HOUSING ELEMENT & FAIR SHARE PLAN

Transcription

1 HOUSING ELEMENT & FAIR SHARE PLAN Township of Livingston Essex County, New Jersey Prepared by Livingston Planning Department Adopted by the Planning Board on January 19, 2016 & Endorsed by the Township Council on January 25, 2016

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3 ACKNOWLEDGEMENTS This is to acknowledge the hard work and assistance in preparation, review and adoption of the Township of Livingston s Housing Element & Fair Share Plan. TOWNSHIP COUNCIL Alfred M. Anthony, Mayor & Councilman Shawn R. Klein, Deputy Mayor & Councilman Rufino Rudy Fernandez, Councilman Edward Meinhardt, Councilman Michael M. Silverman, Councilman Michele E. Meade, Township Manager Glenn Turtletaub, Township Clerk Sharon L. Weiner Esq., Township Attorney PLANNING BOARD Peter M. Klein, Chairman & Class IV Member Richard H. Dinar, Vice-Chair & Class IV Member Michele E. Meade, Class I Member William Kimmel, Class II Member Michael M. Silverman, Class III Member Martin M. Kalishman, Class IV Member Robert Leopold, Class IV Member Samuel I. Ratner, Class IV Member Stephen A. Santola, Class IV Member Michael Reiber, Alternate #1 Jill Wishnew, Alternate #2 Richard W. Vallario Esq., Board Attorney Jackie Coombs-Hollis, Board Secretary & Planning Administrator Gary T. Hall Esq., COAH Special Counsel Jeannette Harduby, P.E., Township Engineer Veena M. Sawant, Township Planner

4 TABLE OF CONTENTS INTRODUCTION & SUMMARY OF FINDINGS... 1 EXECUTIVE SUMMARY... 1 INTRODUCTION... 2 Background... 2 Affordable Housing Obligation... 3 Fair Share Plan Overview... 4 COMMUNITY OVERVIEW... 5 Economic Policies... 5 Capacity for Growth... 5 LAND USE ANALYSIS... 7 Residential Land Use Patterns... 7 Parks and Open Space... 8 Industrial Land Use Patterns... 8 Other Land Use Patterns... 8 INFRASTRUCTURE ANALYSIS... 9 Sewer Infrastructure... 9 Water Infrastructure... 9 ENVIRONMENTAL ANALYSIS...11 Wetlands...11 Floodplains...11 Steep Slopes...11 DEMOGRAPHIC, HOUSING & EMPLOYMENT ANALYSIS Housing Stock...13 Substandard Housing...17 Demographic Characteristics...18 Income...21 Livingston Income Statistics...21 Employment Characteristics...22 Employment Outlook & Trends FAIR SHARE PLAN Applicable Methodologies...26 FAIR SHARE OBLIGATION...27 Prior Round Obligation...27 Rehabilitation...28 Supportive/Special Needs...28 Pending RCA s...29 PROJECTS INCLUDED IN THE 2011 FAIR SHARE PLAN...30

5 Age-Restricted: Care One, LLC...30 Inclusionary Development FAIR SHARE PLAN FAIR SHARE OBLIGATION...34 Prior Round Obligation...34 Rehabilitation Obligation...34 Prospective Obligation...35 FAIR SHARE PLAN...36 Existing & Approved Projects...36 Potential Affordable Housing Credits...37 Potential Inclusionary Development...37 AFFORDABLE HOUSING SPENDING PLAN...40 Development Fee Ordinance...40 Description of Anticipated Use of Development Fees...41 MONITORING...42 AFFIRMATIVE MARKETING PLAN...42 ADDITIONAL POTENTIAL ACTIONS...43 Supportive/Special Needs Housing...43 Affordability Assistance...44 Livingston Home Rehabilitation Program...45 Essex County Home Rehabilitation Program...45 Scattered Sites / 100% Affordable Housing Project...46 Down Payment/Closing Cost Assistance...46 Market to Affordable Program...46 Approved Age-Restricted Housing...47 Mixed-Use Overlay Zoning...48 Superimposed Nature of the Overlay Zoning...48 Focus Area...48 Housing...49 Planned Inclusionary Residential Development Mixed-Use Inclusionary Development in the C-I, Commercial Industrial Zone...50 Re-Use of Privately Developed Sites...50 SUMMARY & CONCLUSIONS... 54

6 APPENDICES Appendix No. Title A-1 Vacant Land Analysis A-2 Existing Land Use Map A-3 Constraints Map A-4 Amended Conditional Use (Ordinance ) A-5 Township of Livingston Development Fee Ordinance A-6 Scattered Sites LIST OF TABLES Table # Title Page # 1 Housing Type 13 2 Year Housing Units Built 14 3 New Housing Construction, New Residential & Demolition Permits COAH Region 2 Income Limits Availability of Housing for Low & Moderate Income 16 6 Substandard Housing Indicators in Livingston 18 7 Population Trends Township of Livingston & Essex County 18 8 Population by Sex & Age Cohort, Race Household Income in Employment by Industrial Sector Commuting Characteristics / Place of Work Prior Round Summary (2011) Prior Round Credits (2011) Rehabilitation Credits Supportive/Special Needs Housing Rehabilitation Credits Post 2011 Credits Inclusionary Zoning Affordability Assistance Livingston Home Rehabilitation Program Overlay Zoning Outline of Livingston s Affordable Housing Efforts 52

7 INTRODUCTION & SUMMARY OF FINDINGS EXECUTIVE SUMMARY The Township of Livingston has taken, and will continue to take a proactive position in providing affordable housing within the limits of the municipality. This Housing Element and Fair Share Plan (hereinafter HEFSP ) provides the methods that address the approved and implemented affordable housing plans along with addressing additional affordable housing opportunities. The Township obtained court approval for the Second Round Plan in 1997 and court approval for a Third Round Plan in This HEFSP is intended to supersede the 2011 HEFSP. On March 10, 2015, the Supreme Court ruled that the New Jersey Council on Affordable Housing (hereinafter COAH ) has failed to act and as a result, the Courts will be assuming jurisdiction over the Fair Housing Act. The Order divides municipalities into one of three categories: (1) those that achieved Third Round Substantive Certification, (2) those that filed or petitioned and (3) those that had never participated in the COAH process. The Order allows any municipality that petitioned or participated in COAH proceedings under the prior Third Round regulations to file a declaratory judgment action. Livingston intends to comply with its constitutional mandate to provide affordable housing and Livingston filed a declaratory judgment action since Livingston is similar to a participating municipality by virtue of the Court approval of the 2011 HEFSP. This HEFSP is being prepared for court review and approval to address the remaining Third Round Obligation for the period through The HEFSP includes an adjusted affordable housing obligation of 69 units based on the Vacant Land Analysis ( VLA ). See Appendix A-1. The Fair Share Plan in this HEFSP proposes additional options for the creation of affordable housing units. It is the overall goal of Livingston s Fair Share Plan, in combination with the Land Use Plan, to provide the planning context in which access to low and moderate income housing can be provided in accordance with the requirements of the Fair Housing Act and the laws of the State of New Jersey. This HEFSP provides for affordable housing within the most appropriate locations within the Township balanced against the lack of developable vacant lands and the presence of environmental constraints as demonstrated by the VLA. 1

8 INTRODUCTION Livingston s court-approved 1997 HEFSP and 2011 HEFSP were both implemented by the Township and the Planning Board. This HEFSP addresses the Township of Livingston s present affordable housing obligation. The HEFSP is that portion of the municipal Master Plan that addresses the housing needs, both present and future, of the community and, to some extent, the region. It has taken on special importance due to various court decisions and legislation involving the need to provide a realistic opportunity for affordable housing. The proposed housing policy builds upon many regulations and structures already in place, such as the Affordable Housing Trust Fund Ordinance and the Housing Rehabilitation Program. The proposed Overlay Zoning and Affordable Housing Trust Spending Plan will be added to Livingston s housing policy framework as means to further implement the Township s commitment to provide affordable housing opportunities. Background The Municipal Land Use Law (MLUL) requires a HEFSP as a mandatory part of the Master Plan which must be adopted by the Planning Board. Under the statute, the housing element plan must contain the following information: Inventory and analysis of the municipality s housing stock, demographic characteristics and existing and future employment characteristics; A projection of future housing construction; A determination of the municipality s present and prospective fair share of low and moderate income housing and its capacity to accommodate low and moderate income housing; and, A consideration of the lands that are most appropriate for the construction of low and moderate income housing including land owned by developers who have expressed a commitment to provide affordable housing. Livingston is committed to affirmatively addressing its housing obligation. This HEFSP is prepared utilizing the Prior Round Rules as well as the guidance provided in the March 2015 Supreme Court Order. As indicated by the Court Order, each municipality in the State still has a three-part obligation: 1. Rehabilitation Obligation; 2

