[Amended 11-28-2011 by Ord. No. 23-2011]
A. No sign may be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted business or use conducted on the same premises. No billboards shall be erected or replaced.
B. No sign shall be erected, altered or replaced which is not in accordance with the standards established in this chapter. The erection of any sign shall require a construction permit. No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic direction and identification signs, other places of business or other signs or windows of the building on which they are located. No sign shall be attached to trees, fence posts, stumps, utility poles or other signs, but shall be freestanding or attached to buildings in an approved manner.
(1) Animated, flashing and illusionary signs, except for warning or safety, signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement or which change physical position by any movement or rotation or give the visual impression of such movement or rotation are prohibited.
(2) Except as provided in Subsection B(13) below, no outdoor, off-site commercial advertising sign shall be permitted.
[Amended 4-10-1989 by Ord. No. 7-1989; 7-28-1997 by Ord. No. 10-1997; 11-28-2011 by Ord. No. 23-2011]
(3) Freestanding signs. Signs shall be supported by one or more columns or uprights which are firmly embedded in the ground. Exposed guy wires, chains or other connections shall not be made in permanent support of the freestanding signs.
(4) Height. No freestanding or attached sign shall be higher at any point than the roofline of the building, except that no sign shall exceed any lesser height if particularly specified in Article XIII. In addition, no attached sign shall project into or hang over a street right-of-way, and no sign shall project beyond a building in a manner placing it above an area traversed by motor vehicles, such as but not limited to driveways and parking areas. Where signs project beyond a building facade or wall over a pedestrian way, the lowest portion of the sign shall be at least eight feet above the walkway.
(5) Illuminated signs shall be so arranged as to reflect the light and glare away from adjoining premises and away from adjoining highways. No sign with red, green or blue illumination in a beam, beacon or flashing form resembling an emergency light shall be erected in any location. Illuminated signs shall comply with the appropriate state uniform construction codes.
(6) Information and direction signs. Street number designations, postal boxes, on-site directional and parking signs, warning signs and signs posting property as "private property," "no hunting" or similar signs are permitted in all zones but are not to be considered in calculating sign area. No such sign shall exceed two square feet in area.
(7) Maintenance. Signs shall be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.
(8) Real estate signs. Two signs temporarily advertising the sale, rental or lease of the premises or portion thereof shall be permitted. Such sign shall not exceed nine square feet on each of two sides and shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter or business being advertised. "Sold" signs shall be permitted between the signing of the contract of sale and 15 days after the legal closing. All such signs do not require a construction permit.
(9) Sign area. Sign area shall be measured around the outside edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background, whether open or enclosed, but said area shall not include any supporting framework and bracing incidental to the display itself.
(10) Signs and sign structures. Signs and sign structure of all types shall be located to allow a clear, unobstructed line of sight for 300 feet from the stop line of any intersection of streets and/or driveways.
(11) Signs with two exposures. Signs with two exposures shall be measured for area by using the surface areas of one side of the sign only. Both sides may be used.
(12) Wall fascia or attached signs. Wall fascia or attached signs shall be firmly attached to the exterior wall of a building and shall not project more than 15 inches from the building.
(13) Any existing sign which does not conform to Subsection B(1) above shall be removed immediately. Any existing sign which does not conform to Subsection B(2) above shall be removed no later than December 5, 1996.
[Amended 7-28-1997 by Ord. No. 10-1997]
C. Permitted signs. The following signs are permitted for uses as specified in Article XIII of this chapter for the various zoning districts.
D. Zoning Districts.
(1) The following signs are permitted in the Preservation Area District:
(a) Official public safety and information signs displaying road names, numbers and safety directions.
(b) On-site signs advertising the sale or rental of the premises, provided that:
[1] The area on one side of any such sign shall not exceed 12 square feet.
[2] No more than one sign is located on any parcel of land held in common ownership.
(c) On-site identification signs for schools, churches, hospitals or similar public service institutions, provided that:
[1] The size of any such sign shall not exceed 12 square feet. [2] No more than one sign is placed on any single property.
(d) Trespassing signs or signs indicating the private nature of a road, driveway or premises, and signs prohibiting or otherwise controlling fishing or hunting, provided that the size of such signs does not exceed 12 square feet.
(e) On-site professional, home occupation or name signs indicating the profession and/or activity and/or name of the occupant of the dwelling, provided that:
[1] The size of any such sign shall not exceed 12 square feet.
[2] No more than one sign is permitted for any individual parcel of land.
(f) On-site business or advertising signs, provided that:
[1] No more than two signs are located on any one premises or on the premises leased or utilized by any one business establishment.
[2] The total area of such signs shall not exceed 20 square feet per side, with the maximum height to the top of the sign not to exceed 15 feet from ground level.
(g) Temporary signs advertising political parties or candidates for election, provided that the size of any such sign does not exceed four square feet.
(h) Temporary on- and off-site signs advertising civil, social or political gatherings and activities, provided that the size of such signs does not exceed four square feet.
(i) All other temporary on-site signs, provided that the size of any such sign does not exceed 32 square feet, it is set back at least 20 feet from the street line or property line, at the discretion of the Building Inspector, and said sign is removed, at the owner's expense, within 30 days after it is erected. No more than two such signs shall be erected on any parcel of property within a calendar year (January 1 to December 31). Should one sign be erected for more than 30 days, this shall be considered the second sign for the purpose of this subsection.
[Added 9-9-1985 by Ord. No. 13-1985]
(2) All residential districts.
(a) Home professions: one professional sign or nameplate not more than one square foot in area. One such sign shall be allowed for each permitted use or dwelling unit.
(b) Development sign advertising residential construction. Such signs shall be not larger than 128 square feet in area, shall be limited in number to one for each street frontage and shall be located on the subject premises. Development signs shall be removed within 20 days after occupation of the last house in the subdivision.
(c) Contractor's or mechanic's sign, not greater than six square feet in area. One such sign shall be allowed for each street frontage and shall be removed promptly upon completion of work.
(d) Temporary sign limited to signs advertising activities of civic, political or religious organizations. Such signs shall be limited to 12 square feet in area and shall require a permit. Such permit shall run for 30 days and may be renewed once for another period of 30 days. Six months shall elapse between permits issued to any one organization.
(e) In residence districts where townhouses and garden apartments are permitted, one identification sign indicating the name and rental information for an apartment house or group of apartments. Such signs shall be not greater than 35 square feet in area and a maximum of 12 feet on any side.
(3) (Reserved).
(4) H-B Highway Business District.
(a) Attached signs: one unlighted or lighted sign on each principal building facade with at least 200 feet of street frontage. The total area on the sign shall not exceed 10% of the area of the face of the wall upon which such sign is attached or 75 square feet, whichever is smaller. Where the building(s) is (are) designed for rear or side entrances, one unlighted sign may be attached flat against the building at the rear and side entrances, each sign not to exceed an area equivalent to 1/2 that of the front of the building. Where more than one use occupies a building, a sign not exceeding eight square feet identifying the name of the use may also be attached at the entrance.
(b) Freestanding signs: one unlighted or lighted freestanding sign for each principal building or shopping center.
(c) Height: 35 feet or the height of the principal building, whichever is shorter.
(d) Setback: at least 30 feet from any street or lot line.
(e) Area: 100 square feet.
(f) Temporary on-site signs, provided that the size of any such sign does not exceed 32 square feet, it is set back at least 10 feet from the street line or property line, at the discretion of the Building Inspector, and said sign is removed, at the owner's expense, within 30 days after it is erected. No more than two such signs shall be erected on any parcel of property within a calendar year (January 1 to December 31). Should one sign be erected for more than 30 days, this shall be considered the second sign for the purpose of this subsection.
[Added 9-9-1985 by Ord. No. 13-1985]
(5) M-1 Industrial District. Each principal building may have one lighted or unlighted sign, either freestanding or attached.
(a) If freestanding:
[1] Height: 15 feet.
[2] Setback: at least 50 feet from all street lines and lot lines.
[3] Area: 50 square feet.
(b) If attached to the building:
[1] Height: no higher than the roofline.
[2] Area: 10% of the front wall or 75 square feet, whichever is smaller.
(c) Temporary on-site signs, provided that the size of any such sign does not exceed 32 square feet, it is set back at least 20 feet from the street line or property line, at the discretion of the Building Inspector, and said sign is removed, at the owner's expense within 30 days after it is erected. No more than two such signs shall be erected on any parcel of property within a calendar year (January 1 to December 31). Should one sign be erected for more than 30 days, this shall be considered the second sign for the purpose of this subsection.
[Added 9-9-1985 by Ord. No. 13-1985]
(6) M2 Multi-Use District.
(a) Attached signs: one unlighted or lighted sign on each principal building major facade. The total area of the sign shall not exceed 10% of the wall to which it is attached or 50 square feet, whichever is less.
(b) Freestanding signs: one unlighted or lighted freestanding sign for each principal building.
