Egg Harbor Township Committee Meeting Municipal Building, 3515 Bargaintown Road Egg Harbor Township, NJ 08234

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1 Egg Harbor Township Committee Meeting Municipal Building, 3515 Bargaintown Road Egg Harbor Township, NJ Wednesday, March 21, :00 p.m. AGENDA I. Call to Order II. Opening Statement Pursuant to the Open Public Meetings Act III. Roll Call: Joe Cafero Frank Finnerty Paul Hodson Laura Pfrommer James J. McCullough IV. Closed Session Number Title 141 Authorizing the Township Committee to convene into a Closed Executive Session to discuss matters which may involve personnel and/or legal matters Motion Motion to approve Resolution 141 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough V. Meeting with Township Engineer Mott VI. New Business A. Resolution opposing internet gambling at race tracks B. Utilization of cloth type bag in lieu of plastic C. Local Government Energy Audits D. COAH Ordinance VII. VIII. IX. Other Business Video Broadcast/Television Statement Pledge of Allegiance X. National Anthem Performed by the Fernwood Middle School Select Choir XI. Roll Call: Joe Cafero Frank Finnerty Paul Hodson Laura Pfrommer James J. McCullough Page 1 5

2 XII. Presentation Proclamation observing the month of March as Music in our Schools Month in the Township of Egg Harbor A Selected Melody will be performed XIII. Resolutions Police Number Title 142 Resolution appointing Joseph Ricevuto, Cody Ng and Viviana Lara as Police Officers Motion Motion to adopt Resolution 142 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough Oath of Office Number Title 143 Resolution authorizing promotion of Ernest Dunson, Jody London, Thomas Rocco and Lawrence Graham to be promoted to Police Sergeant Motion Motion to adopt Resolution 143 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough Oath of Office Number Title 144 Resolution authorizing promotion of Stephen Slusarski, Gary Rzemyk, Heath Per, and Michael Finnerty to the position of Police Lieutenant Motion Motion to adopt Resolution 144 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough Oath of Office XIV. Ordinances Public Hearing Number Title 3 A Local Improvement-Special Assessment Bond Ordinance providing for the dredging of Block 9405 Lot 17 and all related appurtenances, in and by the Township of Egg Harbor, in the County of Atlantic, New Jersey, appropriating $922,000 therefor and authorizing the issuance of $710,000 assessment bonds or bond anticipation notes to finance part of the cost thereof Purpose The purpose of the ordinance is to provide for a Special Assessment Bond Ordinance for the dredging of a lagoon that specifically benefits the adjacent property owners. Public Comment Motion Motion to close the public portion of Ordinance 3 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough Motion Motion to adopt Ordinance 3 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough Page 2 5

3 Number Title 4 An ordinance to amend Chapter 213 of the Township Code entitled Vehicles and Traffic to establish speed limit on Cates Road, as amended Purpose The purpose of this ordinance is to set the speed limit on Cates Road from Atlas Avenue to West Jersey Avenue at 25 mph. Public Comment Motion Motion to close the public portion of Ordinance 4 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough Motion Motion to adopt Ordinance 4 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough Number Title 5 An ordinance to amend Chapter 195 of the Township Code entitled Streets and Sidewalks Purpose The purpose of this ordinance is to establish a police construction detail overtime rate. Public Comment Motion Motion to close the public portion of Ordinance 5 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough Motion Motion to adopt Ordinance 5 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough XV. Ordinances Introduction Number Title 12 An ordinance to amend Chapter 225 of the Code of the Township of Egg Harbor, entitled Zoning to provide for Affordable Housing needs within the RG-4 and RG-5 Residential Districts, as amended Purpose The purpose of this ordinance is to establish affordable housing requirements for the RG-4 and RG-5 Residential Zoning Districts. A public hearing on Ordinance No. 12 of 2018 will be held on Wednesday, April 18, 2018 Motion Motion to introduce Ordinance 12 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough Number Title 13 An ordinance to amend Chapter 165 of the Township Code entitled Parks and Recreation Areas Purpose The purpose of this ordinance is to only allow the parking of vehicles in any park and/or recreation area during the hours they are open to the public. A public hearing on Ordinance No. 13 of 2018 will be held on Wednesday, April 18, 2018 Motion Motion to introduce Ordinance 13 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough Ordinances are available to any member of the general public on our website, Page 3 5