9 2. Any remaining Prior Round Obligation that has not been addressed; and, 3. Prospective Obligation. Affordable Housing Obligation Due to invalidation of the COAH third round growth share regulations and the de facto disappearance of COAH, the Supreme Court directed that prospective municipal affordable housing obligations are to be determined by trial courts, on a case-by-case basis. The calculation of the Township s prospective need obligation is ultimately to be determined by the trial court. Livingston recognizes that the Fair Share Housing Center ( FSHC ) has submitted to the Superior Court in connection with pending municipal declaratory judgment actions, a report prepared by David N. Kinsey ( the Kinsey Report ) dated October 2015, which purportedly employed the COAH Prior Round methodology to reach a determination of the affordable housing obligations for all municipalities. The Kinsey Report indicated that the Township s obligation is 1,000 affordable housing units. Livingston is also aware that a group of municipalities retained Econsult Solutions to prepare a similar report dated December 22, 2015 ( Econsult Report ) that has also been filed with the Superior Court in connection with pending municipal declaratory judgment actions. The Econsult Report indicates that Livingston has a prospective need of 195 affordable housing units. Neither report takes into account Livingston s statutory entitlement to a vacant land adjustment. As set forth in Appendix A-1, Livingston prepared a VLA based on criteria in the prior affordable housing regulations, which resulting in a calculated Realistic Development Potential ( RDP ) of 69, which represents Livingston s adjusted affordable housing obligation. Notwithstanding this adjusted obligation of 69 units, Livingston is committed to providing additional affordable housing and taking advantage of potential future redevelopment opportunities by use of the various potential options discussed in the HEFSP. Based on the statute, the following information, in addition to the aforementioned, must be included when preparing a housing element and fair share plan: An analysis of how existing zoning and planned changes in zoning provide adequate capacity and provisions to accommodate residential and non-residential growth projections; 3

10 The number of new affordable housing units the municipality was obligated to provide during the 1987 to 1999 period and the number of affordable units actually provided; The number of deficient units occupied by low and moderate income households that the municipality is obligated to rehabilitate; and, A general description of any sites slated for affordable housing including acreage, property owner, block and lot, current zoning, surrounding land uses and street access. Fair Share Plan Overview This HEFSP addresses Livingston s cumulative fair share obligation (Rounds I, II, & III), including implementing ordinances created to ensure that the affordable housing obligation is met. This HEFSP follows the requirements of only those portions of N.J.A.C. 5: that were not invalidated by the courts. In accordance with COAH requirements, this HEFSP also includes a Demographic Analysis, Housing Inventory, Employment Analysis, review of land uses and policies, as well as a discussion of Livingston s Rehabilitation Share and Prior Round Obligation. The HEFSP also includes additional credits, and notes further affordable housing actions that may be utilized to address any additional future obligation. The HEFSP will apply credits for rehabilitation activity and completed construction of new affordable units to determine the Township s present need pursuant to COAH regulations. Further, this document includes the essential components for a housing element as specified in Section 310 of the Fair Housing Act and contains additional necessary documentation, including an updated Housing Fund Spending Plan that outlines how the Township intends to spend revenues in the Affordable Housing Trust Fund. 4

11 COMMUNITY OVERVIEW The Township of Livingston is a suburban community located in the southwestern part of Essex County. The Township is square miles in size, and has largely developed areas with less developed environmentally constrained areas. The Township is bounded by West Orange, Roseland, Florham Park, East Hanover, and Millburn. Single-family houses are the predominant type of residence in the Township. The areas of single-family homes are stable and well established. Livingston s residential and non-residential expansion has been steadily increasing in the past two decades. The Township, however, has reached a stage where vacant land is increasingly difficult to find or, if available, is subject to various constraints including wetlands, steep slopes, floodplains, access issues and, land-locked situations. Although the previous growth share regulations were invalidated by the courts, Livingston has continued to make diligent efforts in addressing its Mt. Laurel affordable housing obligation to meet the needs of its residents and its fair share of its region s need for affordable housing. This will be done through a variety of mechanisms including, inclusionary development, proposed overlay zoning and possible redevelopment of certain properties. Economic Policies As described in the Township s 2007 Master Plan, the Township s primary economic development goal is to maintain or improve the business climate within the Township. To advance the goal of the Master Plan, the Township has focused on: 1. Streetscape and aesthetic improvements; 2. Creating and maintaining infrastructure to keep and attract the most likely businesses for Livingston; and, 3. Encouraging the adaptive reuse and development of underutilized properties. Capacity for Growth The Township looked at potential future developments based on the existing capacity of the zoning, historic development trends, and whether the development would be consistent with sound planning principles. Livingston s capacity to accommodate its present and prospective 5

12 affordable housing need is determined by three components land, water, and sewer. Note that land development is limited by wetlands, flood plains, easements (conservation, sewer, and water), parcel size and municipal regulations. In 1997 the Court recognized that there are constraints that influenced Livingston s ability to build and hence approved a vacant land adjustment. 6

13 LAND USE ANALYSIS Residential Land Use Patterns Livingston s land use consists mainly of single-family residential uses. Single-family residences occupy approximately 3,750 acres, or 42% of the Township s land area. Townhomes constitute 0.22%, while multi-family use constitutes 1% of the existing land use. Since, the last Master Plan update, four townhouse developments (Regency, Cedar Gate, Fairways, and Livingston Town Center) have been constructed. Pulte Homes of NJ, which was recently approved by the Planning Board, will be a new addition to the list. Livingston houses four multi-family housing developments; The Pointe, The Enclave at Livingston, Hillside Club, and Parkview Heights (now under construction). Existing Land Use Vacant Utility Townhomes Semi-Public Single-family Public Parks and Open Space Multi-family Mixed-Use Institutional Industrial The next largest land use category is the Water Resource Conservation (WRC) District consisting of approximately 1,475 acres or 16% of the Township s land area. This land is owned by the City of East Orange Water Commission and is part of the reserve that serves as a regional water supply source for East Orange. Residential developments and commercial uses are prohibited. Currently there are no recreational uses in the WRC District. At the county and local levels, investments in water conservation will afford us the opportunity to provide water to more users in the future. As Livingston s water resources are finite, water conservation is recognized as an effective and efficient management practice. 7

14 Commercial Land Use Patterns Commercial uses occupy approximately 5% of the land area and are generally located along the frequently traversed corridors of the Township: Livingston Avenue, Northfield Road and Mount Pleasant Avenue. Office uses are also scattered along the same corridors. Parks and Open Space Parks and Open Space constitute approximately 10% of the total land area. Approximately 433 acres of the land within the Township are part of the Open Space Inventory. This includes 76 properties that are listed on the Recreation Open Space Inventory (ROSI) through NJDEP s Green Acres Program. Additionally, the Essex County park system constitutes 92 acres of the Township s land. Industrial Land Use Patterns Industrial uses comprise approximately 1% of the total parcels in Livingston. Almost all industrial development in Livingston is categorized as light industrial. Other Land Use Patterns Public and quasi-public uses including government buildings, houses of worship, public and private schools, clubs, cemeteries, hospitals and other institutional type uses are, as expected, scattered throughout the Township. Such uses comprise approximately 13% of the Township s parcels and include private and public schools, community parks, fire department, public works, library and Town Hall. St. Barnabas Hospital is also included in this category. The accompanying Existing Land Use Map (Appendix A-2) depicts the distribution of land uses throughout the Township. 8

15 INFRASTRUCTURE ANALYSIS Sewer Infrastructure The Township of Livingston owns, operates and maintains a sanitary sewer collection system, with a Water Pollution Control Facility (WPCF) located at 81 Naylon Avenue that serves over 12,300 residential and commercial customers. The Township s collection system includes over 149 miles of gravity sewer and force main with pipe diameters ranging from 4-inch to 42-inch, and eight (8) lift stations. Flows at the WPCF are approaching the permitted average design flow of 4.60 million gallons per day (MGD). Due to flows at the WPCF exceeding 80% of the permitted flow for the first two quarters of 2011, the Township was required by its New Jersey Pollutant Discharge Elimination System (NJPDES) Permit to participate in the New Jersey Department of Environmental Protection (NJDEP) Capacity Assurance Program (CAP). The Township's CAP requires that "all sewerage connection applicants requesting significant capacity allocation eliminate a flow equivalent to twice its peak sewerage projection by performing inflow and infiltration ( I / I ) removal in the collection system." All applicants are additionally required to analyze the condition via video inspection, and impact of the projected flows upon the available capacity in the receiving sanitary sewer system. Applicants are required to pay their pro-rata share of any necessary improvements. Currently our WPCF has little, if any excess capacity, as indicated above by the requirement for implementation of a CAP, and therefore new connections to the collection system are limited. Hatch Mott McDonald is currently completing an I / I study on behalf of the Township with capital funds allocated for improvements to reduce I / I and thus provide additional capacity. Water Infrastructure The Township of Livingston owns, operates and maintains a water utility that supplies potable water to customers through a network of water source, treatment, transmission, distribution, and storage infrastructure. The Township system supplies on average 3.8 MGD through groundwater sources (wells), supplemented with purchased water from New Jersey American Water (NJAW). Township infrastructure includes fourteen (14) groundwater wells, five (5) treatment facilities, seven (7) water storage tanks, three (3) booster stations, three (3) interconnections with NJAW, and over 160 miles of water mains. 9

16 The NJDEP uses a calculation of firm capacity to assess the ability of our water system to provide a reliable supply to current and proposed future customers. Currently, our water demand exceeds our firm capacity with the NJDEP; further water supply allocations are limited, pending ongoing water supply improvements. 10