(c) Height: 15 feet maximum.
(d) Setback: at least 20 feet from any street or property line.
(e) Area: 50 square feet.
(f) Temporary on-site signs, provided that the size of any such sign does not exceed 32 square feet when associated with an office, office building, retail or service use; does not exceed eight square feet when associated with a residential use; is set back at least 20 feet from the street line or property line, at the discretion of the Building Inspector; and said sign is removed, at the owner's expense, within 30 days after it is erected. No more than two such signs shall be erected on any parcel of property within a calendar year (January 1 to December 31). Should one sign be erected for more than 30 days, this shall be considered the second sign for the purpose of this subsection.
[Added 9-9-1985 by Ord. No. 1985-13; amended 2-24-1986 by Ord. No. 4-1986]
(7) Downtown Districts or Gateway Districts.
[Added 11-28-2011 by Ord. No. 23-2011]
(a) General sign provisions in these districts.
[1] Where the building(s) is (are) designed for rear or side entrances, one unlighted sign not to exceed an area equivalent to 1/2 that of the sign on the front of the building.
(b) Address sign.
[1] Intent. The intent of regulating address signs is to protect public safety by ensuring the visibility of street addresses from the street. Their sizes, colors, and materials are also regulated to preserve or improve the aesthetic quality of the place in which they are located.
[2] Diagram.
[3] Specifications.
[4] Zone application.
[5] Components.
[a] Address signs typically consist of either a panel or individual numbers and letters applied to a building wall.
[6] General provisions.
[a] Address sign numerals applied to commercial, multifamily residential buildings, institutional, office, or industrial buildings shall be between four and ten inches tall. Address sign numerals applied to individual dwelling units shall be at least two inches tall.
[b] Address signs shall be easily visible by using colors or materials that contrast with their background.
[c] Address signs shall not be incorporated into other signs except in the case of address numerals placed on the valance of awning signs.
[d] Address signs shall be constructed of durable materials. Tape and paper shall not be used to create address signs.
[7] Placement.
[a] Address signs must be placed in a conspicuous location on the front of the building, preferably on the primary entrance or above it.
[8] Permitted quantities and dimensions.
[a] Refer to table [3] for permitted quantities and dimensions and diagram [2] for an illustration of dimension features.
[b] In the event of conflict or inconsistency, specifications in [6] General Provisions shall apply.
[9] Conditions.
[a] Reserved.
(c) Awning sign.
[1] Intent. The intent of regulating awning signs is to ensure proper dimensioning and placement on the building – with respect to existing architectural features – to maintain or improve public safety as well as the aesthetic qualities of the place in which they are located. Awning signs are also regulated to ensure that they are made of durable materials and are fixed or replaced if damaged.
[2] Diagram.
[3] Specifications.
[4] Zone application.
[5] Permitted components.
[a] Awning sign types with the following components are permitted:
i. Shed and patio awnings with or without signbands
ii. Long dome awnings with or without signbands
iii. Dome awnings with or without signbands or marquee
iv. Marquee awnings
v. Gable awnings
[b] The following awning sign type components are prohibited:
i. Box awnings
ii. Waterfall and multilevel waterfall awnings
[6] General provisions.
[a] Awning signs shall contain the business name, logo, and street address. Awning signs shall not contain a list of services or products, promotional messages, slogans, address information, operating hours, or contact information.
[b] The height of the valance of an awning sign shall not exceed 12 inches.
[c] Letters, numbers, and graphics may be printed only on the valance portion of the awning sign and must be between five to ten inches in height and cover no more than 70% of the valance area. A logo may be printed on the flat surfaces of a shed awning sign. The size of the logo shall not exceed more than 50% of the area of the flat surface.
[d] Awning signs shall be made of a high-quality canvas, woven acrylic, or similar material. Vinyl, plastic, mylar, and other shiny or glossy materials are prohibited. "Egg crate" undersides to awning signs are prohibited.
[e] Awning signs shall not be internally illuminated or backlit.
[f] Awning signs shall be colored or patterned so as to match or complement the architecture or the brand of the business.
[g] Where multiple awning signs are present on a single building (i.e. for multiple retail tenants in a shopping center), awning signs shall be coordinated in terms of scale, colors, materials, and placement.
[h] Torn or damaged awning signs shall be repaired or replaced immediately.
[7] Placement.
[a] Awning signs shall not obscure architectural features such as pilasters, friezes, roof eaves, roofs, etc. Where possible, they shall be contained within a storefront window bay. Awning signs that span continuously across the entire face of the building's facade are discouraged.
[b] Awning signs shall not extend beyond the width of the building or tenant space. Awning signs shall not project above the roof line or extend into the floor above.
[c] No portion of an awning sign shall be less than seven feet above the surface over which it projects or project more than four feet into a public right-of-way.
[8] Permitted quantities and dimensions.
[a] Refer to table [3] for permitted quantities and dimensions and diagram [2] for an illustration of dimension features.
[b] In the event of conflict or inconsistency, specifications in (6) General provisions shall apply.
[9] Conditions.
[a] Reserved.
(d) Entrance canopy.
[1] Intent. The intent of regulating entrance canopies is to ensure durability and to prevent any risk to public health and safety. Furthermore, entrance canopies are regulated to permit adequate clearance above the public right- of-way and to ensure proper dimensioning and placement on the building with respect to existing architectural features.
[2] Diagram.
[3] Specifications.
[4] Zone application.
[5] Components.
[a] Entrance canopies consist of a canopy of canvas, cloth, or other materials whose shape is supported by a framework of rods and held up by posts secured to the ground. The canopy may consist of a flat front and valances.
[6] General provisions.
[a] Entrance canopies shall be made of canvas, cloth, or other similar materials and of fiberglass, plastic or non-ferrous metals. In no case shall entrance canopies include wood or wood products, masonite, or similar materials.
[7] Placement.
[a] In all cases where an entrance canopy is placed upon, attached to, or forming any part of any building and such awning, entrance canopy or shelter canopy projects over a sidewalk, or similar place where the public is accustomed to walk, the rigid or metal parts for any such awning entrance canopy or shelter canopy shall have a clearance of not less than seven feet from the sidewalk elevations, and any non-rigid valance of any such awning, entrance canopy or shelter canopy shall have a clearance of not less than six and one-half feet from sidewalk elevation.
[b] All entrance canopies shall be attached to a building. No supports shall exist beyond the setback line between the canopy and the sidewalk or ground below.
[c] Entrance canopies shall not extend more than eight feet from the face of the building on which it is attached.
[d] The name, logo, and street address of the establishment shall be placed on face or sides of canopy in letters no taller than eight inches. Entrance canopies shall not contain a list of services or products, promotional messages, slogans, address information, operating hours, or contact information.
[e] Entrance canopies installed with sidewalk illumination systems shall direct light downward.
[8] Permitted quantities and dimensions.
[a] Refer to table [3] for permitted quantities and dimensions and diagram [2] for an illustration of dimension features.
[b] In the event of conflict or inconsistency, specifications in (6) General provisions shall apply.
[9] Conditions.
[a] Reserved.
(e) Marquee.
[1] Intent. The intent of regulating marquees is to prevent any risk to public health and safety. Furthermore, marquees are regulated to permit adequate clearance above the public right-of-way and to ensure proper dimensioning and placement on the building with respect to existing architectural features.
[2] Diagram.
[3] Specifications.
[4] Zone application.
[5] Components.
[a] Marquees are typically structural features of buildings. Their components and materials can vary considerably. Anchors, bolts, and supporting rods are part of the interior of marquees. Signs, typically in the form of channel letters, are affixed to marquees.
[6] General provisions.
[a] All marquees, including anchors, bolts, supporting rods and braces thereof, shall be constructed of incombustible materials and shall be designed by a structural engineer and approved by the Building Inspector.
[b] No portion of a marquee shall be less than ten feet above the sidewalk.
[c] No marquee shall be permitted to extend closer to the curb line than three feet.
[d] No marquee shall be wider than the entrance of the building plus two feet on each side thereof.
[e] Where an entrance consists of multiple adjacent doors, the multiple doors shall be treated as one single entrance.
[f] Marquees shall be supported solely by the building to which they are attached and no columns or posts shall be used as supports in the required front yard or street right-of-way.
[g] Message boards are permitted as part of marquees.
[h] A projecting sign may be placed above a marquee.
[7] Placement.
[a] Marquees shall only be located above the main entrance of a building.
[8] Permitted quantities and dimensions.
[a] Refer to table [3] for permitted quantities and dimensions and diagram [2] for an illustration of dimension features.
[b] In the event of conflict or inconsistency, specifications in (6) General Provisions shall apply.
[9] Conditions.
[a] Reserved.
(f) Message board.
[1] Intent. The intent of regulating message boards is to prevent any nuisance or risk to public safety and health from illuminated messages. Furthermore, the dimensions of message boards are regulated so that they are proportionate with the sign framework in which they are installed.
