The Township of East Brunswick was established in 1860. Since January 1, 1965, the

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& 132-61

LAND USE PROCEDURES

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A land use plan element

Taking into account and stating its relationship to the statement provided for in

subsection A. hereof and other Master Plan elements provided for in subsections

C. through L. hereof and natural conditions, including but not necessarily limited

to topography, soil conditions, water supply, drainage, flood plain areas,

marshes and woodlands;

2.

Showing the existing and proposed location, extent and intensity of development

of land to be used in the future for varying types of residential, commercial,

industrial, agricultural, recreational, educational and other public and private

purposes or combination of purposes; and stating the relationship thereof to the

existing and any proposed zone plan and zoning ordinance;

Showing the existing and proposed location of any airports and the boundaries

of any airport hazard areas delineated pursuant to the Air Safety and hazardous

Zoning Act of 1983," P.L. 1983, c. 260 (C. 6:1-80 et seq); and

Including a statement of the standards of population density and development

intensity recommended for the municipality.

A housing plan element, pursuant to Section 10 P.L. 1985, C. 222 (C. 52:27D-

310),including but not limited to residential standards and proposals for the

construction and improvement of housing.

A circulation plan element showing the location and types of facilities for all modes

of transportation required for the efficient movement of people and goods into, about

and through the municipality, taking into account the functional highway classification

system of the Federal Highway Administration and types, locations, conditions and

availability of existing and proposed transportation facilities, including air, water, road

and rail.

A utility service plan element analyzing the need for and showing the future general

location of water supply and distribution facilities, drainage and flood control facilities,

sewage and waste treatment, solid waste disposal and provision for other related

utilities and including any storm water management plan required pursuant to the

provisions of P.L. 1981 c. 32 (c.40:55D-93 et seq).

A community facilities plan element showing the location and type of educational or

cultural facilities, historic sites, libraries, hospitals, firehouses, police stations and

other related facilities, including their relation to the surrounding areas.

A recreation plan element showing a comprehensive system of areas and public sites

for recreation.

A conservation plan element providing for the preservation, conservation and

utilization of natural resources including, to the extent appropriate, open space,

water, forests, soil, marshes, wetlands, harbors, rivers and other waters, fisheries,

wildlife and other natural resources.

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EAST BRUNSWICK CODE

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An economic plan element considering all aspects of economic development and

sustained economic vitality, including

A comparison of the types of employment expected to be provided by the

economic development to be promoted with the characteristics of the labor

pool resident in the municipality and nearby areas and

An analysis of the stability and diversity of the economic development to be

promoted.

An historic preservation plan element

indicating the location, significance, proposed utilization and means for

preservation of historic sites and historic districts; and

identifying the standards used to assess worthiness for historic site or district

designation.

Appendixes or separate reports containing the technical foundation for the Master

Plan and its constituent elements.

A recycling plan element which incorporates the State Recycling Plan goals,

including provisions for the collection, disposition and recycling of recyclable

materials designated in the municipal recycling ordinance, and for the collection,

disposition and recycling of recyclable materials within any development proposal for

the construction of 50 or more units of single family residential housing or 25 or more

units of multi-family residential housing and any commercial or industrial

development proposed for the utilization of 1,000 square feet or more of land.

& 132-62.

Subplans.

The Master Plan and its plan elements may be divided into subplans and subplan elements

projected according to periods of time or staging sequences.

& 132-63.

Relationship to Contiguous Municipalities.

The Master Plan shall include a specific policy statement indicating the relationship of the

proposed development of the municipality as developed in the Master Plan to

The master plans of contiguous municipalities;

The master plan of the county in which the municipality is located; and

The State Development and Redevelopment Plan adopted pursuant to the "State

Planning Act" P.L. 1985, c. 398, (c.52:18A-196 et al); and

The district solid waste management plan required pursuant to the provisions of the

"Solid W aste Management Act", P.L. 1970, c. 39 (c.13:1E-1 et seq) of the County in

which the municipality is located.

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LAND USE PROCEDURES

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& 132-64.

Notice Concerning Master Plan.