17 ENVIRONMENTAL ANALYSIS The following section summarizes the environmental constraints within the Township. The constraints are detailed on Appendix A-3. Wetlands Livingston has wetlands scattered throughout the Township. Wetlands comprise approximately 17%, or 1,550 acres of the Township s total land area. Wetlands are an important aspect of the hydrologic and hydraulic characteristics and serve several purposes. They support wildlife and distinct species of plant life. They also act as a retention basin for floodwaters and control various types of water pollution. NJDEP classifies the wetlands into three resource value categories; Exceptional, Intermediate or Ordinary. Depending on the type of wetlands, these may have a buffer area (referred to as a transition area) with a required width of 0 to 150 feet. Wetlands and their required transition areas are the most significant regulatory constraints to development. Floodplains Floodplains are areas adjacent to streams, rivers, ponds and lakes. In order to avoid destruction of property and habitat, development within the floodplains is restricted. Pursuant to the NJDEP Landscape Mapping Project, some areas of the Township contain critical habitat for the following State Threatened and Endangered (T&E) Species: Barred Owl, Great Blue Heron, Red-Headed Woodpecker, Red-Shouldered Hawk and Wood Turtle. The Wood Turtle is especially important because it is among those T&E species that are "critically dependent on the regulated water for survival" according to the Flood Hazard Area Control Act regulations (N.J.A.C. 7:13-4.1(c)(2)(iii)). The potential presence of any T&E species triggers a 150-foot stream buffer from the adjacent stream (subject to exclusion of certain previously disturbed areas), which limits development of some sites. The more site specific information is further discussed in the VLA and the individual site assessments of potential affordable housing development. Steep Slopes Approximately 116 lots within the Township have been identified as containing prohibitive slopes (slopes in excess of 25%). Over 800 lots have been identified as containing precautionary slopes (between 15 and 24.9%). Disturbance of steep slopes results in accelerated erosion 11

18 processes from stormwater runoff and the subsequent sedimentation of water bodies with the associated degradation of water quality and loss of aquatic life soil support. Related effects include soil loss, changes in natural topography and drainage patterns, increased flooding potential, further fragmentation of forest and habitat areas and compromised aesthetic values. The Township requires additional permits for the disturbance of steep slopes. The Ordinance that regulates development in steep slopes is included as Exhibit A in the Vacant Land Analysis. 12

19 DEMOGRAPHIC, HOUSING & EMPLOYMENT ANALYSIS Housing Stock As of the 2010 Census, Livingston Township contained a total of 9,471 housing units, predominately single-family detached (8,413 or 88.8%) with only 4.1% (387) of all dwelling units single-family attached. See Table 1. Of the total number of units, 9,311 (98.3%) were occupied and 160 (1.7%) were vacant. The Township s second most prevalent type of housing unit was multifamily (518 units) which constituted 5.5% of its housing stock. (This number is significantly increasing). Essex County s housing stock, to the contrary, contained only 33.9% single family detached, and its predominant housing type was multi-family (45.6%). Livingston s predominance of single-family detached units was more in line with New Jersey as a whole, which also was mostly composed of singlefamily detached units (53.8%). See Table 1. In 2013, the median value of owner occupied homes in the Township was $547,500, and the median monthly rent was $2,000+, significantly higher than Essex County s respective median house value of $364,800, and median gross rent of $1,005. The State s respective median house value of $327,100 was the lowest of the three; however, the gross median rent was $1,172, lower than Livingston s but higher than Essex s. While median housing values fell in the Township, County and State from 2010 to 2013, rents increased. ( Township: Median Value - $585,400, Median Rent - $1,991; County: Median Value - $395,700, Median Rent - $977; State: Median Value - $357,000; Median Rent - $1,092). TABLE 1: Housing Type Housing Type Livingston Essex County New Jersey Total Percent Total Percent Total Percent Total Housing Units 9, % 311, % 3,529, % Single Family Detached 8, % 105, % 1,899, % Single Family Attached % 16, % 325, % Two-Family % 46, % 333, % Multi-Family % 142, % 933, % Mobile Home % % 35, % Other 0 0.0% % % Sources: 2010 U.S. Census, American Community Survey 5-Year Estimates, Tables DP U.S. Census, American Community Survey, Table DP U.S. Census, American Community Survey, Table DP04 13

20 According to the 2010 Census, 18.4% of all housing units in Livingston were built prior to 1950 (1,747 of a total of 9,471 housing units). A little over half of all units (52.4%) were built in the two decades between 1950 and 1970, with a little under 30% built after 1970 (2,754 units; 29.1%). See Table 2. In contrast, Essex County has a much older housing stock with 43.5% of all units built prior to In the State 28% of all units were built prior to 1950, 30% were built during the 1950s and 1960s, and 42% were built after See Table 2. While the US Census distinguishes between a manufactured/mobile home (a separate category in the Census) and a modular/panelized home (treated as traditionally built home and included in calculation of total housing units), these two categories are often confused by respondents to the US Census: Manufactured/mobile homes and modular/panelized homes are commonly confused, but there is a distinct difference between the two. Some people use the terms trailer or manufactured housing in the same sense as mobile homes. Manufactured/mobile homes, however, are not the same as modular/panelized homes. It could be that Livingston residents, in responding to US Census questions, have identified modular/manufactured homes as mobile homes. The 2010 US Census reports 84 2-family dwellings and 69 mobile homes for Livingston Township. See Table 1. (In 2013, the US Census reported 72 2-family dwellings and 63 mobile homes). However, the US Census is subject to statistical error - as it states in the Table Notes Data are based on a sample and subject to sampling variability. In 2010, the percentage margin of error for the questions related to 2- family units and mobile homes was +/ TABLE 2: Year Housing Units Built Year Built Livingston Essex County New Jersey Total Percent Total Percent Total Percent 2005 or Later % 6, % 88, % 2000 to % 14, % 206, % 1990 to % 14, % 314, % 1980 to % 16, % 410, % 1970 to % 27, % 458, % 1960 to , % 41, % 500, % 1950 to , % 54, % 569, % 1940 to % 43, % 314, % 1939 or Earlier % 92, % 665, % Sources: 2010 U.S. Census, American Community Survey 5-Year Estimates, Tables DP U.S. Census, American Community Survey 5-Year Estimates, Table DP04 14

21 Table 3 displays new construction and demolition permits issued for Livingston Township. New residential construction growth years for Livingston were in 2001 and 2002 and then again in 2004 and 2005 when more than 2/3 s (633) of all residential permits in the reported 14-year period were issued. During this 14-year period Livingston realized a net growth of 798 new residential units. While fewer permits were issued from 2005 to 2014 than from 2001 to 2005, there has been steady growth since 2009 (quite likely reflecting the downturns and upturns in the national and state economies). TABLE 3: New Housing Construction New Residential & Demolition Permits Year New Housing Units Demolition Total Yearly Average Source: State of New Jersey Department of Community Affairs Table 4 displays the 2014 Regional Income Limits as adopted by The Council on Affordable Housing ( COAH ). Incomes for a 1.5 person household were: $20,388 for very low income; $33,980 for low income; and $54,369 for moderate income; for a three person household, $24,466, $40,777, and $65,242; and, for a 4.5 person household, $28,272, $47,120, and $75,

22 TABLE 4: 2014 COAH Region 2 Income Limits Household Size Very Low Income Low Income Moderate Income 1 Person $19,029 $31,715 $50, Person $20,388 $33,980 $54,369 2 Person $21,747 $36,246 $57,993 3 Person $24,466 $40,777 $65,242 4 Person $27,184 $45,307 $72, Person $28,272 $47,120 $75,391 5 Person $29,359 $48,932 $78,291 6 Person $31,534 $52,556 $84,090 7 Person $33,709 $56,181 $89,890 8 Person $35,883 $59,806 $95,689 Source: nj.gov. As set forth in Table 5 below, U.S. Census Data was used to estimate the approximate number of units available for Very Low, Low, and Moderate income families. TABLE 5: 2010 Availability of Housing for Low & Moderate Income Housing Type Livingston Essex County New Jersey Total Percent Total Percent Total Percent Sale Units for "low" income Households units valued < $50, % 1, % 36, % for "low" income Households units valued < $100, % 2, % 91, % for "moderate" income Households units valued < $100, % 2, % 91, % for "moderate" income Households units valued < $150, % 6, % 184, % Rental Units for "low" income Households units rented < $ % 19, % 94, % for "low" income Households units rented < $ % 35, % 189, % for "low" income Households units rented < $ % 75, % 418, % for "moderate" income Households units rented < $ % 75, % 418, % for "moderate" income Households units rented < $ % 125, % 810, % Source: 2010 U.S. Census, American Community Survey 5-Year Estimates, Tables DP04. 16

23 For Very Low or Low Income households, 68 units valued at less than $50,000 and 121 units valued at less than $100,000 were available. For Moderate Income families, 121 units (valued less than $100,000) and 165 units (valued less than $150,000) were available. No (0) rental units were available for Very Low or Low Income families at rents under $500, $750 or $1,000. For Moderate Income families, no units were available with rents less than $1,000 per month and only 89 units (with rents less than $1,500) were available. See Table 5. Affordable housing for purchase was more prevalent for Very Low and Low Income households in Essex County and New Jersey as a whole than in Livingston, and rental units were significantly more prevalent. Substandard Housing Neither the U.S. Census nor other sources directly measure housing quality. However, the following U.S. Census data serves as indicators of inadequate housing: Constructed prior to 1950 More than one person per room Incomplete plumbing facilities Inadequate kitchen facilities Inadequate heating (no fuel, coal or coke, or wood used for heating) Inadequate plumbing facilities Based on the above, of the total housing stock in Livingston, 1,833 units (or 19.3%) had at least one of the five indicators. In order to be considered inadequate (or substandard), COAH requires units to include at least two of the above indicators and to be occupied by a low or moderate income household. In accordance with COAH s standards, as 18.4% of the total housing units in the Township were constructed prior to 1950 (1,747 units out of the total 9,471), it may be presumed that of those 86 occupied units evidencing one of the other additional five substandard housing indicators, most if not all may be considered substandard units. When compared with Essex County and the State, Livingston had a far lesser percentage of substandard housing indicators. See Table 6. 17