[2] Diagram.
[3] Specifications.
[4] Zone application.
[5] Components.
[a] Message board signs are classified into the following construction types:
i. Non-electronic message boards. Letters are individually attached to a surface within a transparent display case.
ii. Electronic message boards. A sign with a fixed or changing message composed of a series of lights that may be changed through electronic means. Electronic message boards shall be prohibited.
[6] General provisions.
[a] One message board is permitted for each business or institution.
[b] Message boards shall be permitted on monument signs and pylon signs. The area of message boards shall not exceed 80% of the area of the monument sign, pylon sign, or marquee on which it is installed.
[c] Non-electronic message boards are permitted to be internally- illuminated or illuminated by ground mounted lights. No lighting shall be oriented to create glare or distraction to the motoring public or residential uses.
[d] Maximum of four lines of copy; letter heights one inch for each 50 feet of visibility; letter width to height ratio 0.7.
[e] No imitation of traffic signs, no use of the words "STOP," "YIELD,""TURN" or "WARNING."
[7] Placement.
[a] Message boards shall be placed at 90 degrees to traffic flow, to maximize their visibility to passing traffic.
[8] Permitted quantities and dimensions.
[a] Refer to table [3] for permitted quantities and dimensions and diagram [2] for an illustration of dimension features.
[b] In the event of conflict or inconsistency, specifications located in [6] General provisions shall apply.
[9] Conditions.
[a] When located within 150 feet of a residentially-used lot in a residential zone, any part of a message board shall be oriented so that no portion of the sign face is visible from an existing or permitted principal structure on that lot.
[b] The message board shall be turned off between the hours of 10 p.m. and 6 a.m.
[c] Message boards may not be located within the sight triangle of any street or driveway.
(g) Monument sign.
[1] Intent. The intent of regulating the dimensions and appearance of monument signs is to preserve or improve public safety as well as the aesthetic qualities of the places in which they exist. Regulations also ensure that the messages on monument signs are clear and not cluttered by excessive information.
[2] Diagram.
[3] Specifications.
[4] Zone application.
[5] Permitted components.
[a] Monument signs typically consist of a solid structural base with a framework of the same material. Monument signs have a message area that consists of an illuminated cabinet, if the sign is internally- illuminated, or individual letters that are internally- or externally- illuminated.
[b] Primary tenant or development name. Usually the largest name or logo appearing on a freestanding sign, and placed at the very top.
[c] Secondary tenants. Smaller signs located below the primary tenant.
[d] Street address. Number and street name required for all monument signs.
[6] General provisions.
[a] Monument signs for businesses or shopping centers shall be permitted where the primary street frontage is greater than 50 feet and where the setback to the main building includes a driveway or surface parking lot. One monument sign is permitted per street frontage, with the exception that no monument sign is permitted on the same frontage as a pylon sign.
[b] Nonresidential uses in residential zones are permitted one monument sign per street frontage.
[c] The base of the sign shall be landscaped. Landscaping shall not obscure text. Landscaping shall not block sight lines of the driveway or circulation aisles.
[d] Monument signs shall be limited to the name of the business and street address, with an optional logo and/ or message board. Other messages, including but not limited to list of services or products, phone numbers, sales or promotions, and slogans, are prohibited unless included within the message board.
[e] Monument signs for shopping centers with more than one tenant shall be limited to a maximum of five business names, including the name of the retail center, if it has one.
[f] Monument signs shall use between five to ten percent of its area for address identification. Letters and numbers shall be at least six inches high and be legible from the street.
[g] Monument signs shall be internally illuminated with letter cutouts on an opaque background, or with directed external lighting shielded to prevent glare.
[h] Monument signs shall be designed to match or complement the colors and architectural features of the adjacent building. Incorporate similar architectural elements at top, sides or base to frame the sign. Monument signs shall include a cap.
[i] If a monument sign contains listings for multiple tenants, the information shall be presented in a clear and consistent manner. Color, font size, and style should be coordinated across a monument sign.
[j] If a monument sign is intended to be seen primarily by motorists, letter size shall be such that a motorist would not need to slow down drastically to read the contents of the sign.
[k] Message boards are permitted as part of monument signs.
[7] Placement.
[a] Monument signs shall be placed at the entrance to parking lots or driveways, perpendicular to the street. Monument signs shall not block sight lines at the driveway or circulation aisles.
[b] No portion of the monument sign shall be located within the public right-of-way. All parts of monument signs shall be located at least five feet from any property line.
[c] No portion of the monument sign shall be located within sight triangle encroachment areas as defined in § 175-127.
[8] Permitted quantities and dimensions.
[a] Refer to table [3] for permitted quantities and dimensions and diagram [2] for an illustration of dimension features.
[b] In the event of conflict or inconsistency, specifications in (6) General provisions shall apply.
[9] Conditions.
[a] Reserved.
(h) Nameplate.
[1] Intent. The intent of regulating the sizes, colors, and materials of nameplates is to preserve or improve public safety, as well as the aesthetic quality of the place in which they are located.
[2] Diagram.
[3] Specifications.
[4] Zone application.
[5] Components.
[a] Nameplates typically consist of either a panel or individual letters applied to a building wall.
[6] General provisions.
[a] One nameplate shall be permitted per address.
[b] Nameplates shall not exceed three square feet in display area.
[c] Nameplates shall be constructed of durable materials. Tape and paper shall not be used to create nameplates.
[d] Nameplates shall include the address number and street in letters at least six inches in height if a separate address sign is not provided.
[7] Placement.
[a] Nameplates shall be attached to the wall within ten feet of an entrance to the building.
[8] Permitted quantities and dimensions.
[a] Refer to table [3] for permitted quantities and dimensions and diagram [2] for an illustration of dimension features.
[b] In the event of conflict or inconsistency, specifications in (6) General provisions shall apply.
[9] Conditions.
[a] Reserved.
(i) Outdoor display case.
[1] Intent. The intent of regulating outdoor display cases is to protect public health and safety by ensuring that their content is maintained and kept current. Furthermore, the dimensions of outdoor display cases are regulated so that they do not clutter the facades of the buildings on which they are mounted.
[2] Diagram.
[3] Specifications.
[4] Zone application.
[5] Components.
[a] Outdoor display cases consist of lockable metal or wood framed cabinet with transparent windows mounted onto a building wall.
[6] General provisions.
[a] One outdoor display case is permitted per every 20 feet of frontage.
[b] Each outdoor display case shall not exceed a total area of six square feet.
[c] Outdoor display cases are permitted to be illuminated in order for their contents to be visible in the dark.
[d] The contents of outdoor display cases shall be maintained and kept current. Faded, torn, and outdated contacts shall be removed and replaced immediately.
[e] Theaters are permitted to have greater quantities and dimensions of outdoor display cases at the discretion of the Planning Board.
[7] Placement.
[a] Outdoor display cases shall be attached to the building walls nearest to the main entrance.
[b] Outdoor display cases shall not be attached to storefront windows.
[8] Permitted quantities and dimensions.
[a] Refer to table [3] for permitted quantities and dimensions and diagram [2] for an illustration of dimension features.
[b] In the event of conflict or inconsistency, specifications in (6) General provisions shall apply.
[9] Conditions.
[a] Reserved.
(j) Projecting/blade sign.
[1] Intent. The intent of regulating the dimensions and lighting of projecting signs is to preserve or improve public safety as well as the aesthetic qualities of the place in which they are located and to ensure adequate clearance above the public right-of-way.
[2] Diagram.
[3] Specifications.
[4] Zone application.
[5] Permitted components.
[a] Components of projecting signs include the letters, background, lighting, and an optional logo. The simplest projecting signs consist of letters only, mounted directly on a panel. Projecting signs are classified into the following construction types:
i. Cut out letters. Letters are individually attached on a panel. Shall be externally lit.
ii. Flat panel. The letters are printed or etched on same surface as the background, which is then affixed to the wall. Must be lit externally.
iii. Box or cabinet. The letters are printed or etched on a box, deep enough to house internal lighting. The box shall be translucent, and the letters are silhouetted; or the box shall be opaque and only the letters are translucent.
[6] General provisions.
[a] Businesses shall be permitted one projecting sign where its primary frontage is no more than five feet from the front setback line. Businesses that have a secondary frontage on another street that is no more than two feet from the side setback line shall be permitted to have one additional projecting sign on that facade.
[b] Projecting signs shall be on a single plane and project at a 90 degree angle from the face of the building. Signs may be double-sided.
[c] Projecting signs shall be permitted only for businesses that have a primary entrance on the ground floor.
[d] Text and graphics on the projecting sign shall be limited to the name and logo of the business only. Slogans or text advertising products or services are permitted if letters are not more than three inches in height and take up no more than 25% of the area of the sign. Address labels, operating hours and contact information are prohibited.
[e] Internally illuminated projecting signs shall be prohibited unless the cabinet has an opaque background with letter cut outs. Lighting elements shall not be visible and shall be contained within the maximum depth of six inches.