The planning board shall give:

Public notice of a hearing on adoption, revision or amendment of the master plan;

such notice shall be given by publication in the official newspaper of the municipality,

if there be one, or in a newspaper of general circulation in the municipality at least

10 days prior to the date of the hearing;

Notice by personal service or certified mail to the clerk of an adjoining municipality

of all hearings on adoption, revision or amendment of a master plan involving

property situated within 200 feet of such adjoining municipality at least 10 days prior

to the date of any such hearing;

Notice by personal service or certified mail to the county planning board of

all hearings on adoption, revision or amendment of the municipal master plan at

least 10 days prior to the date of the hearing; such notice shall include a copy of

any such proposed master plan, or any revision or amendment thereto; and

2.

the adoption, revision or amendment of the master plan not more than 30 days

after the date of such adoption, revision or amendment; such notice shall include

a copy of the master plan or revision or amendment thereto.

ARTICLE VII

Capital Improvement Program and Project Review

& 132-65.

Preparation.

The Planning Board shall prepare a program of municipal capital improvements, which shall

be prepared within one (1) year of enactment of this chapter and which shall be projected over a term

of at least six (6) years, and amendments thereto. Such program may encompass major projects

being currently undertaken or future projects to be undertaken with federal, state, county and other

public funds or under federal, state or county supervision. The first year of such program shall, upon

adoption by the Township Council, constitute the capital budget of the township as required by

N.J.R.S. 40A:4-43 et seq. The program shall classify projects in regard to the urgency and need for

realization and shall recommend a time sequence for their implementation. The program may also

contain the estimated cost of each project and indicate probable revenues, if any, as well as existing

sources of funds or the need for additional sources of funds for the implementation and operation of

each project. The program shall, as far as possible, be based on existing information in the

possession of the departments, divisions and agencies of the township and shall take into account

public facility needs indicated by the prospective development shown in the Master Plan of the

Township of East Brunswick or as permitted by other municipal land use controls.

In preparing the program, the Planning Board shall confer, in a manner deemed

appropriate by the Board, with the Mayor, the chief fiscal officer, other m unicipal

officials and agencies and the School Board or boards. Any such program shall

include an estimate of the displacement of persons and establishments caused by

each recommended project.

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In addition to any of the requirements above, whenever the Planning Board is

authorized and directed to prepare a capital improvements program, every municipal

department, division, authority or agency shall, upon request of the Planning Board,

transmit to said Board a statement of all capital projects proposed to be undertaken

by such municipal department, division, authority or agency during the term of the

program, for study, advice and recommendation by the Planning Board.

& 132-66.

Adoption of Capital Improvement Program.

W henever the Planning Board has prepared a capital improvement program pursuant to

Section 20 (C.40:55D-29), it shall recommend such program to the Township Council, which may

adopt such program with any m odification approved by affirmative vote of a majority of the full

authorized membership of the Township Council and with the reasons for said modification recorded

in the minutes.

& 132-67.

Review of Capital Projects.

W henever the Planning Board shall have adopted any portion of the Master Plan, the

Township Council or other public agency having jurisdiction over the subject matter, before taking

action necessitating expenditure of any public funds incidental to the location, character or extent of

such project, shall refer the action involving such specific project to the Planning Board for review and

recommendation in conjunction with such Master Plan and shall not act thereon without such

recommendation or until forty-five (45) days have elapsed after such reference without receiving such

recommendation from the Planning Board. This requirement will apply to action by a housing, parking,

highway, special district or other authority, redevelopment agency, school board or other similar public

agency, state, county or municipal.

& 132-68.

Notice Concerning Capital Improvement Program.

Notice by personal service or certified mail shall be made to the county planning board of the

adoption, revision or amendment of the municipal capital improvement program not more than 30

days after the date of such adoption, revision or amendment. Any notice provided hereunder shall

include a copy of the municipal capital improvement program, or any proposed revision or amendment

thereto as the case may be.

Notice of hearings to be held pursuant to this section shall state the date, time and place of the

hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this

section shall be deemed complete upon mailing.

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LAND USE PROCEDURES

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ARTICLE VIII

Affordable Housing Ordinance

4

[Amended 9-14-09 by Ord. No. 09-18]

& 132-69.