24 Indicator TABLE 6: Substandard Housing Indicators in Livingston Livingston Essex County New Jersey Total Percent Total Percent Total Percent Constructed Prior to , % 135, % 979, % Overcrowded (more than one person per room) % 13, % 103, % Inadequate Plumbing Facilities % 1, % 14, % Inadequate Kitchen Facilities 9 0.1% 2, % 22, % Inadequate Heating 0 0.0% 1, % 20, % Source: 2010 U.S. Census, American Community Survey, 5-Year Estimates, Tables DP04. Demographic Characteristics At the time of the 2010 U.S. Census, Livingston had a total population of 29,366 residents. The Township s population grew from 1960 to 1970 (by 7,003 residents). Livingston then experienced a significant decrease of residents from 1970 through 1990 (by a total of 3,518 persons). From 1990 to 2010 the Township regained the population lost, and then experienced a significant population growth in the decade 2000 to 2010 (7.2%, 1,975 residents) eventually surpassing its 1960 population total by 6,242 residents. Livingston s population as a percent of the County s population increased from 2.5% in 1960 to 3.7% in Livingston Township s population declines were offset by growth from the decades 1990 to See Table 7. In contrast, Essex County s population, during the same time period, declined by 15.1% (despite a modest period of growth from 1990 to 2000). However, slight increases in the 2013 population for both the Township and the County were estimated: to 29,420 for Livingston; to 785,853 for Essex. TABLE 7: Population Trends Township of Livingston & Essex County Year Livingston Essex County Total Increase/Decrease Total Increase/Decrease ,124 x (x) 923,545 x (x) ,127 7,003 (30.3%) 932,526 8,981 (1.0 %) ,040-2,087 (-6.9%) 851,304-81,222 (-8.7 %) ,609-1,431 (-5.1%) 778,207-73,098 (-8.6 %) , (2.9 %) 793,633 15,427 (2.0 %) ,366 1,975 (7.2 %) 783,969-9,664 (-1.2 %) Percentage Growth , % -121,980 (-15.1 %) Source: 2010 U.S. Census & 2013 U.S. Census, American Community Survey, 5-Year Estimates, Table DP05. 18

25 In 2010, Livingston had a total of 9,900 households, up from 9,300 households in year Of the total Livingston population, 29,055 resided in a household in The Township s average household size in 2010 was 2.91, slightly larger than Essex County s average household size of 2.68 (which decreased from 2.72 in 2000 to 2.68 in 2010). The median age in the Township in 2010 was 43.3, older than Essex County s median age of Of the 9,900 households in 2010, the Township contained a majority of households with families (82.8%, 8,276). And of those family households 41.5% were families with children under 18. In 2010 residents aged 45 to 54 constituted the most predominant age group in the Township (5,019 residents, 17.1%) followed by: seniors over the age 65 (4,942, 16.9%); the 5 to 14 age group (4,822 residents, 16.5%) and the 35 to 44 age group (4,348 residents, 14.8%). The Township had a larger female population in % female as compared with 49% male. See Table 8. TABLE 8: Population by Sex & Age Cohort, 2010 Age Total Male Female Total Percent Total Percent Total Percent Under 5 1, % % % 5 9 2, % 1, % 1, % , % 1, % 1, % , % 1, % % % % % % % % , % % % , % % 1, % , % 1, % 1, % , % 1, % 1, % , % 1, % 1, % , % % 1, % , % % % , % % % , % % % , % 1, % 1, % Total 29, % 14, % 15, % Percentage Male/Female 100% 48.6% 51.4% Median Age Sources: 2010 U.S. Census, Table QT-P1, Table QT-P2, Table DP U.S. Census, 2010 Demographic Profile, Table DP U.S. Census, 2000 Demographic Profile, Table DP-01 19

26 In 2010, of residents identifying themselves as being of one race, 76.2% of the Township predominately identified as white, 19.2% identified as Asian, 2.3% as black or African American, and 0.9% as other. 1.4% of Township residents identified themselves as being of two or more races and 4.1% of the population identified as Hispanic or Latino (of any race). While Livingston was markedly less diverse in terms of blacks/african Americans and Hispanics/Latinos than the County and the State, the Township had a much larger Asian population: 19.2% as compared to the County (4.6%) and the State (8.3%). In Essex County, more than half of the population (61.2%) was comprised of individuals identifying themselves as either blacks/african Americans (40.9%) or Hispanics/Latinos (20.3%). In contrast, only 6.4% of the total Livingston population identified as either black/african American or Hispanic/Latino. In the State, 31.4% identified as belonging to one of these two groups. See Table 9. TABLE 9: Race Race Livingston Essex County New Jersey Identified as one race: Percent Total Percent Total Percent Total White 76.2% 22, % 333, % 6,029,248 Black or African American 2.3% % 320, % 1,204,826 Asian 19.2% 5, % 35, % 725,726 American Indian & Alaskan Native 0.1% % 3, % 29,026 Native Hawaiian & Other Pacific Islander 0.0% 5 0.0% % 3,043 Other 0.9% % 65, % 559,722 Total 98.6% 28, % + 759, % 8,551,591 Identified as two or races 1.4% % 24, % 240,303 TOTAL POPULATION 100% 29, % 783, % 8,791,894 Hispanic or Latino 4.1% 1, % 159, % 1,555,144 (of any race) Source: 2010 U.S. Census, 2010 Demographic Data, Table DP1. +Rounding Error 20

27 Income Table 10 displays the household income in Livingston Township by income bracket. In 2013, Livingston had a median household income of $134,177, and a mean income of $177,834. Both figures were significantly higher than Essex County, which had a median income of $55,095 and a mean income of $87,252. Livingston s predominant income bracket was $200,000 or more representing 2,869 households (nearly 30% of the total 9,368 Livingston households.) Two thirds (66%) of Livingston households earned over $100,000. Of the 9,368 total households in Livingston Township in 2013, 725 (or 7%) made less than $25,000, and 118 (or 1.2%), made less than $10,000 annually. See Table 10. In 2013, Livingston had a per capita income of $59,621, as compared to Essex County s $32,181 and New Jersey s per capita income of $36, 027. TABLE 10: Household Income in 2013 Income (Households) Livingston Essex County New Jersey Percent Total Percent Total Percent Total Less than $10, % % 25, % 171,165 $10,000 to $14, % % 15, % 120,858 $15,000 to $24, % % 28, % 258,583 $25,000 to $34, % % 26, % 251,903 $35,000 to $49, % % 32, % 339,303 $50,000 to $74, % % 42, % 512,173 $75,000 to $99, % % 29, % 412,914 $100,000 to $149, % 2, % 35, % 548,453 $150,000 to $199, % 1, % 16, % 271,209 $200,000 or more 29.8% 2, % 24, % 299,857 Median Household Income (Dollars) x $134,177 x $55,095 x $71,629 Mean Household Income (Dollars) x $177,834 x $87,252 x $97,225 Source: 2013 U.S. Census, American Community Survey 5-Year Estimates, Table DP03 Livingston Income Statistics Dwelling units are affordable to low and moderate income households if the maximum sales price or rental cost is within their ability to pay such costs, based on a specific formula. The State provides income limits based upon the median gross household income of the affordable housing region in which the household is located. A moderate income household is one with a gross household income equal to or more than 50%, but less than 80%, of the median gross 21

28 regional household income. A low income household is one with a gross household income equal to 50% or less of the median gross regional household income. Very-low income households are those with a gross household income equal to 30% or less of the median gross household income. Livingston is located within Region 2, which contains Essex, Morris, Union, and Warren County. Using the 2014 regional income limits, a four-person household moderate income is capped at $72,492. Two-person households could make up to $57,903 and be considered a moderate income household or make up to $36,246 and be considered a low income household. Employment Characteristics In 2013, 22,584 Livingston Township residents were aged 16 and over, with 14,799 (65.5% of the total population) in the civilian labor force and 7,785 (34.5%) not in the labor force. Of the civilians in the labor force, 13,757 (60.9%) were employed, and 1,042 (4.6 %) were unemployed. Table 11 displays the sectors in which the 13,757 jobs were located. In Livingston, employment was concentrated in the Educational Services, Health Care and Social Assistance sectors; followed by Professional, Scientific, and Technical Services, Management, Administrative and Waste Management sectors and then by Finance and Insurance, and Real Estate, Rental and Leasing Sectors. While the largest number of jobs in Essex County and the State also were concentrated in the Educational Services, Health Care and Social Assistance sectors, unlike Livingston, the third largest sector for both was the Retail Trades (only the fourth largest sector for the Township). See Table