[f] Mounting hardware, such as supports and brackets, may be simple and unobtrusive or be highly decorative, but must complement the design of the sign, the building, or both.
[g] For buildings with multiple signs (e.g., for multiple retail tenants in a shopping center), mounting hardware or sign shapes, sizes and colors shall be coordinated.
[7] Placement.
[a] Projecting signs shall not extend beyond the top of the roof line.
[b] On multi-story buildings, projecting signs shall not extend above the bottom of the second floor window sills, unless placed above a marquee sign.
[c] No portion of a projecting sign shall be less than eight feet above the surface over which it projects or project more than four feet from the wall on which it is attached into a public right-of-way.
[8] Permitted quantities and dimensions.
[a] Refer to table [3] for permitted quantities and dimensions and diagram [2] for an illustration of dimension features.
[b] In the event of conflict or inconsistency, specifications in (6) General provisions shall apply.
[9] Conditions.
[a] Reserved.
(k) Pylon sign.
[1] Intent. The intent of regulating the dimensions and appearance of pylon signs is to preserve or improve public safety as well as the aesthetic qualities of the place in which they are located. Regulations also ensure that the messages on pylon signs are clear and not cluttered by excessive information.
[2] Diagram.
[3] Specifications.
[4] Zone application.
[5] Permitted components.
[a] Primary tenant or development name. Usually the largest name or logo appearing on a freestanding sign, and placed at the very top.
[b] Secondary tenants. Smaller signs located below the primary tenant.
[c] Street address. Number and street name required for all pylon signs.
[d] Message board. Some uses may employ a message board with electronic or manual changeable letters to advertise events, sales, or attractions that occur for a limited time.
[6] General provisions.
[a] Pylon signs supported by a single pole or three or more supporting poles are not permitted. Only pylon signs supported by two supporting pylons are permitted.
[b] Pylon signs shall be permitted only for businesses or shopping centers where the primary street frontage is greater than 50 feet and permits on- street parking, and where the main building setback includes a driveway or surface parking lot. One pylon sign is permitted per lot. Where a development has a secondary street frontage, a monument sign shall be used on that frontage.
[c] The base of the sign shall be landscaped. Landscaping shall not block sight lines of the driveway or circulation aisles.
[d] No portion of the pylon sign shall be located on or above the public right-of-way.
[e] Pylon signs shall maintain a minimum seven feet clearance from the bottom of the sign (not including supports) to the ground, unless enough landscaping is provided to prevent people from walking underneath it.
[f] To ease in visibility, pylon signs shall be limited only to the name and street address of the business, with an optional logo and/or message board. Other messages, including but not limited to list of services or products, phone numbers, sales or promotions, and slogans, are prohibited unless included within the message board.
[g] Pylon signs for retail centers with more than one tenant shall be limited to a maximum of five business names, including the name of the retail center, if it has one.
[h] Pylon signs shall use between five to ten percent of its area for address identification. Letters and numbers shall be at least six inches high and be legible from the street.
[i] Pylon signs are permitted to be internally illuminated with letter cutouts on an opaque background.
[j] Pylon signs are permitted to be externally illuminated provided that the light is directed toward the sign.
[k] Pylon signs shall be designed to match or complement the colors and architectural features of the adjacent building. Incorporate similar architectural elements at top, sides or base to frame the sign.
[l] If a pylon sign contains listings for multiple tenants, the information shall be presented in a clear and consistent manner. Color, font size, and style should be coordinated across a pylon sign.
[m] Message boards are permitted as part of pylon signs.
[7] Placement.
[a] Pylon signs shall be placed at the entrance to parking lots or driveways, perpendicular to the street. Pylon signs shall not block sight lines at the driveway or circulation aisles.
[b] Landscaping shall not block sight lines of the driveway or circulation aisles.
[c] No portion of pylon signs shall be located on or above the public right- of-way. All parts of pylon signs shall be located at least five feet from any property line.
[8] Permitted quantities and dimensions.
[a] Refer to table [3] for permitted quantities and dimensions and diagram [2] for an illustration of dimension features.
[b] In the event of conflict or inconsistency, specifications in (6) General provisions shall apply.
[9] Conditions.
[a] Reserved.
(l) Roof sign.
[1] Intent. The intent of regulating roof signs is to prohibit them.
[2] Diagram.
[3] Specifications.
[4] Zone application.
[5] Components.
[a] Roof-mounted signs are any signs mounted above the roofline of any structure, and typically feature:
i. externally illuminated flat panel;
ii. internally illuminated letters or images.
[b] Any component above a building's roof line is prohibited.
[6] General provisions.
[a] Roof signs are prohibited.
[7] Placement.
[a] Roof signs are prohibited.
[8] Permitted quantities and dimensions.
[a] Refer to table [3] for permitted quantities and dimensions and diagram [2] for an illustration of dimension features.
[b] In the event of conflict or inconsistency, specifications in (6) General provisions shall apply.
[9] Conditions.
[a] Reserved.
(m) Temporary sign, banner.
[1] Intent. The intent of regulating temporary banner signs is to protect public safety by ensuring that they are removed after a specified time period. Furthermore, the dimensions of temporary banner signs are regulated to prevent the signs from cluttering or obscuring the building facade.
[2] Diagram.
[3] Specifications.
[4] Zone application.
[5] Components.
[a] Banners typically consist of a large printed sign, usually on a weather durable material like vinyl, to achieve the same kind of visibility as most wall-mounted signs. Because of its light weight it can be attached to nearly any surface where a more permanent wall sign would be difficult or impossible to mount, such as on highly decorated or ornate surfaces or on fences.
[6] General provisions.
[a] Banners must be temporary, and shall not be used in place of or in addition to other forms of permanent signage.
[b] Banners shall only be permitted to announce events of limited occurrence or duration such as sales, grand openings, or change of tenant; or for public functions or fundraising events for charitable, educational, civic, religious, or similar purposes.
[c] Banners may be in place no longer than 30 days in a calendar year. Days do not necessarily need to be consecutive.
[d] Banner signs shall not exceed six feet in height or 16 feet in width, with a maximum area of 32 square feet. Banners shall not be wider than the building on which it is applied.
[e] Only one banner is permitted to be displayed at a time.
[f] "For sale" or "for lease" signs for buildings or space within buildings are exempt from the time limit, but shall be removed before or upon sale or lease.
[g] Banners shall be constructed of durable materials that can sustain winds and inclement weather.
[7] Placement.
[a] Banners for commercial and industrial uses shall be located on the building. Banners for public and institutional uses may be located on the building or on premises.
[8] Permitted quantities and dimensions.
[a] Refer to table [3] for permitted quantities and dimensions and diagram [2] for an illustration of dimension features.
[b] In the event of conflict or inconsistency, specifications in (6) General provisions shall apply.
[9] Conditions.
[a] Reserved.
(n) Temporary sign, freestanding.
[1] Intent. The intent of regulating temporary freestanding signs is to protect public safety by ensuring that they are removed after a specified time period. The dimensions of temporary freestanding signs are regulated to ensure adequate clearance from other pedestrian obstructions along the public right- of-way.
[2] Diagram.
[3] Specifications.
[4] Zone application.
[5] Components.
[a] A freestanding, double-sided temporary sign placed at the entrance to a business in a primarily pedestrian environment. They are convenient to move and store and be placed outside on a day-to-day basis, and removed at the close of business each day.
[6] General provisions.
[a] One A-Frame sign (also known as sandwich board) shall be permitted for each business. A-Frame signs should be made of high quality materials and be weather durable. A-Frame signs shall not exceed 42 inches in height or 26 inches in width.
[7] Placement.
[a] Freestanding temporary signs shall be placed in front of business property only.
[b] Freestanding temporary signs shall not be placed more than five feet from other pedestrian obstructions.
[c] Freestanding temporary signs shall be stored inside when the business is not open or when the sign is not in use. A-Frame signs shall also be stored inside during high winds or other weather conditions that might pose a hazard to public safety.
[d] No portion of the temporary sign shall be located within site triangle encroachment areas as defined in § 175-127.
[8] Permitted quantities and dimensions.
[a] Refer to table [3] for permitted quantities and dimensions and diagram [2] for an illustration of dimension features.
[b] In the event of conflict or inconsistency, specifications in (6) General provisions shall apply.
[9] Conditions.
[a] Reserved.
(o) Temporary sign, window.
[1] Intent. The intent of regulating temporary window signs is to protect public safety by ensuring that they are removed after a limited time period. The dimensions of temporary window signs are regulated to prevent cluttering the storefront window.
[2] Diagram.
[3] Specifications.
[4] Zone application.
[5] Components.
[a] Temporary window signs typically are affixed to windows.
[6] General provisions.
[a] Temporary window signs shall be limited to no more than 20% of the area of the glass panel on which they are displayed, such that the aggregate area of permanent and temporary window signs does not exceed 33 1/3 % of the glass panel on which they are displayed. The area of temporary window signs shall not be included in the calculations of the areas of permanent window signs.
