[Added 12-21-2004 by Ord. No. 04-36]
A. Zoning permit.
(1) Issuing authority for zoning permit. The Zoning Officer shall be the issuing and enforcing authority for zoning permits. Violations and penalties shall be as defined in this chapter. The Zoning Officer may consult with the Township Engineer if deemed necessary to properly administer of the provisions of this chapter.
(2) Zoning permit required. A zoning permit shall be required prior to the commencement of a use on a property or a change in use on a property, or the construction, reconstruction, alteration, relocation, expansion or conversion of a structure or a building. The issuance of such permit by the Zoning Officer shall acknowledge that such use, structure or building complies with the provisions of the Zoning Ordinance or that a variance has been granted by the Pohatcong Township Land Use Board.
(3) Requirements for zoning permit. The applicant shall apply for a zoning permit by providing the following information to the Zoning Officer:
(a) For single-family residential lots:
[1] Completed zoning permit application and filing fees pursuant to Chapter 45, Land Use Procedures, of the Pohatcong Township Code.
[2] Plan containing the following information:
[a] Survey certified by licensed New Jersey land surveyor showing the lot boundary and the location and setback dimensions of existing and proposed structures, including but not limited to buildings, signs, fences, sheds, decks, patios, pools, driveways, parking areas, sidewalks, etc.
[b] Proposed use of all buildings and structures.
[c] Details and dimensions of proposed buildings and structures, including plan and elevation views.
[d] Documentation that the lot has sufficient usable yard area as required in § 285-26H of the Pohatcong Township Code.
[e] Location of existing and proposed utility connections, including sanitary sewer, water, electric, telephone, well, septic system, as applicable
[f] Existing and proposed grading in accordance with the provisions of § 285-26N of the Pohatcong Township Code.
[3] Copies of the following permits, as applicable:
[a] New Jersey State well permit pursuant to N.J.A.C. 7:9D.
[b] Water service permit from the water purveyor.
[c] Permit to construct/alter/repair an individual subsurface sewage disposal system pursuant to N.J.A.C. 7:9A.
[d] Sewer allocation permit pursuant to Chapter 220, Sewers, of the Pohatcong Township Code.
[e] Sewer connection permit pursuant to Chapter 220, Sewers, of the Pohatcong Township Code.
[f] Street opening permit pursuant to Chapter 241, Street Openings, of the Pohatcong Township Code.
[g] Driveway permit pursuant to Chapter 130, Driveways, of the Pohatcong Township Code.
[h] Flood damage prevention permit pursuant to Chapter 146, Flood Damage Prevention, of the Pohatcong Township Code.
[i] Land disturbance permit pursuant to § 245-14 of the Pohatcong Township Code for lots which are part of a minor or major subdivision.
[j] Any other permits required by other agencies.
[4] Resolution documenting that the lot, the proposed use, proposed buildings, structures, signs, fences, etc., as applicable, have been approved by the Township Land Use Board if variances from the provisions of the Zoning Ordinance are required
(b) For minor and major site plans.
[1] Completed zoning permit application and filing fees pursuant to Chapter 45, Land Use Procedures, of the Pohatcong Township Code.
[2] Copy of approved site plan.
[3] Land disturbance permit pursuant to § 245-14 of the Pohatcong Township Code.
(4) Duration of zoning permit. A zoning permit shall be valid for a period of one year from date of issuance and shall automatically expire unless the activity for which the permit was issued shall have been actually commenced within such period and shall have been diligently pursued.
B. Building permits.
(1) Issuing authority for building permits. The Construction Code Official shall be the issuing and enforcing authority for building permits in accordance with the New Jersey Uniform Construction Code. Violations and penalties shall be as defined in the New Jersey Uniform Construction Code and as defined in this chapter.
(2) Building permit required. A building permit shall be required to construct, enlarge, repair, renovate, alter, reconstruct or demolish a structure, or change the use of a building or structure or portion thereof, or to install or alter any equipment for which provision is made or the installation of which is regulated by the New Jersey Uniform Construction Code at N.J.A.C. 5:23. Such application shall be submitted to the Construction Code Official in accordance with the requirements in N.J.A.C. 5:23. The issuance of a building permit by the Construction Code Official shall acknowledge that the activity for which application has been made complies with the provisions of the New Jersey Uniform Construction Code.