29 TABLE 11: Employment by Industrial Sector Industry Livingston Essex County New Jersey Civilian Population 16 Year & Over Count Share Count Share Count Share Agriculture, Forestry, Fishing / Hunting & Mining % % 14, % Construction % 20, % 233, % Manufacturing % 23, % 369, % Wholesale Trade % 9, % 147, % Retail Trade 1, % 36, % 469, % Transportation / Warehousing & Utilities % 25, % 236, % Information % 10, % 123, % Finance / Insurance, Real Estate, Rental / Leasing 2, % 29, % 368, % Professional, Scientific, Technical Services / Management, Administrative & Waste Management Services Educational Services, Health Care & Social Assistance Arts, Entertainment, Recreation, Accommodation & Food Services Other Services (excluding Public Administration) 2, % 43, % 529, % 3, % 90, % 981, % % 25, % 344, % % 18, % 189, % Public Administration % 16, % 189, % TOTAL (Civilian Employed Population 16 Years & Over) 13, % 349, % 4,197, % Source: 2013 U.S. Census, American Community Survey 5-Year Estimates, Tables DP03 More Livingston residents, as compared to County and State residents, worked outside of their county and state of residence. In 2013, less than half of Livingston residents worked in Essex County, whereas more than half of Essex County and State workers did. More Livingston residents commuted out of the County and out of the State, than did Essex and State workers. By far, nearly three quarters of Livingston workers, (similar to State and to a lesser degree County workers) who were employed worked outside of, rather than in, their minor civil division of residence. See Table

30 Place of Work TABLE 12: Commuting Characteristics / Place of Work 1 Livingston Essex County New Jersey Count Share Count Share Count Share Workers 16 Years & Over 13, ,678 4,107,798 Working in State of Residence 85.2% 86.4% 86.5% Working in County of Residence 46.2% 52.0% 54.2% Working outside County of Residence 39.0% 34.4% 32.3% Working outside State of Residence 14.8% 13.6% 13.5% Worked in Minor Civil Division of Residence 20.7% 22.9% 20.6% Worked Outside of Minor Civil Division of Residence 79.3% 77.1% 79.4% 2013 U.S. Census, American Community Survey 5-Year Estimates, Tables S0801 Sources: 2010 U.S. Census, 2010 Demographic Data, Table DP1 NJ Department of Labor and Workforce Development, Essex County Community Fact Book, January 2013 Employment Outlook & Trends The civilian labor force in Essex County is expected to grow by 13,000 members - from the 2010 total of 398,200 to 411,200 by 2032 (an increase of 3.26%). Source: NJ Department of Labor and Workforce Development; Such growth however appears based upon racial characteristics of the County s population to 2020 projections for the County estimate that the most growth will be largely in the multi-racial labor force (3,900 members), followed by the Asian labor force (3,600 members). The white and black labor force, although the largest percentage of the County s labor force, is projected to grow by only 0.7%. The Hispanic labor force is projected to grow by 22,100 persons (27.3%) in the same ten year period, while the County s non-hispanic labor force is projected to decline by 3.1%. 1 It should be noted that Table 12 which relies on Census Table (2013 US Census, American Community Survey 5-Year Estimates, Table S081, reports the total number of workers (for example, Livingston, 13,544) differently than the total number of workers in Figure 7 which relies on 2013 US Census, American Community Survey 5-Year Estimates, Table DP03 (for example, Livingston, 13,757). Differences may be attributed to sampling variability and margins of error. 24

31 In 2010, 78.5% of Livingston residents identified themselves as white or black/african American, 19.2% identified themselves as Asian and 4.1% identified themselves as Hispanic/Latino. Based on the State s labor projections, it appears that the Township may see significant growth in the civilian labor force among Asians and Hispanic/Latinos, with less growth among the white and black Township population. 25

32 2011 FAIR SHARE PLAN The 2011 Amended Housing Element and Fair Share Plan ( 2011 HEFSP ) approved by the Superior Court on June 21, 2011 included a Fair Share Plan ( 2011 Fair Share Plan ) that addressed Livingston Township s then-quantifiable affordable housing obligation consisting of a Prior Round (Adjusted Prior Round + Current) and Rehabilitation Obligation. Livingston's affordable housing obligation for each component at that time is summarized in Table 13 below. TABLE 13: Prior Round Summary (2011) Required Obligation Credits Status Adjusted Prior Round Obligation 193 Current Obligation (Surplus) Rehabilitation (Remaining) Applicable Methodologies Due to the moment in time when the 2011 Fair Share Plan was prepared, COAH s growth share methodology was not utilized because it had been invalidated by the Courts. Rather, the 2011 Fair Share Plan addressed the Township s present housing need as calculated for the previous two rounds ( Prior Round Obligation ) as well as the Rehabilitation Obligation: Prior Round Obligation: The Prior Round Obligation is the amount of the municipality s new construction obligation as calculated by COAH in June 1994 when its Round Two regulations were adopted. The 2011 Fair Share Plan addressed in detail Livingston s Prior Round Obligation and the strategies to satisfy this obligation. Rehabilitation Obligation: The Rehabilitation Obligation is the amount of substandard units occupied by lower income households deemed to exist in the municipality as determined by COAH based on Census data. 26

33 FAIR SHARE OBLIGATION Prior Round Obligation The Township received a Final Judgment of Mount Laurel Compliance and Repose on June 21, The court-approved 2011 Fair Share Plan addressed Livingston's entire 375-unit prior Round Obligation, which consists of the Adjusted Second Round Obligation of 193 units and a Current Obligation of 182 units. Based on the 2011 Fair Share Plan, the Township had 17 surplus credits that will be included in the 2015 Fair Share Plan. See Table 14. TABLE 14: Prior Round Credits (2011) Prior Round Obligation (Adjusted Prior Round Obligation +Current Obligation) Required Obligation Credits Status Inclusionary Developments 182 The Fairways/Rosedale Manor 32 Completed Cedar Street Commons 33 Completed Pulte Homes (JKHA) 45 Construction Pending TMB 12 Approved The Hillside Club 16 Completed Parkview Heights (Squiretown) 44 Under Construction RCA Funding 64 Regency Club 53 Completed Hillside Heights 11 Completed Supportive Special Needs Housing 55 Completed 12 locations 55 Assisted Living Facility 8 Care One at Livingston 8 Completed Rental Bonus Credits 83 Court Approved Second Round Plan 37 Completed Additional Rental Units 46* Per Agreements Total Prior Round Credits 392 Surplus 17 *This figure is based on the maximum number of permitted credits under the COAH regulations. The actual number of rental affordable units governed by either agreements or builder s remedy orders is greater. 27

34 Rehabilitation As per COAH's revised Third Round rules in 2008, Livingston s Rehabilitation Obligation was determined to be 17 units. The 2011 Fair Share Plan included a total of 6 housing units that had been rehabilitated under the Essex County Home Improvement Program. As a result, the Township s Rehabilitation Obligation remaining to be met at that time had been reduced to 11 units. These units are included as a part of the 2015 Fair Share Plan. See Table 15. TABLE 15: 2011 Rehabilitation Credits Required Obligation Credits Status Rehabilitation 17 Essex County Home Improvement Program 6 Completed Total Rehabilitation Credits 6 Remaining Units 11 Supportive/Special Needs The following supportive/special needs housing facilities (totaling 55 bedrooms) were included in the Township s court approved 2011 Fair Share Plan and continues to operate. TABLE 16: Supportive/Special Needs Group Home Provider Bedroom Count The Arc of Essex County, Inc. 12 The Federation of Multicultural Programs 5 Jewish Service for the Dev Disabled 4 Project Live IX Inc. 5 Cerebral Palsy of North Jersey 6 Universal Institute 23 28

35 Pending RCA s Two RCA s involving a total of 22 units that were part of the Second Round Plan approved by the Superior Court in 1997 were fully executed and funded, but not implemented due to a subsequent legislative ban. These units were not credited in the 2011 Fair Share Plan to address the cumulative Prior Round obligation of 375. Livingston has been released from its contractual obligations with the City of Linden and, the RCA funds in the amounts of $275,000 and $385,000 were placed in the Affordable Housing Trust Fund and thus are available for other affordable housing purposes as part of the updated Affordable Housing Spending Plan. 29

36 PROJECTS INCLUDED IN THE 2011 FAIR SHARE PLAN Age-Restricted: Care One, LLC Care One at Livingston (Block 6101; Lot 32) is licensed by the NJ Department of Health and Senior Services. This facility contains 93 units, of which 10% are reserved for persons on Medicaid. Nine (9) credits were applicable for the prior round, but Livingston inadvertently took credits for only 8 units in the 2011 Fair Share Plan. The 2015 Fair Share Plan includes the 1 previously omitted credit. Inclusionary Development The sites discussed below are applications that were approved by the Planning Board in the past 5 years and include affordable housing units planned as a part of the development. The affordable housing units were credited in the 2011 Fair Share Plan. [1] Parkview Heights (Squiretown, LLC). This acre site includes Lots 35-37, 42 and in Block The property was designated for inclusionary zoning in the 2011 Fair Share Plan pursuant to the Superior Court s order issued on October 27, 2010 directing that the site be rezoned to permit a total of 220 dwelling units (representing a modest reduction from the request to allow 250 units), with a 20% set aside for affordable rental units or 44 units. The project was approved on April 2, 2013 by the Planning Board. Construction is ongoing. Parkview Heights (Squiretown Properties, LLC) 30