[b] Temporary window signs may be displayed for a maximum of 30 days in a calendar year. The days do not need to be consecutive. A "day" shall mean any part of the day for any duration.
[c] "For sale" or "for lease" signs are exempt from this time limit, but shall be removed before or upon sale or lease.
[d] Temporary window signs may not be illuminated.
[7] Placement.
[a] Temporary window signs shall be affixed to the interior of the window.
[8] Permitted quantities and dimensions.
[a] Refer to table [3] for permitted quantities and dimensions and diagram [2] for an illustration of dimension features.
[b] In the event of conflict or inconsistency, specifications in (6) General provisions shall apply.
[9] Conditions.
[a] Reserved.
(p) Wall-mounted sign.
[1] Intent. The intent of regulating wall-mounted signs is to ensure proper dimensioning and placement on the building – with respect to existing architectural features – to maintain or improve public safety as well as the aesthetic qualities of the place in which they are located. Lighting of wall- mounted signs is also regulated to reduce glare.
[2] Diagram.
[3] Specifications. [Amended 6-17-2019 by Ord. No. 14-2019]
a. Quantity | 1 per business; 2 for corner properties |
b. Area | 1.5 sf per linear ft of building front |
c. Width | max 90% of width of building front |
d. Height | max 24 in |
e. Valance Height | n/a |
f. Depth/Projection | max 7 in |
g. Clearance | min. 7 ft |
h. Apex | n/a |
i. Letter Height | max 18 in |
[4] Zone application.
[5] Permitted components.
[a] Components of wall-mounted signs include the letters, background, lighting, and an optional logo. The simplest wall-mounted signs consist of letters only, mounted directly on the wall. Wall-mounted signs are classified into the following construction types:
i. Cut out letters. Letters are individually attached to the wall or on a separate background panel, and shall be externally illuminated.
ii. Channel letters. Each letter has its own internal lighting element, individually attached to the wall or onto a separate background panel. The letter shall be translucent, or solid to create a backlit "halo" effect.
iii. Flat panel. The letters are printed or etched on same surface as the background, which is then affixed to the wall and shall be lit externally.
iv. Box or cabinet. The letters are printed or etched on a box, deep enough to house internal lighting. The box shall be translucent, and the letters are silhouetted; or the box shall be opaque and only the letters are translucent.
[6] General provisions.
[a] All businesses are permitted one wall-mounted sign. Businesses may have one additional wall sign where it has a secondary street frontage, but in no case shall a business have more than two wall-mounted signs in total. Where a business is allowed more than one wall-mounted sign, each sign shall be on a separate façade.
[b] Wall-mounted signs shall consist of the name and logo of the business. Wall-mounted signs shall not list products, sales, or other promotional messages. Wall signs shall not contain address information, phone number, or other contact information.
[c] Height and width shall be measured using smallest rectangle that fully encompasses the entire extent of letters, logo and background.
[d] Wall-mounted signs shall not be wider than building face or tenant space.
[e] Wall-mounted signs shall not project vertically above the roof line.
[f] Where multiple wall-mounted signs are present on a single building (i.e. for retail tenants in a shopping center), signage shall be coordinated in terms of scale, placement, colors and materials.
[g] Wall-mounted signs shall be illuminated at least from dusk to dawn. External lights shall be shielded from direct view to reduce glare.
[h] Electrical raceways, conduits and wiring shall not be exposed. Internal lighting elements shall be contained completely within the sign assembly or inside the wall.
[7] Placement.
[a] Wall-mounted signs shall be placed where the architectural features suggest the best placement for signage. They shall be vertically aligned with the center of an architectural feature such as a storefront window, entry portal, or width of a bay or overall retail space.
[b] Placement of wall-mounted signs shall be compatible with existing architectural features such as bays, openings, pilasters, etc. They shall not interrupt or obscure these features or cause visual disharmony.
[c] Wall-mounted signs are not permitted above the ground floor of buildings.
[8] Permitted quantities and dimensions.
[a] Refer to table [3] for permitted quantities and dimensions and diagram [2] for an illustration of dimension features.
[b] In the event of conflict or inconsistency, specifications in (6) General provisions shall apply.
[9] Conditions.
[a] Reserved.
(q) Window sign.
[1] Intent. The intent of regulating the dimensions of window signs is to protect public safety by preventing cluttering of storefront windows and maintaining visibility through storefront windows.
[2] Diagram.
[3] Specifications.
[4] Zone application.
[5] Permitted components.
[a] Window signs are classified into the following construction types.
i. Poster or placard. A sign printed on paper, cardstock or other material, which is affixed to the window or placed against it.
ii. Label applique letters. A sticker that is applied to the window. Label appliques shall consist of individual letters or graphics with no background.
iii. Painted letters. Painted directly on the window.
iv. Hanging sign. Signs that are hanging from the ceiling behind the window. Usually these signs require electricity for illumination. Examples include neon signs or an internally illuminated box or cabinet sign.
v. Video display sign. Signs consisting of electronically generated text and images displayed on a computer monitor, television screen, LCD photo frame, or similar device.
vi. Door sign. Signs applied to the glass portion of an entrance doorway.
vii. Neon sign.
[6] General provisions.
[a] Window signs shall not interfere with the primary function of windows, which is to enable passersby and public safety personnel to see through windows into premises and product displays.
[b] Window signs shall be no larger than 25% of the total area of the glass panel onto which they are applied. Commercial, office, or institutional establishments on the second floor of a two-story building are permitted to have window signs that shall be no larger than 25% of the total area of the glass panel onto which they are applied.
[c] Window signs shall be allowed to list services and/ or products sold on the premises, or provide phone numbers, operating hours or other messages, provided that the total aggregate area of these messages not exceed the area utilized for the business identification.
[d] Merchandise or other objects that are located inside within three feet of the window and that are not part of a commercial window display shall be considered window signs, subject to the provisions in this section.
[e] Door signs shall be no larger than 25% of the area of the door onto which it is applied.
[f] Neon signs shall be no larger than two square feet. The dimensions of neon signs shall be included in calculations of window sign areas.
[g] Neon lights outlining windows are prohibited.
[h] Letters on window signs, including neon signs and door signs, shall not be taller than eight inches.
[i] Video display signs are permitted only behind, and facing the inside of, ground-floor windows.
[j] Video display signs shall be no larger than 2.5 square feet. The dimensions of video displays shall be included in the calculations of window sign areas.
[k] Video display signs shall present a static display, and shall not change more frequently than 20 seconds, and shall not flash or include animations other than fades, dissolves or wipes through black.
[l] Audio speakers or any form of sound emanating from video display devices are prohibited.
[m] Except for neon signs and video display signs, where permitted – and ambient lighting – window signs shall not be illuminated.
[7] Placement.
[a] Window signs shall be applied to, or placed facing, the interior side of the window.
[8] Permitted quantities and dimensions.
[a] Refer to table [3] for permitted quantities and dimensions and diagram [2] for an illustration of dimension features.
[b] In the event of conflict or inconsistency, specifications in (6) General provisions shall apply.
[9] Conditions.
[a] Reserved.
[Added 8-27-2018 by Ord. No. 31-2018; amended 11-19-2018 by Ord. No. 45-2018]
The purpose of this section is to provide for and regulate affordable housing in the town.
A. Definitions. The following terms when used in this section shall have the meanings given in this section:
ACT – The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.)
ADAPTABLE – Constructed in compliance with the technical design standards of the Barrier Free Sub code, N.J.A.C. 5:23-7.
ADMINISTRATIVE AGENT – The entity designated by the town to administer affordable units in accordance with this section, N.J.A.C. 5:93, and UHAC (N.J.A.C. 5:80-26).
AFFIRMATIVE MARKETING – A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
AFFORDABILITY AVERAGE – The average percentage of median income at which new restricted units in an affordable housing development are affordable to low- and moderate-income households.
AFFORDABLE – A sales price or rent level that is within the means of a low- or moderate-income household as defined within N.J.A.C. 5:93-7.4, and, in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.
AFFORDABLE HOUSING DEVELOPMENT – A development included in or approved pursuant to the Housing Element and Fair Share Plan or otherwise intended to address the town's fair share obligation, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable housing development, group homes, residential health care facility, extending controls and a Market to Affordable Program.
AFFORDABLE HOUSING PROGRAM(S) – Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.
AFFORDABLE UNIT – A housing unit proposed or created pursuant to the Act and approved for crediting by the Court and/or funded through an affordable housing trust fund.
AGENCY – The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).
AGE-RESTRICTED UNIT – A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that: 1) all the residents of the development wherein the unit is situated are 62 years of age or older; or 2) at least 80% of the units are occupied by one person who is 55 years of age or older; or 3) the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
ALTERNATIVE LIVING ARRANGEMENTS – A structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangements include, but are not limited to: transitional facilities for the homeless; Class A, B, C, D and E boarding homes as regulated by the State of New Jersey Department of Community Affairs; residential health care facilities as regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements.