(3) Additional information required for building permit. No building permit shall be issued by the Construction Code Official unless the applicant has provided, in addition to the information required pursuant to the New Jersey Uniform Construction Code, a copy of a zoning permit issued by the Zoning Officer pursuant to the requirements of this chapter.
(4) Duration of building permit. The duration of a building permit shall be in accordance with the New Jersey Uniform Construction Code.
(1) Issuing authority for certificate of occupancy. The Construction Code Official shall be the issuing and enforcing authority for certificates of occupancy. Violations and penalties shall be as defined in the New Jersey Uniform Construction Code and as defined in this chapter.
(2) Certificate of occupancy required. No building or structure shall be used or occupied or any change in use of a building or structure permitted unless a certificate of occupancy has been issued by the Construction Code Official pursuant to the New Jersey Uniform Construction Code at N.J.A.C. 5:23. The application for a certificate of occupancy shall be submitted to the Construction Code Official in accordance with the requirements of the New Jersey Uniform Construction Code.
(3) Additional information required for certificate of occupancy. No certificate of occupancy shall be issued by the Construction Code Official unless the Construction Code Official has determined that the applicant has satisfied all applicable requirements of the New Jersey Uniform Construction Code and that he has received written approval from the Zoning Officer documenting that the applicant has complied with all conditions of the zoning permit issued pursuant to the requirements of this chapter. In order to document compliance with the zoning permit, the applicant shall be required to submit the following information to the Zoning Officer.
(a) For single-family residential lots:
[1] An as-built survey certified by a licensed New Jersey land surveyor sufficient to show that the location, size, height, etc., of all improvements comply with the zoning permit which was issued pursuant to the requirements of this chapter.
[2] Evidence of the satisfactory completion of all improvements required in connection with the zoning permit which was issued for the project pursuant to this chapter, including but not limited to Warren County Health Department approval of the water supply, Warren County Health Department approval to operate a septic system and approval by the issuing authority of any street opening, sanitary sewer connection, driveway construction or any required floodproofing measures.
[3] Evidence of compliance with all conditions of approval of a memorializing resolution adopted by the Pohatcong Land Use Board for any lot which was the subject of a land development or variance application before the Land Use Board
(b) For single-family residential lots which are part of a major subdivision and for minor and major site plans:
[1] All information as required for single-family residential lots.
[2] Written documentation from the Township Engineer of the satisfactory completion of all improvements as required in § 245-15C of the Pohatcong Township Code, including any nonessential improvements.
[3] Written documentation from the Township Engineer that he has received and has approved as-built plans for improvements as required in § 245-15D of the Pohatcong Township Code.
[4] Copy of a resolution of the governing body accepting improvements which have been offered for dedication to the Township and a copy of a resolution approving deeds of dedication for the underlying lands as required in § 245-15E of the Pohatcong Township Code.
[5] A suitable maintenance guarantee which has been approved by the governing body covering any improvements which are to be owned by the Township.
(4) Temporary certificate of occupancy. If requested by the applicant, the Construction Code Official may issue a temporary certificate of occupancy if the application complies with the applicable provisions of the New Jersey Uniform Construction Code and, in the case of single-family residential lots which are part of a major subdivision and in the case of a minor or major site plan, if confirmation is received from the Township Engineer of the following:
(a) The satisfactory completion of all improvements, except those considered to be nonessential. Nonessential improvements are the pavement surface course, sidewalks, monuments and landscaping.
(b) The posting of a suitable performance guarantee which has been approved by the governing body covering the cost of all improvements which have not been completed.
(c) The applicant and prospective owner of the lot in question have entered into an agreement with the Township, acceptable to the governing body, to hold the Township, its officials and professionals harmless for any accident, injury or other occurrences of liability which may occur as a result of occupancy prior to the completion of all improvements.
**Webmasters Note: The previous section has been added and the following section renumbered as per Ordinance No. 04-36.
[Amended 12-21-2004 by Ord. No. 04-36]
Enforcement and administration shall be as provided in Chapter 4, Administration of Government, of the Pohatcong Township Code.
A. DEFINITIONS - In general, as utilized in this Ordinance, all words and terms shall have the same meaning as defined in N.J.A.C. 5:94-1.4, unless the context clearly indicates otherwise.
AFFORDABLE UNIT shall mean a house, apartment, room or group of rooms occupied or intended to be occupied by a household living independently of other households with the sales price or rent for that unit within the means of a low or moderate income household as defined in N.J.A.C. 5:94-7.
COAH shall mean the New Jersey Council on Affordable Housing.