37 [2] The Hillside Club. On The Hillside Club December 20, 2011, the Planning Board approved this application for 64 market rate units and 16 affordable housing units. The development was completed in November 2015, and all 16 affordable tenants have moved in. This property was rezoned pursuant to a builder s remedy ordered by the court in 2010 and thus included in the 2011 Fair Share Plan. [3] TMB. The TMB site (Block 7001, Lot 1) is located at the intersection of South Orange Avenue and White Oak Ridge Road. The site is acres in size and currently contains a child-care center. In June of 2012, the Planning Board approved a total of 62 units at a density of 14.6 units per acre, including 12 affordable rental units, of which 1 unit will be for a very low income household, and 50 market rate units. The rezoning and site plan approval were based on a prior agreement that resulted in inclusion of this inclusionary development in the 2011 Fair Share Plan. Construction has not yet started. [4] Pulte Homes of NJ (JKHA). This inclusionary development was also included in the 2011 Fair Share Plan pursuant to a settlement agreement which was Pulte Homes of NJ/ JKHA 31

38 amended in June 2015 to increase the number of affordable units from 45 units to 51 rental multifamily units, representing an increase of 6 affordable units. The site plan application was approved by the Planning Board in December 2015, and construction is expected to commence shortly. The additional 6 affordable units are included in the 2015 Fair Share Plan. 32

39 2015 FAIR SHARE PLAN In adopting its housing element, a municipality may provide for its fair share of low and moderate income housing by means of any technique or combination of techniques that provide a realistic opportunity for the provision of the fair share. Subsequent to the approval and adoption of the 2011 HEFSP, the Township has been active in analyzing and approving a number of housing projects included in Table 18. The 2015 Fair Share Plan includes the following projects and initiatives: Pulte Homes of NJ (JKHA) (additional affordable units) Maramark Builders Health Resources of NJ Brandywine Senior Living Supportive/Special Needs Housing Sewer Connection Fees Home Rehabilitation First Month Rental Payments Additionally, the 2015 Fair Share Plan contains the description of existing credits intended to satisfy the obligation and mechanisms that will be used to meet any outstanding obligation. Livingston s 2015 Fair Share Plan describes the projects and strategies the Township proposes to address its affordable housing obligation. The three components by this plan are: Prior Round Obligation Rehabilitation Obligation Prospective Obligation 33

40 FAIR SHARE OBLIGATION Prior Round Obligation Pursuant to the 2011 Fair Share Plan, the Prior Round Obligation of 375 units was met through onsite affordable housing units, RCA units, state-licensed supportive/special needs housing, eligible units in an existing assisted living facility, and previously approved rental bonus credits. At the time of approval of the 2011 Fair Share Plan, the Township had 17 surplus credits. Rehabilitation Obligation The Rehabilitation Obligation involves existing housing that is affordable to low- or moderateincome residents and requires repair, replacement or upgrading of at least one major structural element. According to COAH rules, the cost of rehabilitation should average at least $10,000 per unit for a rehabilitated housing unit to satisfy the fair share rehabilitation component. Affordability controls to ensure that the unit remains affordable to low- and moderate-income residents for a period of 10 years are also required. As per COAH's revised Third Round rules in 2008, Livingston s Rehabilitation Obligation was determined to be 17 units. At the time of approval of the 2011 Fair Share Plan, 6 units had been rehabilitated, thus reducing the then remaining number of units to 11. Since approval of the 2011 Fair Share Plan, 1 housing unit has been rehabilitated under the Essex County Home Improvement Program and 5 housing units have been rehabilitated under the Livingston Home Improvement Program. As a result, the Township's Rehabilitation Obligation remaining to be met has been reduced to 5 units. See Table 17. The Township employs CGPH to affirmatively market and administer the Township s Rehabilitation Program. TABLE 17: 2015 Rehabilitation Credits Required Obligation Credit Status Rehabilitation 11 Essex County Home Improvement Program 1 Completed Livingston Home Improvement Program 5 Completed Total Rehabilitation Credits 6 Remaining Units 5 34

41 Livingston continues to participate in the Essex County Home Rehabilitation Program, which, along with the Township s successful program should fully address these remaining units. In order to further encourage this program. Prospective Obligation The Township s current housing obligation is 69 based on the VLA (Appendix A-1). This HEFSP proposes various potential projects to provide additional affordable housing, thus addressing unmet need. The 2015 Fair Share Plan addresses this obligation. 35

42 FAIR SHARE PLAN Existing & Approved Projects The 2011 Fair Share Plan included 45 affordable housing units for the Joseph Kushner Hebrew Academy (JKHA) as per a court approved agreement between the Township and JKHA. The agreement was revised in 2015 to include 51 affordable units representing an increase of 6 units. One (1) additional credit for Care One at Livingston is counted due to the inadvertent omission of this credit in the 2011 Fair Share Plan. In the past four years, two new group homes were constructed with 4 bedrooms in each home. The Township qualifies for 8 credits for these two group homes. The Planning Board recently approved two age-restricted housing projects; Health Resources of NJ and Brandywine Senior Living, which contain 124 and 120 units, respectively. These two projects include 15 and 12 Medicaid beds, respectively, that qualify for credits. The Planning Board approved a 13-lot subdivision (Maramark Builders) that includes a two-family home reserved for low and moderate income families. The Township qualifies for 2 credits. TABLE 18: Post 2011 Credits Credits Care One at Livingston (previously omitted credit) 1 INCLUSIONARY DEVELOPMENTS Pulte Homes (JKHA) (additional affordable units) 6 GROUP HOMES CPNJ-191 Laurel Avenue 4 ARC of Essex County-7 Beacon Avenue 4 Total Group Homes 8 APPROVED PROJECTS Maramark Builders (Subdivision) 2 Age-restricted Housing Health Resources of NJ- Assisted Living Facility 15 Brandywine Senior Living 12 Total Affordable Housing Units 44 36

43 Potential Affordable Housing Credits Despite the uncertainty of statewide affordable housing regulations at this time, Livingston considers production of affordable housing as a long-term policy objective and has been actively involved in increasing the affordable housing inventory. Table 19 includes potential developments. TABLE 19: Inclusionary Zoning Site # Site Identification Credits [1] Ochs property 12 [2] 290 South Orange Avenue 14 [3] Block 2504, Lot 23 & [4] Block 6101, Lot 2 8 [5] Block 107, Lot 8.011, AH Zone 18 Total Potential Housing Credits 69 Potential Inclusionary Development Two developers (Sites [1] and [2]) have expressed an interest in building affordable housing within the Township. Based on the VLA, one property is vacant, while two other properties are underutilized. These properties have potential to be developed for inclusionary housing and are summarized below: [1] Ochs Property. This property consists of a three tax lots; lots 7, 8 and 16 in Block 7600 and measures approximately 4 acres. The property is located mid-block, extends through the block with frontages on both East Cedar Street and Old Short Hills Road, and contains a single-family house and a former cider mill. Lots 7 and 8 lie fully within the R-3 Zone and Lot 16 lies fully within the R-1 Zone. Proposed re-zoning will require 12 affordable units as part of the inclusionary development. 37

44 [2] 290 South Orange Ave. This property consists of a single tax lot, Lot 30, Block 6300, and measures approximately acres. The property is located on the southern side of South Orange Avenue and currently contains a singlefamily home. The property lies fully within the R-1 Zone. Ordinance No was adopted by the Township Council to include affordable units as part of the assisted living development (See Appendix A-5). [3] Block 2504, Lot 23 & 24. The site has approximately 15 acres of land, of which one acre of land has constraints. The remaining 14 acres of land is developable. The property currently contains a singlefamily home and lies fully within the R-3 Residence District. Based on the AHR standards, if the minimum density of 6 units/acre is applied to the net developable land (14 acres), then the site can be developed with 84 units including, a 20%, (i.e. 17 units) set aside for low and moderateincome housing. 38

45 [4] Block 6101, Lot 2. The site has approximately 10 acres of land, of which the northwesterly part of the property has environmental constraints. Approximately 3.5 acres is covered by wetlands. The property currently contains a single-family home and lies fully within the R-1 Residence District. If the minimum density of 6 units/acre is applied to the net developable land (6.5 acres), the site can be developed with 39 units including, a 20%, (i.e. 8 units) set aside for low and moderate-income housing. [5] Block 107, Lot The subject property is located along Eisenhower Parkway and encompasses 6.67 acres of land. The property lies fully within the AH, Adult Housing Zone. This property contains significant wetlands that cover approximately 4 acres of land, leaving 2.66 acres of developable land. The AH District is designed to permit assisted living facilities and adult housing as defined in and under the required conditions set forth in The ordinance requires a minimum lot area of 20 acres for an adult housing project and 6 acres for an assisted living facility. Since this property is a little over six (6) acres; it can be developed for an inclusionary age-restricted housing. 39