4 XVI. General Public Discussion Motion Vote: To close the public portion of meeting XVII. Engineer s Report XVIII. Resolutions (Consent Calendar) Number Title 145 Resolution authorizing execution of Collective Bargaining Agreement with Communications Workers of America Local 1032, AFL-CIO (CWA) 146 Resolution encouraging the use of reusable cloth type shopping bags or biodegradable bags as opposed to single use plastic bags 147 Resolution calling for defeat of an assembly bill proposing internet gambling at New Jersey state race tracks 148 Resolution rescinding Resolution 138 of 2018 entitled Resolution reappointing funds form one category to another within the same ordinance 149 Resolution re-appropriating funds from on category to another within the same ordinance 150 Resolution approving the submittal of a grant application and authorizing the execution of a grant contract with the New Jersey Department of Transportation for the 2017 Highway Safety Grant 151 Resolution authorizing the Township participation in the National Joint Powers Alliance National Cooperative Purchasing Program (MJPA) for contract CEC Construction & Agricultural Equipment with Penn Jersey Machinery, LLC for a P185WD0 Compressor 152 Resolution approving Charitable Roadway Solicitation application for Bargaintown Volunteer Fire Company #2 (Zion and Ocean Hts) 153 Resolution approving Charitable Roadway Solicitation application for Cardiff Volunteer Fire Company (English Creek) 154 Resolution approving Charitable Roadway Solicitation application for Egg Harbor Township High School Baseball Booster Club (Zion and Ocean Hts) 155 Resolution approving Charitable Roadway Solicitation application for Law Enforcement United, Inc. NJ Division (Fire and Mill) 156 Resolution approving Charitable Roadway Solicitation application for Egg Harbor Township Law Enforcement Explorer Post 94 (Zion and Ocean Hts) 157 Resolution appointing Thomas Baum to the Great Egg Harbor National Scenic and Recreational River Council 158 Resolution appointing Edward Bertino to the Municipal Alliance Board 159 Resolution appointing Michael Bibb to the Veterans Advisory Board 160 Resolution appointing Kimberlyn Howey to serve the Department of Police as a Part-time Communications Officer 161 Resolution appointing individual as a volunteer to serve the Department of Parks and Recreation (Harte) 162 Resolution authorizing increase of salary for Recreation Employees (Janansky, Kelly, Papaycik, Schafer) Page 4 5

5 163 Resolution authorizing salary increase for Dena Danz and Janice Hughes (Recreation and Township Clerk) 164 Resolution correcting Resolution No. 77 of 2018 for Thomas Becker, Class II Police Officer 165 Resolution granting military leave to David Heritage (Police) Motion Motion to approve Consent Calendar Resolutions 145 through 165 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough XIX. Resolution (Bill List) Number Title 166 Authorizing payment of all bills pursuant to Exhibit A Motion Motion to adopt Resolution 166 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough XX. Reports Township Committee: Administrator: XXI. Approvals Motion Motion to approve the meeting minutes from the March 7, 2018 Special Township Committee Meeting Vote Motion Motion to approve the closed session meeting minutes from the March 7, 2018, Special Township Committee Meeting, pursuant to Resolution 121 of 2018 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough Motion Motion to approve the closed session meeting minutes from the March 7, 2018, Township Committee Meeting, pursuant to Resolution 122 of 2018 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough Motion Vote Motion to approve departmental reports for the month of February 2018 XXII. Adjournment Motion Vote Motion to adjourn the meeting Page 5 5

6 Egg Harbor Township Ordinance No A Local Improvement-Special Assessment Bond Ordinance providing for the dredging of Block 9405 Lot 17 and all related appurtenances, in and by the Township of Egg Harbor, in the County of Atlantic, New Jersey, appropriating $922,000 therefor and authorizing the issuance of $710,000 assessment bonds or bond anticipation notes to finance part of the cost thereof. BE IT ORDAINED, by the Township Committee of the Township of Egg Harbor, County of Atlantic and State of New Jersey (not less than two-thirds of all members thereof affirmatively concurring) as follows: SECTION 1: Appropriation for Project Down Payment. The improvements described in Section 3 (a) of this bond ordinance are hereby authorized to be undertaken by the Township of Egg Harbor, Atlantic County, New Jersey as local improvements. For the improvements or purposes described in Section 3 (a), there is hereby appropriated the sum of $922,000, including the sum of $212,000 as the down payment required by the Local Bond Law of New Jersey N.J.S.A. 40A:2-1, et seq. (the Local Bond Law ). The down payment is now available from monies now actually held by the Township and previously contributed for such purpose. SECTION 2: Authorization of Bonds and Notes. In order to finance the cost of the improvements or purposes not covered by application of the down payment, negotiable bonds are hereby authorized to be issued in the principal amount of $710,000 pursuant to the Local Bond Law. In anticipation of the issuance of the bonds, negotiable bond anticipation notes are hereby authorized to be issued in the principal amount of $710,000, pursuant to and within the limitations prescribed by the Local Bond Law. SECTION 3: Description of Project. (a) The several improvements hereby authorized and the several purposes of the financing for which the bonds are to be issued to dredge municipal owned lands lying under tidal flowed water within the Township, including, and installation of all appurtenances needed for a completely functioning system subject to availability of funds. (b) The estimated maximum amount of bonds or notes to be issued for the improvements or purposes is as stated in Section 2 hereof. (c) The properties affected or specially benefited by the several improvements are identified on the Tax Map of the Township of Egg Harbor as Block 9405, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 34; Block 9406, Lots 1-C001, C002, C003, C004, C005, C006, C007, C008, C009, C0010, C0011, C0012, C0013, C0014, C0015, and C0016.