Affordable Housing Obligation

This Ordinance is intended to assure that low- and moderate-income units ("affordable

units") are created with controls on affordability over time and that low- and moderate-

income households shall occupy these units. This Ordinance shall apply except where

inconsistent with applicable law.

The Township of East Brunswick Planning Board has adopted a Housing Element and

Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1, et seq.

The Fair Share Plan has been endorsed by the governing body. The Fair Share Plan

describes the ways the Township of East Brunswick shall address its fair share for low-

and moderate-income housing as determined by the Council on Affordable Housing

(COAH) and documented in the Housing Element.

C. This Ordinance implements and incorporates the Fair Share Plan and addresses the

requirements of N.J.A.C. 5:97, as may be amended and supplemented.

D. The Township of East Brunswick shall file monitoring reports with COAH in accordance

with N.J.A.C. 5:96, tracking the status of the implementation of the Housing Element and

Fair Share Plan. Any plan evaluation report of the Housing Element and Fair Share Plan

and monitoring prepared by COAH in accordance with N.J.A.C. 5:96 shall be available

to the public at the Township of East Brunswick Municipal Building, Municipal Clerk’s

Office, 1 Civic Center Drive, New Jersey, 08816 or from COAH at 101 South Broad

Street, Trenton, New Jersey and on COAH’s website,

www.nj.gov/dca/affiliates/coah

.

& 132-70.

Definitions

The following terms when used in Article VIII of this Ordinance 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 Subcode, N.J.A.C. 5:23-7.

Adm inistrative agent - the entity responsible for the administration of affordable units in

accordance with this ordinance, N.J.A.C. 5:96, N.J.A.C. 5:97 and N.J.A.C. 5:80-26.1 et seq.

Affirm ative 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 restricted units

in an affordable housing development are affordable to low- and moderate-income

households.

Editor’s Note: Article VIII, originally known as “Affordable Housing” , then changed to Fair Share

Ordinance on 6-14-99 by Ord. No. 99-22, was amended in its entirety 9-14-09 by Ord. No. 09-18.

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Affordable - a sales price or rent within the means of a low- or moderate-income household

as defined in N.J.A.C. 5:97-9; 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 developm ent- a housing development all or a portion of which consists of

restricted units.

Affordable housing developm ent- a development included in the Housing Element and Fair

Share Plan, and includes, but is not limited to, an inclusionary development, a municipal

construction project or a 100 percent affordable development.

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, credited pursuant

to N.J.A.C. 5:97-4, 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 where the unit is situated are 62 years or older; or 2) at least 80 percent of the

units are occupied by one person that is 55 years 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.

Assisted living residence - a facility licensed by the New Jersey Department of Health and

Senior Services to provide apartment-style housing and congregate dining and to assure that

assisted living services are available when needed for four or more adult persons unrelated

to the proprietor and that offers units containing, at a minimum, one unfurnished room, a

private bathroom, a kitchenette and a lockable door on the unit entrance.

Certified household - a household that has been certified by an Administrative Agent as a

low-income household or moderate-income household.

COAH - the Council on Affordable Housing, which is in, but not of, the Department of

Community Affairs of the State of New Jersey, that was established under the New Jersey

Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).

DCA - the State of New Jersey Department of Community Affairs.

Deficient housing unit - a housing unit with health and safety code violations that require

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.

Developer - any person, partnership, association, company or corporation that 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.

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LAND USE PROCEDURES

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Developm ent - 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 developm ent - a development containing both affordable units and market rate

units. This term includes, but is not necessarily limited to: new construction, the conversion

of a non-residential structure to residential and the creation of new affordable units through

the reconstruction of a vacant residential structure.

Low-incom e household - a household with a total gross annual household income equal

to 50 percent or less of the median household income.

Low-incom e 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 or 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 incom e - the median income by household size for the applicable county, as adopted

annually by COAH.

Moderate-incom e household - a household with a total gross annual household income in

excess of 50 percent but less than 80 percent of the median household income.

Moderate-incom e unit - a restricted unit that is affordable to a moderate-income household.

Non-exem pt 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 percent of the regional m edian as defined by

COAH’s adopted Regional Income Limits published annually by COAH.

Rehabilitation - the repair, renovation, alteration or reconstruction of any building or

structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.

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