46 AFFORDABLE HOUSING SPENDING PLAN The Affordable Housing Spending Plan addresses anticipated revenues, collection of revenues, and the use of revenues, and was prepared in accordance to NJAC 5: The first Spending Plan was adopted in November 2011 and approved by COAH in January A proposed updated Spending Plan has been prepared, which will require formal approval action by the Township Council. All collected revenues are placed in the Township s Affordable Housing Trust fund and will be dispensed for affordable housing activities. Pursuant to the Spending Plan, Livingston may use the funds in the trust fund for any of the below listed items, pursuant to NJAC 5:97-8.7(a): Rehabilitation program, New construction of affordable housing units and related development costs; Extensions or improvements of roads and infrastructure directly serving affordable housing development sites; Acquisition and/or improvement of land to be used for affordable housing; Purchase of existing market rate or affordable housing; Green building strategies designed to be cost-saving for low- and moderate income households, either for new construction that is not funded by other sources, or as part of necessary maintenance or repair of existing units; Maintenance and repair of affordable housing units; Affordability assistance; and Repayment of municipal bonds issued to finance low- and moderate-income housing activity. Based upon the projected development activity, Livingston expects to collect about $1,864,500 during the period Development Fee Ordinance A Development Fee Ordinance was adopted by the Township Council on May 17, 1997, and it was subsequently amended (Appendix A-5). The mandatory fees will continue to provide funding for the Township s 2015 Fair Share Plan. Funds may be used for any activity approved for addressing the Township s low- and moderate-income housing obligations and may include costs associated with housing rehabilitation, contributions to the cost of new construction, purchase of land for 40

47 affordable housing, extending or improving roads and infrastructure serving low- and moderateincome housing, assistance designed to render units to be more affordable to low- and moderate- income residents and administrative costs as permissible under COAH rules and regulations. Development Fees are 1.5% of the equalized assessed value for residential and 2.5% for nonresidential. Livingston currently has a fund of approximately $3 million available for affordable housing purposes. Description of Anticipated Use of Development Fees The Township shall utilize the following procedures to determine the use of Development Fees: 1. The Township shall dedicate no more than 20 % of the development fees which are collected each year for: a. administrative purposes, including legal and consultant fees to develop or; b. implementation of the Housing Plan: rehabilitation; creation of accessory apartments; new construction; affirmative marketing programs; and income qualification. 2. The Township shall devote at least 30 % of the development fees collected each year to render units more affordable, as follows: affordability assistance such as down payment assistance, rental assistance, and related items as provided in N.J.A.C. 5: (c). 41

48 MONITORING The Township has continued to complete and submit to COAH all monitoring forms included in monitoring requirements related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, and any other funds collected in connection with the Township's affordable housing program, as well as the expenditure of revenues and implementation of the plan certified by COAH. AFFIRMATIVE MARKETING PLAN The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by a developer/sponsor, municipality and/or designated administrative agency of affordable housing. The plan addresses the requirements of N.J.A.C. 5: In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin. The Township of Livingston is in the housing region consisting of Essex, Morris, Union, and Warren Counties. The affirmative marketing program is a continuing program administered by Community Grants Planning and Housing (CGPH). 42

49 ADDITIONAL POTENTIAL ACTIONS Recognizing the need to address the Township s affordable housing obligation and subject to pending new regulations or Court guidance, Livingston has implemented, or is in the process of developing, additional measures to increase the affordable housing inventory. Supportive/Special Needs Housing Affordability Assistance Livingston Home Rehabilitation Program Essex County Home Rehabilitation Program Inclusionary Development/Mixed-use Inclusionary Development Overlay Zoning Scattered Sites / 100% Affordable Housing Down Payment/Closing Cost Assistance Market to Affordable Program Supportive/Special Needs Housing Supportive and special needs housing (formerly known as alternative living arrangements) can be used to address a municipal housing obligation. Supportive and special needs housing may include: transitional housing; Class A, B, C, D and E boarding homes as licensed and/or regulated by the New Jersey Department of Community Affairs and/or the New Jersey Department of Health and Senior Services; residential health care facilities as licensed and/or regulated by the New Jersey Department of Health and Senior Services; group homes for people with developmental disabilities and/or mental illness as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements. Two (2) new group homes, CPNJ at 191 Laurel Avenue and ARC of Essex County at 7 Beacon Avenue for a total of 8 bedrooms are eligible for credits. $154,000 was contributed from the Township s Affordable Housing Trust Fund to CPNJ for the Laurel Avenue facility and $400,000 was contributed to the ARC of Essex County. Livingston has 12 existing group home facilities in the Township and efforts are being made to encourage partnerships with additional providers. The Township is currently considering partnerships with the following: 43

50 Our House, Inc. is a private, non-profit organization that provides services to individuals with developmental disabilities. They have group home facilities in several nearby communities. They are currently exploring 2 locations to accommodate 4-bedroom homes. SERV Behavioral Health System Inc. is a private, non-profit behavioral health care organization serving adults with serious mental illness or developmental disabilities throughout the State. They are currently exploring a location to accommodate a 3 to 4- bedroom facility. The Township s standard is to contribute $100,000 per bed. Affordability Assistance The Township has an affordability assistance program which designates funds from its affordable housing trust fund for sewer connection fees, and direct first month s rental payments assistance for individuals and families moving into deed restricted units. The properties shown in Table 20 were supported through this program. TABLE 20: Affordability Assistance Projects Sewer Connection Fees The Hillside Club 16 Affordable Units ($2,500/unit) Parkview Heights (Squiretown, LLC.) 44 Affordable Units ($2,500/unit) Pulte Homes/JKHA 51 Affordable Units ($2,500/unit) First Month Rent ** Funds $40,000 $110,000 $127,500 * Cedar Street Commons $8,719 The Hillside Club 16 Affordable Units. $13,314 Squiretown LLC (44 units) $44,000 * Pulte Homes of NJ (51 units) $51,000 * * Budgeted ** Ongoing program available to all inclusionary developments. 44

51 Livingston Home Rehabilitation Program The Township s Home Rehabilitation Program provides funding in the form of a 0% 10-year forgivable loan up to $25,000, to assist low- and moderate-income residential property owners to undertake essential home repairs and improvements. These improvements can range from minor repairs to substantial roof and structural renovations. The goal of this program is to (1) preserve the affordable housing stock; (2) provide a suitable living environment for the occupants; and (3) eliminate blighting influences. The Township has designated CGPH to administer this program. A copy of the Rehabilitation Manual and Affirmative Marketing Plan was filed with COAH. To date, the Township has funded improvements totaling $98,833 for the properties shown in Table 21, and is committing additional use of Affordable Housing Trust funds for 10 units. TABLE 21: Livingston Home Rehabilitation Program Address Block / Lot Funding 101 Irving Avenue Block 4201; Lot 2 $17, West McClellan Block 1001; Lot 27 $16, Irving Avenue Block 4302; Lot 19 $21, Hillside Terrace Block 3902; Lot 34 $18, Bennington Rd Block 4704; Lot 9 $25,000 Essex County Home Rehabilitation Program This program is funded through the Community Development Block Grant Program and offers deferred loans to low- to moderate-income homeowners to make improvements on heating systems, roofing, plumbing, electrical and code violation abatements. Participants must follow program procedures and meet income guidelines. A lien is recorded against the property, which must be paid only if the homeowner sells or transfers ownership of the property within a 10-year period. The property located at 29 Fellswood Drive was rehabbed and credited toward the 2015 Fair Share Plan. To meet the future rehabilitation of substandard properties, Livingston can utilize funds in the Affordable Housing Trust Fund. 45

52 Scattered Sites / 100% Affordable Housing Project The Township would provide existing Township-owned properties in residential districts for the purpose of constructing affordable housing. The Township has identified 34 Township owned sites (see Appendix A-6) that have access to public water & sewer. The Township may enter into an agreement with Habitat for Humanity to convey a total of 5 Township owned properties for the construction of affordable single and/or two-family homes. Owner occupied affordable units are expected to be constructed within the Township by December 31, New Jersey Community Capital has confirmed its interest in partnering with the Township to utilize existing foreclosed properties as 100% affordable housing sites. They are in the preliminary stages of identifying a property that would be deed restricted in accordance with regulations. The Township would set aside housing trust funds to make the project financially viable. Down Payment/Closing Cost Assistance The major objective would be to increase the supply of affordable housing for low and moderate income families. The goal of this program is to help families achieve their dream of homeownership. Grants made available under this initiative may be used only for down payment assistance toward the purchase of single-family housing by eligible families. Market to Affordable Program COAH rules authorize credits against fair share obligations, up to a cap, for municipal programs that purchase existing market-rate housing. The Township has been in discussions with Cedar Street Commons to subsidize the difference between the cost to acquire and the restricted price or rent of the housing for five (5) income eligible households. This would be accomplished utilizing funds in the Township s Affordable Housing Trust Fund. 46

53 Approved Age-Restricted Housing Brandywine Senior Living (Block 2104, Lots 43 & 44). The Planning Board recently approved a 120-unit senior living facility to be located at the corner (northern intersection) of Route 10 (E. Mount Pleasant Avenue) and Force Hill Road. 10% of these units are reserved for affordable housing. The Township qualifies for 12 credits for this project. Additionally, the developer has paid $213,586 in development fees which has been deposited to the Affordable Housing Trust Fund. Health Resources of NJ (Block 7300, Lot 4.02). The Planning Board recently approved a 124-unit assisted living facility to be located on East Cedar Street. The Township qualifies for 15 credits for this project. 47