CERTIFIED HOUSEHOLD – A household that has been certified by an administrative agent as a low-income household or moderate-income household.
DCA – The State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT – A housing unit with health and safety code violations that requires the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load bearing structural systems.
DEVELOPMENT – The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1, et seq.
INCLUSIONARY DEVELOPMENT – A development containing both affordable units and market rate units. This term includes, but is not limited to: new construction, the conversion of a non-residential structure to residential use and the creation of new affordable units through the gut rehabilitation or reconstruction of a vacant residential structure.
LOW-INCOME HOUSEHOLD – A household with a total gross annual household income equal to 50% or less of the regional median household income by household size.
LOW-INCOME UNIT – A restricted unit that is affordable to a low-income household.
MAJOR SYSTEM – The primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and load bearing structural systems.
MARKET-RATE UNITS – Housing not restricted to low- and moderate-income households that may sell or rent at any price.
MEDIAN INCOME – The median income by household size for the applicable housing region, as adopted annually by COAH or a successor entity approved by the Court.
MODERATE-INCOME HOUSEHOLD – A household with a total gross annual household income in excess of 50% but less than 80% of the regional median household income by household size.
MODERATE-INCOME UNIT – A restricted unit that is affordable to a moderate-income household.
MULTIFAMILY UNIT – A structure containing five or more dwelling units.
NON-EXEMPT SALE – Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a class A beneficiary and the transfer of ownership by court order.
RANDOM SELECTION PROCESS – A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).
REGIONAL ASSET LIMIT – The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by duly adopted Regional Income Limits published annually by COAH or a successor entity.
REHABILITATION – The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Sub code, N.J.A.C. 5:23-6.
RENT – The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.
RESTRICTED UNIT – A dwelling unit, whether a rental unit or an ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.
UHAC – The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26, et seq.
VERY LOW-INCOME HOUSEHOLD – A household with a total gross annual household income equal to 30% or less of the regional median household income by household size.
VERY LOW-INCOME UNIT – A restricted unit that is affordable to a very low-income household.
WEATHERIZATION – Building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for purposes of a rehabilitation program.
B. Applicability. The provisions of this section shall apply to all affordable housing developments and affordable housing units that currently exist and that are proposed to be created within the Town of Hammonton pursuant to the town's most recently adopted Housing Element and Fair Share Plan.
C. Alternative living arrangements.
(1) The administration of an alternative living arrangement shall be in compliance with N.J.A.C. 5:93-5.8 and UHAC, with the following exceptions:
(a) Affirmative marketing (N.J.A.C. 5:80-26.15), provided, however, that the units or bedrooms may be affirmatively marketed by the provider in accordance with an alternative plan approved by the Court.
(b) Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).
(2) With the exception of units established with capital funding through a 20-year operating contract with the Department of Human Services, Division of Developmental Disabilities, alternative living arrangements shall have at least 30 year controls on affordability in accordance with UHAC, unless an alternative commitment is approved by the Court.
(a) The service provider for the alternative living arrangement shall act as the administrative agent for the purposes of administering the affirmative marketing and affordability requirements for the alternative living arrangement.
D. Zoning:
[1] A minimum of 15% of the total number of units shall be set aside as affordable housing units if the affordable units will be for rent. If the calculation of the total number of affordable units required yields a fraction of less than 0.5 then either a pro-rated payment in lieu or one additional unit shall be provided. If the calculation of the total number of affordable units required yields a fraction greater than 0.5, the obligation shall be rounded up and the additional unit shall be provided.
[2] A minimum of 20% of the total number of units shall be set aside as affordable housing units if the affordable units will be for sale. If the calculation of the total number of affordable units required yields a fraction of less than 0.5, then either a pro-rated payment in lieu or one additional unit shall be provided. If the calculation of the total number of affordable units required yields a fraction of greater than 0.5, the obligation shall be rounded up and the additional unit shall be provided.
[3] The provisions of this section shall not apply to residential expansions, additions, renovations, replacement, or any other type of residential development that does not result in a net increase in the number of dwellings of five or more.
[4] At least half of all affordable units shall be affordable to low income households, and the remainder may be affordable to moderate income households. Within rental developments, at least 13% of the affordable units shall be affordable to very low income households, with the very low income units counted as part of the low income requirement.
[5] The above provisions shall not be construed to require residential or mixed-use development in a Downtown Zoning District other than where it is already permitted.
(a) All new multifamily unit development which includes the development of units defined in § 175-10 as multifamily and mixed use, that contain five or more dwelling units; and all new multifamily unit development that consists of single family attached units as defined in § 175-10, that contain more than ten dwelling units shall comply with the following:
[1] A minimum of 15% of the total number of units shall be set aside as affordable housing units if the affordable units will be for rent. If the calculation of the total number of affordable units required yields a fraction of less than 0.5 then either a pro-rated payment in lieu or one additional unit shall be provided. If the calculation of the total number of affordable units required yields a fraction greater than 0.5, the obligation shall be rounded up and the additional unit shall be provided.
[2] A minimum of 20% of the total number of units shall be set aside as affordable housing units if the affordable units will be for sale. If the calculation of the total number of affordable units required yields a fraction of less than 0.5, then either a pro-rated payment in lieu or one additional unit shall be provided. If the calculation of the total number of affordable units required yields a fraction of greater than 0.5, the obligation shall be rounded up and the additional unit shall be provided.
[3] The provisions of this section shall not apply to residential expansions, additions, renovations, replacement, or any other type of: 1) single family attached development that does not result in a net increase of more than ten dwelling units; or 2) residential development, other than single family attached, that does not result in a net increase in the number of dwellings of five or more.
[4] At least half of all affordable units shall be affordable to low income households, and the remainder may be affordable to moderate income households. Within rental developments, at least 13% of the affordable units shall be affordable to very low income households, with the very low income units counted as part of the low income requirement.
[5] The above provisions shall not apply to single family detached developments of up to ten dwelling units which shall be subject to the residential development fee set forth in § 175-50.1; and to single family detached developments of more than ten dwelling units which shall be subject to the provisions of N.J.S. 52:27D-329.9.
[6] The above provisions shall not be construed to require residential or mixed-use development in a Zoning District other than where it is already permitted.
[7] The above provisions shall only be applicable to those parcels served by a centralized wastewater treatment plant.
E. Phasing schedule for inclusionary zoning.
(1) In inclusionary developments the following schedule shall be followed:
Maximum Percentage of Market- Rate Units Completed | Minimum Percentage of Low- and Moderate-Income Units Completed |
25 | 0 |
25 + 1 | 10 |
50 | 50 |
75 | 75 |
90 | 100 |
F. New construction.
(1) Low/moderate split and bedroom distribution of affordable housing units:
(a) The fair share obligation shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low income unit. At least 13% of all restricted rental units shall be very low income units (affordable to a household earning 30% or less of median income). The very low income units shall be counted as part of the required number of low income units within the development.
(b) At least 25% of the obligation shall be met through rental units, including at least half in rental units available to families.
(c) A maximum of 25% of the town's obligation may be met with age restricted units. At least half of all affordable units in the town's plan shall be available to families.
(d) In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units.
(e) Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:
[1] The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;
[2] At least 30% of all low- and moderate-income units shall be two bedroom units;
[3] At least 20% of all low- and moderate-income units shall be three bedroom units; and
[4] The remaining units may be allocated among two and three bedroom units at the discretion of the developer.
(f) Affordable developments that are age-restricted shall be structured such that the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the inclusionary development. This standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.
(2) Accessibility requirements:
(a) The first floor of all restricted townhouse dwelling units and all restricted units in all other multistory buildings shall be subject to the technical design standards of the Barrier Free Sub Code, N.J.A.C. 5:23-7 and the following:
(b) All restricted townhouse dwelling units and all restricted units in other multistory buildings in which a restricted dwelling unit is attached to at least one other dwelling unit shall have the following features:
[1] An adaptable toilet and bathing facility on the first floor;
[2] An adaptable kitchen on the first floor;
[3] An interior accessible route of travel on the first floor;
[4] 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;
[5] If not all of the foregoing requirements in (b)[1] through (b)[4] can be satisfied, then an interior accessible route of travel must be provided between stories within an individual unit, but if all of the terms of paragraphs (b)[1] through (b)[4] above have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; and
[6] An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a, et seq.) and the Barrier Free Sub Code, N.J.A.C. 5:23-7, or evidence that Hammonton has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:
[a] Where a unit has been constructed with an adaptable entrance, upon the request of a person with disabilities who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.
[b] To this end, the builder of restricted units shall deposit funds within the Town of Hammonton's Affordable Housing Trust Fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.
