchaser and/or occupant as a lower income household.

[4]

All requests for certification shall be made by the seller or owner in writing, and the Housing Officer shall grant or deny such certification within 30 days of the receipt of the request.

[5]

The Borough shall develop reasonable administrative procedures for qualifying the occupants of affordable housing. Procedures shall be directed and administered by an Affordable Housing Board, appointed by the Mayor with the advice and consent of the Council, and a Housing Officer, appointed by the Mayor with the advice and consent of the Council. The Housing Officer may be a full- or part-time Borough employee or consultant, an outside agency or a housing authority.

[6]

The restrictive covenant governing the deeds of low- and moderate-income units shall include an option permitting purchase of the affordable housing unit at the maximum allowable restricted sales price at the time of the first nonexempt sale after controls on affordability have been in effect on the unit for the period specified in N.J.A.C. 5:92-12.1. The option to buy shall be available to the municipality, the Department of Community Affairs, the Agency or a qualified nonprofit as determined by the Council.

[7]

All restrictive covenants governing low- and moderate-income units shall require the owner to notify the authority and the Council by certified mail of any intent to sell the unit 90 days after controls have been in effect on the housing unit for the period specified in N.J.A.C. 5:92-12.1. Upon receipt of such notice, the option to buy the unit at the maximum allowable restricted sales price shall be available for 90 days. The authority shall notify the municipality, the Department of Community Affairs, the Agency and the Council that the unit is for sale. If the municipality exercises this option, it may enter into a contract of sale. If the municipality fails to exercise this option within 90 days, the first of the other entities giving notice to the seller of its intent to purchase during the 90 days shall be entitled to purchase the unit. If the option to purchase the unit at the maximum allowable restricted sales price is not exercised by a written offer to purchase the housing unit within 90 days of receipt of the intent to sell, the owner may proceed to sell the housing unit. If the owner does not sell the unit within one year of the date of the delivery of notice of intent to sell, the option to buy the unit shall be restored, and the owner shall be required to submit a new notice of intent to sell 90 days prior to any future proposed date of sale.

[8]

An eligible seller of a low- and moderate-income unit which has been controlled for the period established in N.J.A.C. 5:92-12.1, who has provided notice of an intent to sell, may proceed with the sale if no eligible entity as outlined in N.J.A.C. 5:92-12.3(c) and 5:92-12.6 exercises its option to purchase within 90 days.

[9]

Subject to N.J.A.C. 5:92-12.8, the seller may elect to:

[a]

Sell to a qualified low- and moderate-income household at the controlled unit sales price in accordance with existing Council rules, provided that the unit is regulated by the restrictive covenant and lien adopted by the Council for a period of up to 20 years; or

[b]

Exercise the repayment option and sell to any purchaser at market prices, provided that 95% of the price differential is paid to the authority as an instrument of the municipality, at closing.

[10]

If the sale will be to a qualified low- and moderate-income household, the authority shall certify the income qualifications of the purchaser and shall ensure that the housing unit is regulated by the restrictive covenant and lien required by the Council.

[11]

The authority shall examine any control of sale containing a repayment option to determine if the proposed sales price bears a reasonable relationship to the housing unit's fair market value. In making this determination, the authority may rely on comparable sales data or an appraisal. The authority shall not approve a contract of sale where there is a determination that the sales price does not bear a reasonable relationship to fair market value. The authority shall make a determination within 20 days of receipt of the contract of sales and shall calculate the repayment option payment.

[12]

The authority shall adopt an appeal procedure by which a seller may submit written documentation requesting the authority to recompute the repayment obligation if the seller believes an error has been made or to reconsider a determination that a sales price dos not bear a reasonable relationship to fair market value. A repayment obligation determination made as a result of an owner's appeal shall be a final administrative determination of the authority.

[13]

The repayment shall occur at the date of closing and transfer of title for the first nonexempt transaction after the expiration of controls of affordability.

[14]

Repayment proceeds shall be deposited in a trust account devoted solely to the creation, rehabilitation or maintenance of low- and moderate-income housing. Money deposited in trust accounts may not be expended until the municipality submits and the Council approves a repayment housing plan. The Council may approve the repayment housing plan if it determines that it provides a realistic opportunity for the creation, rehabilitation or maintenance of low- and moderate-income housing.

(j)

The developer, in conjunction with the Affordable Housing Board, shall formulate and implement a written affirmative marketing plan acceptable to the Affordable Housing Board. The Borough of Upper Saddle River shall have the primary responsibility for developing and implementing an affirmative marketing program that addresses the occupancy preference requirement. The affirmative marketing plan shall be realistically designed to ensure that lower income persons of all races and ethnic groups are informed of the housing opportunities in the development and feel welcome to seek to buy or rent such housing. It shall include advertising and other outreach activities realistically designed to reach the low- and moderate-income families. The plan shall include advertisement in newspapers, periodicals and other advertising media.

(k)

The Borough Council shall, at its discretion, provide by ordinance an Affordable Housing Board established to enforce the foregoing provisions with respect to initial sales and resales controls contained in these general regulations.

[1]

Where the number of applicants exceed the number of low- and moderate-income units available, a procedure, in compliance with COAH's established policies, for random selection shall be established. The distribution of available units shall be consistent with the proportion of income categories as provided.

[2]

All applicants for the purchase or rental of low- and moderate-income units shall meet the income qualifications established in this section at the time the application is filed and shall be qualified at the time of taking title or occupancy.

(l)

In the event that a nonexempt sale of an owner affordable unit cannot be sold or rented, as applicable, within 90 days of notifying the Housing Officer of the availability of the unit, the Borough may purchase the unit pursuant to N.J.A.C. 5:92-12.7. If the Borough does not purchase the unit, the seller may apply to the Affordable Housing Board for relief. The application shall provide evidence of the seller's having undertaken an affirmative marketing effort, consistent with the affirmative marketing program approved by the Affordable Housing Board, to sell or rent the unit. Relief to the seller shall not include exempting the unit from the required low (moderate) or very low (low) income sales price or rent level, nor shall relief include exempting the unit from restrictions on appreciation allowable upon resale or restrictions on escalation allowable upon rerental. However, the Board may allow the seller to sell or rent the subject unit to a household whose income exceeds that otherwise required, provided that in no event shall an affordable housing unit be sold or rented to a household earning in excess of 80% of the applicable median income.

(m)

Foreclosure.

[1]

An action of foreclosure by a financial institution regulated by state and/or federal law shall extinguish controls on affordable housing units. Notice of foreclosure shall allow the Borough to purchase the affordable housing unit at a maximum permitted sales price.

[2]

In the event of a foreclosure sale, the purchaser of the affordable housing unit shall be obligated to pay to the Municipal Housing Fund the difference between the maximum price permitted at time of foreclosure and the amount necessary to redeem the debt to the financial institution, with foreclosure costs.