7 (d) The estimated costs of the improvements or purposes are equal to the amount of the appropriation herein made therefor. (e) The aggregate estimated costs of the improvements or purposes to be specially assessed against the real estate which is to be specially benefited thereby are $710,000. (f) The estimated cost of the improvement or purposes to be borne by the Township is $48,000, representing a portion of the down payment of $212,000. SECTION 4: Issuance of Notes. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the Township s Chief Financial Officer; provided that no note shall mature later than one year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer. The Chief Financial Officer shall determine all matters in connection with notes issued pursuant to this ordinance, and the Chief Financial Officer s signature upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time subject to the provisions of NJSA 40A:2-8(a). The Chief Financial Officer is hereby authorized to sell part or all of the notes from time to time, at not less than par and accrued interest, at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof. The Chief Financial Officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this ordinance is made. Such report shall include the amount, the description, the interest rate and the maturity scheduled of the notes sold, the price obtained and the name of the purchaser. SECTION 5: Capital Budget. The capital budget of the Township of Egg Harbor is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith. The resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director of the Division of Local Government Services is on file with the Clerk and is available there for public inspection. SECTION 6: Special Assessment Notice. (a) Notice is hereby given to the owners of all lots and parcels of real estate benefited by the improvements described in Section 3(a) hereof and affected by the improvements described herein that the Township of Egg Harbor intends to make and levy special assessments against all such lots and parcels of real estate in an aggregate maximum amount not exceeding $710,000. Such special assessments shall be made and levied in the manner provided by law and shall be as nearly as possible in proportion to and not in excess of the peculiar benefit, advantage or increase in value that the respective lots and parcels of real estate shall be deemed to receive by reason of the improvements. The Township will contribute a portion

8 of the down payment in the amount of $48,000 to the cost of the improvements. The balance of the down payment amount has been paid by the property owners to the Township. (b) If the amount of the special assessments as finally confirmed is less than $710,000, then the Township will contribute the difference between such reduced special assessments and the cost of the improvements, such difference to be financed by the issuance of general improvement bonds or notes of the Township. SECTION 7: Additional Matters. (a) The owner of any land upon which an assessment for the local improvements shall have been made may pay such assessment in the number of equal yearly installments determined herein with legal interest on the unpaid balance of the assessment. The first of such installments shall be due and payable two (2) months after the confirmation of the assessment, and such subsequent annual installment and interest shall be payable in each successive year at such time as the governing body shall by resolution determine, provided that any owner of land so assessed shall have the privilege of paying the whole of any assessment or any balance of installments with accrued interest thereon at one time. In case any such installment shall remain unpaid for thirty (30) days after the time it shall become due and payable, the whole assessment or the balance thereof shall become and be immediately due and payable, shall draw interest at the rate imposed upon the arrearage of taxes in the Township and shall be collected in the same manner as provided by law for other past due assessments. Such assessment shall remain a lien upon the land described herein until the assessment, with all installments and accrued interest thereon, shall be paid and satisfied. Notwithstanding anything herein to the contrary, the Township shall have the right to waive default as many be permitted by law. (b) The purpose described in Section 3(a) of this bond ordinance are not current expenses. They are improvements that the Township may lawfully undertake as local improvements, the cost of which shall partially be specially assessed on property specially benefited thereby, and partially paid for by the Township. (c) The period of usefulness of the purposes within the limitations of the Local Bond Law, according to the reasonable life thereof computed from the date of the bonds authorized by this bond ordinance, is ten (10) years. (d) The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the Office of the Township Clerk, and a complete executed duplicate thereof has been electronically filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. Such statement above shows that the gross debt of the Township as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this bond ordinance by $710,000 and the obligations authorized herein will be within all debt limitations prescribed by that law.

9 (e) An aggregate amount not exceeding $97,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein for the purposes or improvements. (f) The number of annual installments within which the special assessments are to be levied on the lots and parcels of real estate benefited by the improvements is eight (8) years or the period for which bonds are issued for the improvements authorized by this bond ordinance, whichever shall be less. SECTION 8: Application of Grants. Any grant monies received for the purposes described in Section 3 (a) hereof shall be applied to reduce the general obligations of the Township incurred in connection with the cost of the improvements. When and if such obligations shall be completely retired, any additional monies received shall be applied to reduce the obligations of the specially assessed property owners. The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such monies are so used. SECTION 9: Official Intent to Reimburse Expenditures. The Township reasonably expects to reimburse any expenditures towards the costs of the improvements or purpose described in Section 3 of this ordinance and paid prior to the issuance of any bonds or notes authorized by this ordinance with the proceeds of such bonds and notes. No funds from sources other than the bonds or notes authorized herein has been or is reasonably expected to be reserved, allocated on a long-term basis or otherwise set aside by the Township, or any member of the same control group as the Township, within the meaning of Treasury Regulations Section (f), pursuant to their budget or financial policies with respect to any expenditures to be reimbursed. This Section is intended to be and hereby is a declaration of the Township s official intent to reimburse any expenditures towards the costs of the improvements or purposes described in Section 3 hereof to be incurred and paid prior to the issuance of bonds or notes authorized herein in accordance with the Treasury Regulations Section , and no action (or inaction) will be an artifice or devise in accordance with Treasury Regulation Section yield restrictions or arbitrage rebate requirements. SECTION 10: Full Faith and Credit. The full faith and credit of the Township are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the Township, and the Township shall be obligated to levy ad valorem taxes upon all the taxable real property within the Township for the payment of the obligations and the interest thereon without limitation as to rate or amount. SECTION 11: Tax Covenant. The governing body of the Township hereby covenants on behalf of the Township that to the extent any debt obligations are issued as tax-exempt debt