COAH'S RULES shall refer to the Substantive Rules adopted by the New Jersey Council on Affordable Housing (COAH), as set forth at N.J.A.C. 5:94-1, et seq.
DEVELOPER shall mean any person, partnership, association, company or corporation hat is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land.
B. UNIFORM GROWTH-BASED AFFORDABLE HOUSING PRODUCTION.
(1) Residential development requirements.
(a) All residential development located within the Preservation Area as defined and described in the Highlands Water Protection and d Planning Act, in all zoning districts or portions thereof so designated, proposing eight (8) or more market-rate residential units, shall be required to produce affordable housing at the ratio of one affordable unit for every eight (8) new market-rate units proposed through on-tract construction, through the creation of affordable units off-tract but within Pohatcong Township, or through a payment in lieu of construction.
(b) All residential development located within the Planning Area as defined in the Highlands Water Protection and Planning Act, in all zoning districts or portions thereof so designated, proposing five (5) or more market-rate residential units, shall be required to produce affordable housing at the ratio of one affordable unit for every five (5) new market-rate units proposed through on-tract construction, through the creation of affordable units off-tract but within Pohatcong Township, or through a payment in lieu of construction.
C. PAYMENTS IN LIEU OF CONSTRUCTION.
(1) Consent of the Township
The ability to address the provision of affordable housing r undated as the result of Section B. above through a payment in lieu of construction shall be contingent upon the consent and approval of the Pohatcong Township Council, which said Consent shall be a condition of the approval of an Affordable Housing Production Plan by the Land Use Board when any such Plan contemplates a payment in lieu of construction.
(2) Calculation of Payment
Payments in lieu of the construction of affordable housing hall be based upon a proportionate share of the total project cost embodied in one or more pro-formas for the construction of an affordable housing development elsewhere within Pohatcong Township, which pro forma(s) shall be on file in the office of the Township Clerk. The actual payment in lieu of construction may be negotiated with the Township considering the actual land cost of the site(s) identified for affordable housing construction elsewhere within Pohatcong Township or the substitution of land, site preparation and/or construction se vices for all or a portion of the monetary payment otherwise required.
(3) Fractional Units
Regardless of the mechanism utilized for satisfying the required number of affordable units, any portion of a development that generates a fractional affordable unit based upon the formula set forth in paragraph B above shall be required to make a payment in lieu of construction for the fractional unit based on the pro-rated cost of constructing an affordable unit in Pohatcong Township in accordance with paragraph C(1) above.
D. CONSTRUCTION OF AFFORDABLE HOUSING ON TRACT.
(1) Affordable units constructed on tract within a residential development:
(a) Affordable units may be provided in the form of single-family detached dwellings, semi-detached single-family dwellings, duplexes, triplexes, quadplexes, townhouse or apartments providing for independent household living, designed to resemble as nearly as possible the nature and lay-out of the market-rate unit portion of the development. Affordable units shall be deemed to be permitted uses in the underlying zone when created for the purpose of meeting the growth share obligations of this Ordinance. Bulk standards for affordable units in each zone within the Township shall be established and incorporated into the AH Affordable Housing and Development Performance Regulations, Attachment 13, incorporated as a Schedule to the Township's Zoning Ordinances.
(b) No density bonus shall be granted for the construction of affordable units on-tract. The total number of dwelling units on-tract including market rate and affordable units shall not exceed the gross density permitted by the underlying zoning.
(c) All affordable units shall comply with COAH's Rules pertaining to the phasing, integration, low/moderate income split, controls on affordability, bedroom distribution, affirmative marketing, heating source and administration of the affordable units, as set forth in N.J.A.C. 5:94-4.4 and a elsewhere in COAH's Rules (N.J.A.C. 5:94-1, et seq.).
E. CREATION OF AFFORDABLE UNITS OFF-TRACT ELSEWHERE WITHIN POHATCONG TOWNSHIP.
(1) Mechanisms permitted.
(a) The Land Use Board may permit the creation of affordable units off-tract but elsewhere within Pohatcong Township utilizing any mechanism available under COAH's Rules, including, but not limited to, the purchase and conversion of an existing market-rate unit to an affordable price-restricted unit, participation in gut rehabilitation, and buy-down/write-down, buy-down rent-down programs that may be implemented by the Township.