[c] The funds deposited under paragraph (2)(b)[6][b] above shall be used by the Town of Hammonton for the sole purpose of making the adaptable entrance of an affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
[d] The developer of the restricted units shall submit a design plan and cost estimate to the construction official of the Town of Hammonton for the conversion of adaptable to accessible entrances.
[e] Once the construction official has determined that the design plan to convert the unit entrances from adaptable to accessible meet the requirements of the Barrier Free Sub Code, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Town's Affordable Housing Trust Fund in care of the Town Chief Financial Officer who shall ensure that the funds are deposited into the Affordable Housing Trust Fund and appropriately earmarked.
[f] Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is "site impracticable" to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free Sub Code, N.J.A.C. 5:23-7.
(3) Design:
(a) In inclusionary developments, to the extent possible, low- and moderate-income units shall be integrated with the market units.
(b) In inclusionary developments, low- and moderate-income units shall have access to all of the same common elements and facilities as the market units.
(4) Maximum rents and sales prices:
(a) In establishing rents and sales prices of affordable housing units, the Administrative Agent shall follow the procedures set forth in UHAC, utilizing the regional income limits established by COAH or a successor entity.
(b) The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than 60% of median income, and the average rent for restricted rental units shall be affordable to households earning no more than 52% of median income.
(c) The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units, provided that at least 13% of all low-and moderate-income rental units shall be affordable to very low-income households, earning 30% or less of the regional median household income, with such very low income units counting toward the low income housing requirement.
(d) The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70% of median income, and each affordable development must achieve an affordability average of 55% for restricted ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three different sales prices for each bedroom type, and low-income ownership units must be available for at least two different sales prices for each bedroom type.
(e) In determining the initial sales prices and rent levels for compliance with the affordability average requirements for restricted units other than assisted living facilities and age-restricted developments, the following standards shall be used:
[1] A studio shall be affordable to a one-person household;
[2] A one-bedroom unit shall be affordable to a one and one-half person household;
[3] A two-bedroom unit shall be affordable to a three-person household;
[4] A three-bedroom unit shall be affordable to a four and one-half person household; and
[5] A four-bedroom unit shall be affordable to a six-person household.
(f) In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units in assisted living facilities and age-restricted developments, the following standards shall be used:
[1] A studio shall be affordable to a one-person household;
[2] A one-bedroom unit shall be affordable to a one and one-half person household; and
[3] A two-bedroom unit shall be affordable to a two-person household or to two one-person households.
(g) The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% 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% of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(h) The initial rent for a restricted rental unit shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate size household, including an allowance for tenant paid utilities, as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(i) The price of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price.
(j) The rent of low- and moderate-income units may be increased annually based on the permitted percentage increase in the Housing Consumer Price Index for the United States. This increase shall not exceed nine percent in any one year. Rents for units constructed pursuant to low- income housing tax credit regulations shall be indexed pursuant to the regulations governing low- income housing tax credits.
G. Utilities.
(1) Affordable units shall utilize the same type of heating source as market units within an inclusionary development.
(2) Tenant-paid utilities included in the utility allowance shall be set forth in the lease and shall be consistent with the utility allowance approved by HUD for its Section 8 program.
H. Occupancy standards.
(1) In referring certified households to specific restricted units, the administrative agent shall, to the extent feasible and without causing an undue delay in the occupancy of a unit, strive to:
(a) Provide an occupant for each bedroom;
(b) Provide children of different sexes with separate bedrooms;
(c) Provide separate bedrooms for parents and children; and
(d) Prevent more than two persons from occupying a single bedroom.
I. Control periods for restricted ownership units and enforcement mechanisms.
(1) Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each restricted ownership unit shall remain subject to the requirements of this section for a period of at least 30 years, until Hammonton takes action to release the unit from such requirements; prior to such action, a restricted ownership unit shall remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
(2) The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.
(3) Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the administrative agent shall determine the restricted price for the unit and shall also determine the non-restricted, fair market value of the unit based on either an appraisal or the unit's equalized assessed value without the restrictions in place.
(4) At the time of the initial sale of the unit, the initial purchaser shall execute and deliver to the administrative agent a recapture note obligating the purchaser (as well as the purchaser's heirs, successors and assigns) to repay, upon the first non-exempt sale after the unit's release from the restrictions set forth in this section, an amount equal to the difference between the unit's non-restricted fair market value and its restricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.
(5) The affordability controls set forth in this section shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.
(6) A restricted ownership unit shall be required to obtain a Continuing Certificate of Occupancy or a certified statement from the Construction Official stating that the unit meets all Code standards upon the first transfer of title following the removal of the restrictions provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
J. Price restrictions for restricted ownership units, homeowner association fees and resale prices.
(1) Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:
(a) The initial purchase price for a restricted ownership unit shall be approved by the administrative agent.
(b) The administrative agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.
(c) The master deeds of inclusionary developments shall provide no distinction between the condominium or homeowner association fees and special assessments paid by low- and moderate-income purchasers and those paid by market purchasers.
(d) The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of anticipated capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom.
K. Buyer income eligibility.
(1) Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for households with a gross household income less than 80% of median income.
(2) Notwithstanding the foregoing, however, the administrative agent may, upon approval by the Town Council, and subject to the Court's approval, permit moderate-income purchasers to buy low-income units in housing markets if the administrative agent determines that there is an insufficient number of eligible low-income purchasers to permit prompt occupancy of the units. All such low-income units to be sold to moderate-income households shall retain the required pricing and pricing restrictions for low-income units.
(3) A certified household that purchases a restricted ownership unit must occupy it as the certified household's principal residence and shall not lease the unit; provided, however, that the administrative agent may permit the owner of a restricted ownership unit, upon application and a showing of hardship, to lease the restricted unit to another certified household for a period not to exceed one year.
(4) The administrative agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 33% of the household's eligible monthly income.
L. Limitations on indebtedness secured by ownership unit; subordination.
(1) Prior to incurring any indebtedness to be secured by a restricted ownership unit, the owner shall apply to the administrative agent for a determination in writing that the proposed indebtedness complies with the provisions of this section, and the administrative agent shall issue such determination prior to the owner incurring such indebtedness.
(2) With the exception of First Purchase Money Mortgages, neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of the unit, as such price is determined by the administrative agent in accordance with N.J.A.C.5:80-26.6(b).
M. Capital improvements to ownership units.
(1) The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of capital improvements made since the purchase of the unit. Eligible capital improvements shall be those that render the unit suitable for a larger household or that adds an additional bathroom. In no event shall the maximum sales price of an improved housing unit exceed the limits of affordability for the larger household.
(2) Upon the resale of a restricted ownership unit, all items of property that are permanently affixed to the unit or were included when the unit was initially restricted (for example, refrigerator, range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be included in the maximum allowable resale price. Other items may be sold to the purchaser at a reasonable price that has been approved by the administrative agent at the time of the signing of the agreement to purchase. The purchase of central air conditioning installed subsequent to the initial sale of the unit and not included in the base price may be made a condition of the unit resale provided the price, which shall be subject to 10-year, straight-line depreciation, has been approved by the administrative agent. Unless otherwise approved by the administrative agent, the purchase of any property other than central air conditioning shall not be made a condition of the unit resale. The owner and the purchaser must personally certify at the time of closing that no unapproved transfer of funds for the purpose of selling and receiving property has taken place at the time of or as a condition of resale.
N. Control periods for restricted rental units.
(1) Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and each restricted rental unit shall remain subject to the requirements of this section for a period of at least 30 years, until Hammonton takes action to release the unit from such requirements. Prior to such action, a restricted rental unit shall remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
(2) Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the records office of the County of Atlantic. The deed shall also identify each affordable unit by apartment number and/or address and whether that unit is designated as a very low, low or moderate income unit. Neither the unit nor its affordability designation shall change throughout the term of the deed restriction. A copy of the filed document shall be provided to the administrative agent within 30 days of the receipt of a Certificate of Occupancy.
(3) A restricted rental unit shall remain subject to the affordability controls of this section despite the occurrence of any of the following events:
(a) Sublease or assignment of the lease of the unit;
(b) Sale or other voluntary transfer of the ownership of the unit; or
(c) The entry and enforcement of any judgment of foreclosure on the property containing the unit.
O. Rent restrictions for rental units; leases.
(1) A written lease shall be required for all restricted rental units and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the administrative agent.
(2) No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the administrative .
(3) Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit and shall be payable to the administrative agent to be applied to the costs of administering the controls applicable to the unit as set forth in this section.
(4) No rent control ordinance or other pricing restriction shall be applicable to either the market units or the affordable units in any development in which at least 15% of the total number of dwelling units are restricted rental units in compliance with this section.
P. Tenant income eligibility.
(1) Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined as follows:
(a) Very low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of median income.
(b) Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income.
(c) Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income.
(2) The administrative agent shall certify a household as eligible for a restricted rental unit when the household is a very low-income household, low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
(a) The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;
(b) The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;
(c) The household is currently in substandard or overcrowded living conditions;
(d) The household documents the existence of assets with which the household proposes to supplement the rent payments; or
(e) The household documents reliable anticipated third-party assistance from an outside source such as a family member in a form acceptable to the administrative agent and the owner of the unit.