10 obligations to take any action necessary or refrain from taking such action in order to preserve the tax-exempt status of such debt obligations authorized hereunder as is required under the Internal Revenue Code of 1986, as amended, including compliance with said Code with regard to the use, expenditure, investment, timely reporting and the rebate of investment earnings as may be required thereunder. SECTION 12: Severability. The provisions of this ordinance are severable, to the extent that any clause, phrase, sentence, paragraph, or provision of this ordinance shall be declared void, illegal or unconstitutional, the remaining provisions shall continue in full force and effect. SECTION 13: Repeal of Inconsistent Ordinances. To the extent that any previous ordinance or resolution is inconsistent with or contradictory hereto, said ordinance or resolution is hereby repealed or amended to the extent necessary to make it consistent herewith. SECTION 14: Effective Date. This bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by the Local Bond Law. NOTICE IS HEREBY GIVEN THAT THE FOREGOING ORDINANCE WAS INTRODUCED AT A MEETING OF THE TOWNSHIP COMMITTEE OF EGG HARBOR TOWNSHIP, IN THE COUNTY OF ATLANTIC, STATE OF NEW JERSEY, HELD FEBRUARY 7, 2018 AND WILL BE FURTHER CONSIDERED FOR FINAL PASSAGE AFTER A PUBLIC HEARING THEREON AT A REGULAR MEETING OF SAID TOWNSHIP COMMITTEE TO BE HELD IN THE TOWNSHIP HALL, IN SAID TOWNSHIP ON MARCH 21, Dated: February 7, 2018 Eileen M. Tedesco, RMC Township Clerk

11 NOTICE OF PENDING BOND ORDINANCE The Ordinance published herewith was introduced and passed upon first reading at a meeting of the Township Committee of the Township of Egg Harbor, in the County of Atlantic, State of New Jersey, held February 7, It was be further considered for final passage after a public hearing, at a meeting of the Township Committee to be held in the Municipal Building in said Township on March 21, 2018 at 5:30 o clock p.m. Copies of said Ordinance will be made available during the week prior to and up to and including the date of such meeting at the Clerk s Office in said municipal building to the members of the general public shall request the same. Eileen M. Tedesco, RMC Township Clerk

12 NOTICE OF ADOPTION STATEMENT The Bond Ordinance published herewith has been finally adopted on March 21, 2018 and the twenty (20) day period of limitation within which a suit, action or proceeding questioning the validity of such Ordinance can be commenced, as provided in the Local Bond Law, has begun to run from the date of the first publication of this statement. Eileen M. Tedesco, RMC Township Clerk

13 Egg Harbor Township Ordinance No An ordinance to amend Chapter 213 of the Township Code entitled Vehicles and Traffic to establish speed limit on Cates Road, as amended BE IT ORDAINED, by the Township Committee of the Township of Egg Harbor, County of Atlantic and State of New Jersey as follows: SECTION 1: Chapter 213 of the Code of the Township of Egg Harbor, Section 32B is hereby amended by adding to following: B Name of Street Limit (MPH) Location Cates Road 25 Atlas Lane Road to West Jersey Avenue SECTION 2: All ordinances and parts of Ordinances inconsistent with the provisions of this ordinance are, to the extent of such inconsistency, hereby repealed. SECTION 3: Should any section, clause, sentence, phrase or provision of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the remaining portions of this ordinance. SECTION 4. This Ordinance shall become effective immediately upon final adoption and publication according to law. NOTICE IS HEREBY GIVEN THAT THE FOREGOING ORDINANCE WAS INTRODUCED AT A MEETING OF THE TOWNSHIP COMMITTEE OF EGG HARBOR TOWNSHIP, IN THE COUNTY OF ATLANTIC, STATE OF NEW JERSEY, HELD FEBRUARY 21, 2018 AND WILL BE FURTHER CONSIDERED FOR FINAL PASSAGE AFTER A PUBLIC HEARING THEREON AT A REGULAR MEETING OF SAID TOWNSHIP COMMITTEE TO BE HELD IN THE TOWNSHIP HALL, IN SAID TOWNSHIP ON MARCH 21, Dated: February 21, 2018 Eileen M. Tedesco, RMC Township Clerk