(b) Within all zones in Pohatcong Township, the reconstruction and conversion of any existing building into a building exclusively containing affordable units in accordance with this Ordinance and COAH's Rules shall be permitted as of right, subject to site plan review and approval by the Land Use Board and subject to meeting all bulk requirements of the underlying Ordinance unless the subject of the grant of variance relief
(c) No affordable unit created pursuant to this Subsection shall be smaller than 550 square feet; each individual affordable unit shall meet all applicable requirements of the Uniform Construction Code and shall be so certified by the Construction Official prior to its approval as an affordable unit; all improvements needed to meet Uniform Construction Code requirements shall be the responsibility of the developer who shall bear the costs of all inspections and tests required to certify that the dwelling meets Code requirements is and COAH's rules; and each unit shall be affirmatively marketed as a separate affordable unit.
(d) All affordable units shall comply with COAH's Rules pertaining to phasing (with the market units being constructed elsewhere by the same developer), low/moderate income split, controls on affordability, bedroom distribution, affirmative marketing, heating source and administration of the affordable units, as set forth in N.J.A.C. 5:94-4.4 and elsewhere in COAH's Rules (N.J.A.C. 5:94-1, et seq.).
F. ADDITIONAL REQUIREMENTS APPLICABLE TO ALL AFFORDABLE HOUSING PRODUCTION.
(1) Limits on types of affordable units.
(a) The use of any particular type of affordable unit, such as age-restricted housing, may be limited as a proportion of the total affordable units required to be produced by a particular residential development to the proportion permitted for the Township in general with respect to its overall growth share obligation pursuant to COAH's Rules.
(b) The Township may require all or a portion of newly constructed or reconstructed and converted affordable units to be rental units.
(c) The Land Use Board shall have the jurisdiction to consider the grant of a waiver from the requirements of paragraphs (a) and (b) above when the Board finds that granting such a waiver would be more appropriate to the context of the market-rate development of which the affordable units are in part, or more suited to the location and nature of the affordable unit(s) being created. The Board shall insure that the grant of any such waiver request results in the production of affordable units in compliance with the overall growth share obligation of the Township pursuant to COAH's rules, taking into account the types of units and proportional number of such units that can be credited to the Township in satisfaction of its grown share obligation.
(d) A proposed Affordable Housing Production Plan shall be submitted to the Land Use Board at the time application is made for any development requiring the production of affordable units pursuant to this Ordinance. The Plan shall be added to the existing land use application checklist and the provision of the Plan, when required, shall be a condition of completeness. All Affordable Housing Production Plans shall be the subject of review by the Land Use Board's Planner for consistency with COAH's Rules and with the Township's 's certified third round Housing Element and Fair Share Plan. Compliance with all of the terms of COAH's Rules and with the approved Affordable Housing Production Plan shall be a condition of development plan approval and may be covered by appropriate performance and maintenance guarantees as with any other required improvement.
(e) Where an odd number of low and moderate income affordable units are required to be provided, the majority of the units shall be low income units. Where there are an insufficient number of affordable units provided to meet the bedroom distribution requirements of COAH's Rules, the first unit shall be a two bedroom unit, the second unit shall be a three bedroom unit and the third unit shall be a one-bedroom unit. Otherwise, the bedroom distribution shall be in strict accordance with COAH's Rules. It shall be the developer's responsibility, at its sole cost and expense, to contract with a COAH approved and Township designated experienced entity for the initial and ongoing administration of the controls on affordability so as to ensure full COAH compliance. The designated administrative entity shall, by February 1st of each year, and as needed throughout the year, file with the Township Clerk of the Township of Pohatcong such certifications, reports and/or monitoring forms as maybe required by COAH to verify the continuing compliance of each affordable unit with COAH's Rules.
(f) This Ordinance shall apply to all residential development that receives a preliminary land use approval after the effective date of this Ordinance, with the exception that inclusionary residential developments constructed acted in the Township's AH, Affordable Housing Development Zone shall be exempt from the requirements of this Ordinance with respect to all affordable housing units and market-rate units at the rate of 4 times the number of affordable units produced. Market units above this ratio within the AH zone shall be subject to the terms of this Ordinance.
(g) Residential developments that are subject to this Ordinance shall be exempt from the payment of development fees pursuant to he Township's Development Fee Ordinance.
G. SEVERABILITY.
If any paragraph, section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any Court or administrative agency of competent jurisdiction, such portion shah be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining paragraphs or sections hereof.
H. REPEALLER.
All ordinances or parts of ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency.
**Webmasters Note: The previous section has been added as per Ordinance No. 05-12.