(3) The applicant shall file documentation sufficient to establish the existence of the circumstances in (1)(a) through (2)(e) above with the administrative agent, who shall counsel the household on budgeting.
Q. Municipal housing liaison.
(1) The Town of Hammonton shall appoint a specific municipal employee to serve as a Municipal Housing Liaison responsible for administering the affordable housing program, including affordability controls, the Affirmative Marketing Plan, monitoring and reporting, and, where applicable, supervising any contracted administrative agent. Hammonton shall adopt an section creating the position of Municipal Housing Liaison. Hammonton shall adopt a Resolution appointing a Municipal Housing Liaison. The Municipal Housing Liaison shall be appointed by the governing body and may be a full or part time municipal employee. The Municipal Housing Liaison shall be approved by the Court and shall be duly qualified through a training program sponsored by Affordable Housing Professionals of New Jersey before assuming the duties of Municipal Housing Liaison.
(2) The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for Hammonton, including the following responsibilities which may not be contracted out to the administrative agent:
(a) Serving as Hammonton's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents and interested households;
(b) Monitoring the status of all restricted units in Hammonton's Fair Share Plan;
(c) Compiling, verifying and submitting annual monitoring reports as may be required by the Court;
(d) Coordinating meetings with affordable housing providers and administrative agents, as needed; and
(e) Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing at least annually and more often as needed.
(3) Subject to the approval of the Court, the Town of Hammonton shall designate one or more administrative agent(s) to administer newly constructed affordable units in accordance with UHAC. An Operating Manual for each affordable housing program shall be provided by the administrative agent(s) to be adopted by resolution of the governing body and subject to approval of the Court. The Operating Manual(s) shall be available for public inspection in the office of the Town Clerk, in the office of the Municipal Housing Liaison, and in the office(s) of the administrative agent(s). The Municipal Housing Liaison shall supervise the contracting administrative agent(s).
R. Administrative agent. The administrative agent shall be an independent entity serving under contract to and reporting to the municipality. For new sale and rental developments, all of the fees of the administrative agent shall be paid by the owners of the affordable units for which the services of the administrative agent are required. For resale's, single family homeowners and condominium homeowners shall be required to pay 3% of the sales price for services provided by the administrative agent related to the resale of their homes. That fee shall be collected at closing and paid directly to the administrative agent. The administrative agent shall perform the duties and responsibilities of an administrative agent as set forth in UHAC, including those set forth in Sections 5:80-26.14,16 and 18 thereof, which include:
(1) Affirmative marketing:
(a) Conducting an outreach process to affirmatively market affordable housing units in accordance with the Affirmative Marketing Plan of the Town of Hammonton and the provisions of N.J.A.C. 5:80-26.15; and
(b) Providing counseling or contracting to provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
(2) Household certification:
(a) Soliciting, scheduling, conducting and following up on interviews with interested households;
(b) Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;
(c) Providing written notification to each applicant as to the determination of eligibility or non-eligibility;
(d) Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendices J and K of N.J.A.C. 5:80-26.1 et seq.;
(e) Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located; and
(f) Employing a random selection process as provided in the Affirmative Marketing Plan of the Town of Hammonton when referring households for certification to affordable units.
(3) Affordability controls:
(a) Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;
(b) Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;
(c) Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the Atlantic County Register of Deeds or County Clerk's office after the termination of the affordability controls for each restricted unit;
(d) Communicating with lenders regarding foreclosures; and
(e) Ensuring the issuance of Continuing Certificates of Occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
(4) Resale's and re-rentals:
(a) Instituting and maintaining an effective means of communicating information between owners and the administrative agent regarding the availability of restricted units for resale or re-rental; and
(b) Instituting and maintaining an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or re-rental.
(5) Processing requests from unit owners:
(a) Reviewing and approving requests for determination from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership that the amount of indebtedness to be incurred will not violate the terms of this section;
(b) Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the depreciated cost of central air conditioning systems;
(c) Notifying the municipality of an owner's intent to sell a restricted unit; and
(d) Making determinations on requests by owners of restricted units for hardship waivers.
(6) Enforcement:
(a) Securing annually from the municipality a list of all affordable housing units for which tax bills are mailed to absentee owners, and notifying all such owners that they must either move back to their unit or sell it;
(b) Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgment of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the administrative agent;
(c) The posting annually in all rental properties, including two-family homes, of a notice as to the maximum permitted rent together with the telephone number of the administrative agent where complaints of excess rent or other charges can be made;
(d) Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;
(e) Establishing a program for diverting unlawful rent payments to the municipality's Affordable Housing Trust Fund; and
(f) Creating and publishing a written operating manual for each affordable housing program administered by the Administrative Agent, to be approved by the Town Council and the Court, setting forth procedures for administering the affordability controls.
(7) Additional responsibilities:
(a) The administrative agent shall have the authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.
(b) The administrative agent shall prepare monitoring reports for submission to the Municipal Housing Liaison in time to meet any monitoring requirements and deadlines imposed by the Court.
(c) The administrative agent shall attend continuing education sessions on affordability controls, compliance monitoring, and affirmative marketing at least annually and more often as needed.
S. Affirmative marketing requirements.
(1) The Town of Hammonton shall adopt by resolution an Affirmative Marketing Plan, subject to approval of the Court that is 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 intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. In addition, as a result of the Settlement Agreement with FSHC, the Affirmative Marketing Plan shall require the notification of the New Jersey State NAACP, Mishap, the NAACP Atlantic City and Cape May Branches, FSHC, and the Latino Action Network of affordable housing opportunities. It is a continuing program that directs marketing activities toward Housing Region 6 and is required to be followed throughout the period of restriction.
(3) The Affirmative Marketing Plan shall provide a regional preference for all households that live and/or work in Housing Region 6, comprised of Atlantic Cape May, Cumberland and Salem Counties.
(4) The municipality has the ultimate responsibility for adopting the Affirmative Marketing Plan and for the proper administration of the Affirmative Marketing Program, including initial sales and rentals and resales and re-rentals. The Administrative Agent designated by the Town of Hammonton shall implement the Affirmative Marketing Plan to assure the affirmative marketing of all affordable units.
(5) 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.
(6) The Affirmative Marketing Plan shall describe the media to be used in advertising and publicizing the availability of housing. In implementing the Affirmative Marketing Plan, the administrative agent shall consider the use of language translations where appropriate.
(7) The affirmative marketing process for available affordable units shall begin at least four months (120 days) prior to the expected date of occupancy.
(8) Applications for affordable housing shall be available in several locations, including, at a minimum, the County Administration Building and/or the County Library for each county within the housing region; the municipal administration building and the municipal library in the municipality in which the units are located; and the developer's rental office. Pre-applications shall be emailed or mailed to prospective applicants upon request.
(9) The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner.
T. Enforcement of affordable housing regulations.
(1) Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, a requirement for household recertification, acceleration of all sums due under a mortgage, recuperation of any funds from a sale in violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.
(2) After providing written notice of a violation to an owner, developer or tenant of a low- or moderate-income unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action(s) against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:
(a) The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation or violations of the regulations governing the affordable housing unit. If the owner, developer or tenant is adjudged by the Court to have violated any provision of the regulations governing affordable housing units the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the Court:
[1] A fine of not more than $500.00 per day or imprisonment for a period not to exceed 90 days, or both, provided that each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not a continuation of the initial offense; In the case of an owner who has rented a low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the City of Linwood Affordable Housing Trust Fund of the gross amount of rent illegally collected;
[2] In the case of an owner who has rented a low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the Court.
(b) The municipality may file a court action in the Superior Court seeking a judgment that would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any such judgment shall be enforceable as if the same were a judgment of default of the First Purchase Money Mortgage and shall constitute a lien against the low- or moderate-income unit.
[1] The judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the low- and moderate-income unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any First Purchase Money Mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have his right to possession terminated as well as his title conveyed pursuant to the Sheriffs sale.
[2] The proceeds of the Sheriffs sale shall first be applied to satisfy the First Purchase Money Mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriffs sale. In the event that the proceeds from the Sheriffs sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for the full extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality.
[3] Foreclosure by the municipality due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriffs sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriffs sale shall not be entitled to any right of redemption.
[4] If there are no bidders at the Sheriffs sale, or if insufficient amounts are bid to satisfy the First Purchase Money Mortgage and any prior liens, the municipality may acquire title to the low- and moderate-income unit by satisfying the First Purchase Money Mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the First Purchase Money Mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.
[5] Failure of the low- and moderate-income unit to be either sold at the Sheriffs sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- and moderate-income unit as permitted by the regulations governing affordable housing units.
[6] The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.
U. Appeals. Appeals from all decisions of an administrative agent appointed pursuant to this section shall be filed in writing with the Court.
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