14 Egg Harbor Township Ordinance No An ordinance to amend Chapter195 of the Township Code entitled Streets and Sidewalks BE IT ORDAINED, by the Township Committee of the Township of Egg Harbor, County of Atlantic and State of New Jersey as follows: SECTION 1: Chapter 195 of the Code of the Township of Egg Harbor, Section is hereby amended by adding to following: E. If it is determined by the Township Police Department that Township Police Officers shall be required to maintain proper traffic control during the course of construction, the cost of each Police Officer shall be ninety dollars ($90) per hour. The contractor shall be required to post fifty percent (50%) of the estimated cost of the Police Officer s scheduled time prior to commencement of the project. Balance will be due immediately upon completion of the work. SECTION 2: All ordinances and parts of Ordinances inconsistent with the provisions of this ordinance are, to the extent of such inconsistency, hereby repealed. SECTION 3: Should any section, clause, sentence, phrase or provision of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the remaining portions of this ordinance. SECTION 4. This Ordinance shall become effective immediately upon final adoption and publication according to law. NOTICE IS HEREBY GIVEN THAT THE FOREGOING ORDINANCE WAS INTRODUCED AT A MEETING OF THE TOWNSHIP COMMITTEE OF EGG HARBOR TOWNSHIP, IN THE COUNTY OF ATLANTIC, STATE OF NEW JERSEY, HELD FEBRUARY 21, 2018 AND WILL BE FURTHER CONSIDERED FOR FINAL PASSAGE AFTER A PUBLIC HEARING THEREON AT A REGULAR MEETING OF SAID TOWNSHIP COMMITTEE TO BE HELD IN THE TOWNSHIP HALL, IN SAID TOWNSHIP ON MARCH 21, Dated: February 21, 2018 Eileen M. Tedesco, RMC Township Clerk

15 Egg Harbor Township Ordinance No An ordinance to amend Chapter 225 of the Code of the Township of Egg Harbor, entitled Zoning to provide for Affordable Housing needs within the RG-4 and RG-5 Residential Districts, as amended BE IT ORDAINED, by the Township Committee of the Township of Egg Harbor, County of Atlantic and State of New Jersey as follows: SECTION 1: Chapter 225 of the Code of the Township of Egg Harbor is hereby amended by adding a new section as follows: Affordable Housing Requirements for RG-4 and RG-5 Residential Districts A. Purpose (1) The Township of Egg Harbor uses its zoning code to meet affordable housing needs by requiring residential development in certain districts in the Pinelands area of the Township to provide affordable housing, as is required by the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.)(hereinafter Fair Housing Act ). Consistent with Section of the Fair Housing Act, this ordinance requires all residential development within the RG-4 and RG-5 zoning districts to provide a twenty percent (20%) affordable housing set-aside. (2) It is the specific purpose and intent of this section to meet affordable housing requirements required by Section of the Fair Housing Act, in the RG-4 and RG- 5 districts of the Pinelands area of the Township. This ordinance also implements Section 8 of the Settlement Agreement between the Township of Egg Harbor and Fair Share Housing Center (hereinafter FSHC ) in the case entitled In the Matter of the Application of the Township of Egg Harbor, County of Atlantic, Docket No: ATL- L The Settlement Agreement was entered into between the parties on August 16, 2017, and was approved by the Court during a properly noticed Fairness Hearing held on October 17, 2017, which was later memorialized by an order entered by the Court on November 27, B. Applicability (1) This subsection of the land use regulations of Egg Harbor Township sets forth mechanisms by which developers shall provide affordable housing based on residential development taking place within certain Pinelands Areas of Egg Harbor Township. (2) Residential Development. Except as exempted in subsection Section 2, all residential development in the RG-4 and RG-5 districts of the Township that results in the construction of new market-rate dwelling units shall be subject to the provisions of this ordinance. C. Exemption (1) Residential Development that has received preliminary or final approval before the effective date of this ordinance shall not be required to comply with this ordinance

16 D. Definitions unless the approvals expire, or approvals related to the development are amended to reflect a substantial change to the general terms and conditions on which preliminary approval was granted, including but not limited to use; layout of streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any conditions peculiar to site plan approval. (1) The following terms, as used in this ordinance, shall have the following meanings: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) "Affordable" means a sales price or rent within the means of a very low, low or moderate income household as defined in N.J.A.C. 5: and the Fair Housing Act. Affordable housing development means a development included in the Township of Egg Harbor s 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. COAH means the New Jersey Council on Affordable Housing. DCA means the New Jersey Department of Community Affairs. "Developer" means 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. "Development" means 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. Fair Housing Act means the New Jersey Fair Housing Act (N.J.S.A. 52:27D- 301 et seq.) "Housing unit" means a house, apartment, room or group of rooms occupied or intended to be occupied by a household living independently of other households. The term shall also mean and include a unit occupied or intended to be occupied by a household in an alternative living arrangement. "Judgment of compliance and repose or JOR" is an order entered by the Superior Court approving a municipality's Housing Element and Fair Share Plan after a properly noticed Compliance Hearing is held, which also provides immunity from all Mount Laurel lawsuits, including builder s remedy lawsuits, for a certain period of time from the entry of the JOR. "Low income housing" means housing affordable according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to 50 percent or less of the median gross household income for households of the same size within the housing region in which the housing is located.

17 (k) "Moderate income housing" means housing affordable according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to more that 50 percent but less than 80 percent of the median gross household income for households of the same size within the housing region in which the housing is located. (l) (m) (n) E. Residential Provisions "Set-aside" means the percentage of housing units devoted to very low, low and moderate income households within an inclusionary development. UHAC means the Uniform Housing Affordability Controls set forth in N.J.A.C. 5: et seq. "Very Low income housing" means housing affordable according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to 30 percent or less of the median gross household income for households of the same size within the housing region in which the housing is located. (1) All residential development in the RG-4 and RG-5 zone districts that result in the construction of new residential housing units shall set-aside twenty percent (20%) of the new units for low and moderate income households. Fifty percent (50%) of the low and moderate income units shall be set aside for low income households, including thirteen percent (13%) of the low income units for very low income households. (a) (b) On-site affordable housing construction. Any developer of residential housing in the RG-4 and RG-5 zone districts proposing new residential development shall construct, on its site, a twenty percent (20%) affordable housing set aside for low and moderate income households. Fifty percent (50%) of the low and moderate income units shall be set aside for low income households, including a thirteen (13%) set-aside of the low income units for very low income households. The thirteen percent (13%) very low income requirement will not apply to developments that produce less than eight (8) affordable units. As an example, if a residential developer seeks to construct five (5) units, four (4) of the units may be sold at market rate, and one (1) unit must be designated as affordable for a low income household. As an example, if a residential developer seeks to construct twenty (20) units, sixteen (16) of the units may be sold at market rate, two (2) units must be designated as affordable for moderate income households, and two (2) units must be designated as affordable for low income households. As an example, if a residential developer seeks to construct one-hundred (100) units, eighty (80) of the units may be sold at market rate, ten (10) units must be designated as affordable for moderate income households, seven (7) units must be designated as affordable for low income households, and three (3) units must be designated as affordable for very low income households. Densities. The Township s residential zoning across the Pinelands Regional Growth Area was based on the Pinelands Commission s requirements of 2.5

18 (c) (d) (e) dwelling units per acre base density with an increase to a maximum of 3.75 dwelling units per acre through the acquisition of Pinelands Development Credits. The densities within the RG-4 and RG-5 zones, which exceed the base densities, are as follows: Zoning District RG-4 RG-5 Density 6.0 du/acre 7.5 du/acre Pinelands Development Credit Requirements. Pinelands Development Credits shall be required for twenty five percent (25%) of all units in the RG- 4 and RG-5 Zones, excluding those units which are made affordable for very low, low and moderate income households. One-quarter of a Pinelands Development Credit (i.e., one right) shall be purchased and redeemed for every four non-income restricted units, rounded up to the next highest increment of a quarter Pinelands Development Credit. Application Fees for Municipal Subdivision / Site Plan Approvals. Application fees for Municipal Planning / Zoning Board approvals which provide affordable housing units shall be based on the non-income restricted units only. Example of the Affordable Housing, Bonus Density, Application Fees and Pinelands Development Credit Requirements. As an example, if a residential developer seeks to develop on ten (10) acres in the RG-5 Zone the following would apply: Units permitted = 75 units. Number of affordable units required = 15 units. Units for which fees and Pinelands Development Credits are calculated = 60 market rate units. Application Fees Required: For Subdivisions: For Site Plans: Preliminary Major Subdivision: $ $30 / lot = $2, Final Major Subdivision: $ $30 / lot = $2, Preliminary Major Site Plan: $1, $25 / unit = $2, Final Major Site Plan: 50% of preliminary application fees = $1,

19 Pinelands Development Credits Required: 25% of 60 market rate units = 15 units or 3.75 PDCs. F. General Provisions for Constructing Affordable Units. (1) Affordable housing units being constructed on-site shall be in conformance with the Fair Housing Act, all applicable COAH and UHAC regulations, the Township s Affordable Housing Ordinance, applicable settlement or development agreements, and any applicable Court Orders (including any JOR orders and JOR condition follow up orders). Such requirements shall include, but are not limited to, requirements regarding phasing schedule, controls on affordability, low/moderate income split, heating source, maximum rent and/or sales prices, affordability average, bedroom distribution, and affirmative marketing. (2) Projects which contain less than twenty (20) total affordable units shall have the units dispersed throughout the developments and shall be located within buildings designed to be architecturally indistinguishable from the market-rate units otherwise being constructed within the development. Projects which contain twenty (20) or more affordable units shall have the option of providing one hundred percent (100%) affordable buildings that meet the requirements for garden apartments at a location on-site. Regardless of how the units are provided, the scale, massing, roof pitch and architectural detailing (such as the selection of exterior materials, doors, windows, etc.) of the buildings containing the affordable housing units shall be similar to and compatible with that of the market-rate units. G. Other regulations are as follows: (1) Every residential development applicant shall be required to submit a proposed Affordable Housing Production Plan (AHPP) at the time the application is made. The AHPP shall be a condition of the completeness determination. Each AHPP shall be the subject of review for consistency with the Fair Housing Act, applicable COAH and UHAC regulations, the Township s Housing Element and Fair Share Plan, the Township s Affordable Housing Ordinance, applicable settlement and development agreements, Court Orders (including any JOR orders and JOR condition satisfaction orders), this Ordinance and such other rules and regulations as may be applicable. This review shall be conducted by the Township Planner and/or by such other person or entity as shall be designated to administer the Township s affordable housing matters. (2) The AHPP shall provide, at a minimum, the following items: (a) Calculation of the affordable housing obligation resulting from the construction of residential units to be sold at market rate; (b) Description of how the obligation shall be satisfied; (c) Site plan and floor plan, the location of all market and affordable units; and (d) The following information must be provided for each affordable unit: (i) What income level the unit will be available to: moderate income household, low income household or very low income household; (ii) Whether the unit will be for-sale or for-rent; and (iii) Number of bedrooms. (3) The AHPP shall be approved by the Board hearing the development application. The Board shall consider the impacts of the proposal relative to its consistency with the Fair Housing Act, applicable COAH and UHAC regulations, the Township s Housing Element and Fair Share Plan, the Township s Affordable Housing Ordinance,

20 applicable settlement and development agreements and any Court Orders (including any JOR orders and JOR condition satisfaction orders). (4) Compliance with the Fair Housing Act, applicable COAH and UHAC regulations, the Township s Housing Element and Fair Share Plan, the Township s Affordable Housing Ordinance, applicable settlement and development agreements, Court Orders (including any JOR orders and JOR condition satisfaction orders) with the approved AHPP shall be a condition of the Board s resolution of approval. (5) It shall be the developer s responsibility, at its sole cost and expense, to contract with an experienced entity for the initial and ongoing administration of the controls on affordability so as to ensure full compliance with the Fair Housing Act, applicable COAH and UHAC regulations, the Township s Housing Element and Fair Share Plan, the Township s Affordable Housing Ordinance, applicable settlement and development agreements and any Court Orders (including any JOR orders and JOR condition satisfaction orders). By February 1 st of each year, the designated administrative entity shall file with the Township appointed Administrative Agent and the Township Clerk of the Township of Egg Harbor such certifications, reports and/or monitoring forms as will be required by COAH or the Court to verify the continuing compliance of each affordable unit with the aforementioned applicable rules, regulations, agreements and Court orders. If such an administrative entity is not the same Administrative Agent utilized by the Township, said entity will cooperate with the Township s Administrative Agent and make all certifications, reports and/or monitoring forms available for review and approval upon request. SECTION 2: Chapter of the Code of the Township of Egg Harbor is hereby amended by deleting it in its entirety and replacing it as follows: RG-4 Residential District. A. Permitted principal uses shall be: (1) Single-family detached dwellings. (2) Public parks, playgrounds, active and passive recreation. (3) Two-family dwellings. (4) Single-family attached dwellings, provided that: (a) (b) (c) (d) (e) (f) Minimum tract size of three acres. No single-family attached dwellings will front on a public street. There should be a ten-foot-wide buffer area around the perimeter of the site. Adequate sight distances for entrance onto public roads is required. No more than eight single-family attached dwellings shall be contained in any one continuous structure. Public sewerage shall be provided. B. Permitted accessory uses shall be:

21 (1) Uses customary and incidental to the principal uses. (2) Professional home office, provided that not more than twenty five percent (25%) of the gross floor area of the principal building is used for office purposes. C. Area, yard and building requirements shall be as specified in D. Permitted modifications and conditional uses shall be: (1) Home occupations subject to the conditions contained in D(1). (2) Public and private schools, churches, chapels, synagogues or similar houses of worship subject to D(2). (3) Planned adult communities pursuant to E. Density. The density of housing in any development hereafter constructed shall be not more than six dwelling units per one acre. F. Pinelands Development Credit Requirements. Pinelands Development Credits shall be required for 25% of all units, excluding those units which are made affordable for very low, low and moderate income households. One-quarter of a Pinelands Development Credit (i.e., one right) shall be purchased and redeemed for every four non-income restricted units, rounded up to the next highest increment of a quarter Pinelands Development Credit. G. Site plan review. All development pursuant to D(2) shall be subject to Chapter 198 of the Code of the Township of Egg Harbor. H. Subdivision review. All development pursuant to A and B shall be subject to Chapter 198 of the Code of the Township of Egg Harbor. I. Parking area requirements. All development shall be subject to Article VII of this chapter. J. Buffer requirements. All development pursuant to D(2) shall be subject to 94-8 of the Code of the Township of Egg Harbor. K. Lighting requirements. All development pursuant to D(2) shall be subject to of the Code of the Township of Egg Harbor. L. Landscaping requirements. All development pursuant to D(2) shall be subject to of the Code of the Township of Egg Harbor. M. Signs. All development pursuant to D(2) shall be subject to Article VIII of this chapter. SECTION 3: Chapter of the Code of the Township of Egg Harbor is hereby amended by deleting it in its entirety and replacing it as follows: RG-5 Residential District. A. Permitted principal uses shall be:

22 (1) Single-family detached dwellings. (2) Public parks, playgrounds, active and passive recreation. (3) Two-family dwellings. (4) Single-family attached dwellings subject to the following conditions: (a) (b) (c) (d) (e) (f) Minimum tract size of three acres. No single-family attached dwellings will front on a public street. There should be a ten-foot-wide buffer area around the perimeter of the site. Adequate sight distances for entrance onto public roads is required. No more than eight single-family attached dwellings shall be contained in any one continuous structure. Public sewerage shall be provided. B. Permitted accessory uses shall be: (1) Uses customary and incidental to the principal uses. (2) Professional home office, provided that not more than twenty five percent (25%) of the gross area of the principal building is used for office purposes. C. Area, yard and building requirements shall be as specified in D. Permitted modifications and conditional uses shall be: (1) Home occupations subject to the conditions contained in D(1). (2) Public and private schools, churches, chapels, synagogues or similar houses of worship subject to D(2). (3) Planned adult communities pursuant to (4) Garden apartments, subject to the following conditions: (a) (b) (c) (d) Minimum tract size shall be 7 acres. No garden apartment will front on a public street. A buffer area 20 feet in width shall be provided around the perimeter of the tract. Adequate sight distances for entrance onto public roads is required.

23 (e) Each garden apartment shall be limited to a maximum of 20 dwelling units and a length of 180 feet. Such structures shall be grouped in clusters of consistent architectural design. A minimum of two feet of building offset for every two ground floor dwelling units, or a minimum of four feet of offset for every five ground floor units, shall be provided. (f) (g) An outdoor private living space for each ground floor unit shall be provided. Adequate visual screening of such living space from all other neighboring dwelling units, outdoor living spaces, parking areas and roadways shall be provided. A variety of building heights between three- and four-story structures within a single project is recommended. (5) Mix-use planned development option subject to the following conditions: (a) (b) (c) (d) (e) (f) (g) (h) Residential components shall be in accordance with the permitted and conditional uses in the RG-5 Zone. All conditional residential components of mixed-use developments must comply with all conditions as specified in Chapter 225 for the particular use. Commercial components shall be in accordance with the permitted uses in the General Commercial (GC) Zone. Minimum tract size of 25 acres. Minimum frontage of 150 feet on a public street. No residential units shall front on an existing public street. There shall be a fifty-foot-wide buffer area around the perimeter of the site. Minimum lot depth. All residential units shall have a minimum depth of 100 feet if parking is located on individual lots, or 80 feet if parking is located off site. Mix of uses. [1] The maximum amount of land to be designated for residential development may not exceed eighty percent (80%). [2] The maximum amount of land to be designated for commercial development may not exceed thirty percent (30%). (i) (j) There shall be a direct pedestrian linkage between the commercial and residential components of the project. Recreational facilities must be provided as part of the mixed-use development in accordance with The Planning Board may

24 accept an in-lieu contribution towards the required recreation, provided that the applicant can demonstrate that the recreational needs can be met by existing Township facilities. (k) A homeowners' association shall be formed in accordance with of this Code. All common open spaces including, stormwater management facilities shall be owned and maintained by the association. The association may be affiliated with an overall development association or may be a separate association. (6) Assisted living or independent living facilities subject to the density requirements of Subsection E below, provided that the following conditions are met: (a) Minimum lot size shall be one acre. (b) Minimum parking setbacks: 35 feet from any county right-of-way; 20 feet from a municipal right-of-way or rear property line; and zero feet where cross easements for parking are maintained. (c) (d) The Planning Board may impose more restrictive conditions or any further reasonable conditions to the effect of noise, traffic movement and volume, lighting and/or intensity of such conditional activities on adjacent land uses and may require a sufficient guarantee to ensure compliance with such restrictions or conditions. All utilities shall be located underground. E. Density. The density of housing in any development hereafter constructed shall not be more than 7.50 dwelling units per one acre. For mixed-use developments, the permitted densities shall be based on the total acreage designated for residential uses. F. Pinelands Development Credit Requirements. Pinelands Development Credits shall be required for twenty five percent (25%) of all units, excluding those units which are made affordable for very low, low and moderate income households. One-quarter of a Pinelands Development Credit (i.e., one right) shall be purchased and redeemed for every four nonincome restricted units, rounded up to the next highest increment of a quarter Pinelands Development Credit. G. Site plan review. All development pursuant to Section D shall be subject to Chapter 198 of the Code of the Township of Egg Harbor. H. Parking area requirements. Off-street parking shall be pursuant to Article VII of Chapter 225 of the Code of the Township of Egg Harbor. I. Subdivision review. All development pursuant to Section A shall be subject to Chapter 198 of the Code of the Township of Egg Harbor. J. Buffer requirements. All development pursuant to Section D shall be subject to 94-8 of the Code of the Township of Egg Harbor. K. Lighting requirements. All development pursuant to Section D shall be subject to of the Code of the Township of Egg Harbor.