54 Mixed-Use Overlay Zoning The Township is currently working on creating one or more mixed-use overlay zones. The concept is intended to allow greater flexibility of development alternatives, especially attractive higher density residential development and live-work buildings, in appropriate areas of the Township. The overlay zoning would allow development that would not be possible under the strict application of other sections of our Code. The overlay zoning would allow a reasonable mixture of retail, service, office, housing, and livework units to co-exist in a manner that reflects human scale and emphasizes pedestrian orientation, taking advantage of the vitality that mixed use can bring to the Livingston community. The overlay zoning is not intended to force a net decrease in commercial square footage in the Township, but instead is intended to allow additional uses in combination with commercial uses in the areas to which the overlay zoning is applied. More specifically, the intent of a mixed-use overlay zoning is to accomplish the following objectives: a) To provide additional housing options for people including, but not limited to, young professionals and older people who want to live near their workplace and/or near retail and other non-residential uses; b) To provide a meaningful blend of residential and non-residential uses that enhances and builds upon the Township s non-industrial commercial base; and, c) To encourage mixed-use projects that combine residential with nonresidential uses in the same building or building site area as a means to create an active street life, enhance the vitality of businesses, and reduce the need for automobile travel. Superimposed Nature of the Overlay Zoning The mixed use would be in the nature of an overlay zone. Land classified in a mixed-use overlay zone will also be classified in one or more underlying zones. Properties so classified will be identified on the zoning map by both the underlying zone and the mixed-use overlay zone. See Table 22. Focus Area With application of the mixed-use overlay zoning, the Township will seek to take advantage of 48

55 development opportunities in key areas in the commercial zones (B, B-1 and B-2) along the three main streets of the Township; Mt. Pleasant Avenue (Route 10), Northfield Road and Livingston Avenue; due to their existing mixed-use character, municipal services and New Jersey Transit bus lines running along the corridor. Each presents unique opportunities and challenges. Housing The focus area includes 200 properties aggregating approximately 130 acres of land. The Township is currently conducting an in-depth analysis of these properties. Some have environmental constraints and the actual buildable area for each property has yet to be calculated. In addition, determination must be made as to whether the properties can provide the required offstreet parking to support the mixed use. Assuming mitigation is achieved, the hypothetical maximum number of apartments that could be constructed is shown in the following table. As many as 105 affordable units could be generated at a 10% set-aside or a higher ratio may be appropriate. A final determination has not yet been made. Zone Total Acres Square Feet TABLE 22: Mixed-Use Overlay Zoning Allowable FAR Planned Inclusionary Residential Development. Total Building Area Each Floor 1 No. of Apartment 2 B 27 1,176,120 45% 529, , B ,920,400 45% 1,764, , B ,720 30% 235, , Total The building height restriction in these zone is 28 feet i.e. 2 floors. For the purpose of this analysis, we assume that the total allowable building area is equally distributed on each floor and so the building area is divided by 2. It also assumes that ground floor is reserved for commercial use while, the second floor is residential. 2. For the purpose of this analysis, we assume that the average apartment size is 1,200 square feet. Cedar Hill Golf & Country Club (Block 6001, Lot 75). This property is zoned R-1 and is approximately 147 acres of which 42 acres (30%) are wetlands and flood hazard areas. The 2007 Master Plan recommends an overlay zone for planned inclusionary residential development with not less than 25% of units reserved for affordable housing and not less than 50% of area (in addition to wetlands and flood hazard areas) preserved as open space. The recommended overlay 49

56 zoning would result in 52.5 acres being subject to inclusionary development. If the site were developed at a density of 6 units per acre, it could provide up to 315 units, including up to 79 affordable units. Mixed-Use Inclusionary Development in the C-I, Commercial Industrial Zone Vacant buildings or under-utilized properties in the C-I Zone, offer a unique opportunity to introduce residential uses in conjunction with retail/commercial use. The C-I Zone requirement currently has a maximum height of 28 feet, a maximum floor area ratio of 0.30% and a maximum impervious coverage of 75%. The zone contains some large parcels that are either vacant or under-utilized. The 2007 Master Plan Re-examination Report suggested that the Township consider amending the current zoning ordinance to accommodate mixed-use inclusionary zoning. As part of the 2017 Master Plan Re-examination Report, the Township will be evaluating individual parcels in the C-I Zone to find if this option is feasible. Some of the properties that are vacant or under-utilized contain significant environmental constraints and therefore, an in-depth analysis of each of the property in this zone is required to determine the realistic developmental potential. The Township defers decisions to make any changes to the current zone until the completion of this study. Re-Use of Privately Developed Sites Prior to permitting any reuse or redevelopment of private properties, the Township would first evaluate such properties for housing suitability. The four properties listed below are privatelyowned and range between acres. These properties currently have an office or commercial use, and therefore are not listed on the vacant land inventory (2015 MOD IV Tax data). Livingston Corporate Park The property consists of tax lot; 50, Block 6101 and is approximately acres with significant wetlands and lies fully within the R-L Research Laboratory Zone. The site is currently developed with an office building, surface parking and related improvements. However, the owner has indicated that the office building is underperforming and has a high vacancy rate. The owner has expressed interest in redeveloping the property for multi-family housing. Township representatives met with the owner in August 2015 and requested additional information to assess appropriate multifamily density. The information has not been provided, and thus a specific rezoning proposal has not yet been developed. If the property is 50

57 redeveloped, the Township will ensure that 15-20% of the units are set aside for affordable housing. Former Gibbs College This property consists of 16 acres of land on Lot 3 in Block 100 at the intersection of West Mt. Pleasant Avenue (Route 10) and Okner Parkway in the C-I Zone. It contains a vacant former industrial building, and a largely vacant building that had been converted to house Gibbs College. The property is partially occupied by a seasonal haunted house amusement/attraction and a car dealership that rents a portion of the rear parking lot, leaving the remainder of the property vacant. This property is currently fully leased and the owner has not expressed any interest in redeveloping the property. Former Lexus Dealership This site consists of two tax lots; lots 3 and 4 in Block 101 that encompasses a total of approximately 4 acres of land. The site is located along the north side of West Mt. Pleasant Avenue (Route 10) and lies fully within the C-I Zone. The property is currently vacant. With the buildings having been demolished recently, the property has potential to be developed with inclusionary mixed-use development. Former Foster Wheeler This site consists of approximately 6.5 acres of land on Lot 17 in Block 6100 in the R-L Research Laboratory Zone. It contains a vacant commercial building. The property has significant environmental constraints including, wetlands and floodplains. The property and its surrounding area are prone to flooding and 51

58 which severely impacts the functioning of the existing businesses during such situations; hence, this property is not suitable for inclusionary residential development. 52

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61 SUMMARY & CONCLUSIONS In summary, for the past 20 years the Township of Livingston has continued to address its obligation to provide a reasonable opportunity for provision of its fair share of the regional need for affordable housing. A Second Round Housing Element and Fair Share Plan ( HEFSP ) was adopted in 1997 and was approved by the Superior Court by the subsequent entry of a compliance judgment. The courtapproved Second Round HEFSP included a vacant land adjustment in accordance with statutory and regulatory authorization that reduced the obligation from 375 units to 193, resulting in an unmet need of 182. The Second Round HEFSP was fully implemented, except for 2 fully-funded Regional Contribution Agreements of 11 units each that were barred from implementation by legislation adopted in A HEFSP addressing Livingston s Third Round obligation (excluding the invalidated growth share component) was adopted in April 2011 and approved by the Superior Court by entry of a compliance judgment in June The 2011 HEFSP was the result of litigation involving properties that were excluded from rezoning under the 1997 HEFSP because the properties were not vacant at that time, or were vacant but the Realistic Development Potential was addressed through other means. The 2011 HEFSP included a 2011 Fair Share Plan that fully addressed Livingston s prior round obligations, consisting of the adjusted Second Round obligation of 193 units addressed by the 1997 HEFSP and the remaining obligation of 182 units (prior unmet need). This was achieved largely by rezoning for redevelopment properties that were not vacant at the time of the 1997 HEFSP. The 2011 Fair Share Plan approved by the Superior Court in 2011 included 17 excess credits and also fully addressed Livingston s Rehabilitation Obligation of 17 units through prior credits and a continued plan of action. The present 2015 Fair Share Plan demonstrates that the 4 inclusionary development sites in the 2011 Fair Share Plan have all been approved for development, with one now having been completed, construction underway on another and the construction pending on the third site. Notwithstanding continuing uncertainty as to COAH s Third Round regulations, since 2011 Livingston took various other actions to provide additional affordable housing (as noted in this Fair Share Plan), including group home funding and funding to assist affordable housing in the 54

62 new inclusionary developments. A thorough and exhaustive new analysis of all vacant properties within the Township, as set forth in the VLA in Appendix A-1, has been performed in accordance with the statute and Second Round COAH regulations. This analysis shows that Livingston has very little vacant land that might be rezoned for inclusionary development to provide additional affordable housing. Accordingly, Livingston s adjusted affordable housing obligation has been determined to be 69, consistent with the statute and regulations. Despite the lack of available developable vacant parcels, this Fair Share Plan presents a number of specific planning proposals and concepts to create affordable housing or the realistic opportunity for such housing in excess of the adjusted calculated obligation of 69 units. These alternative methods for facilitating and achieving Livingston s affordable housing goals are: Overlay zoning intended to stimulate mixed-use developments, which will require the redevelopment to address affordable housing obligations by not less than a 10% to 15% set-aside, with provisions for relaxation if economically infeasible. An active ongoing affordable housing rehabilitation program with minimum affordability controls of 10 years Affordable housing has been a consideration in every significant land use application in Livingston, and, as a result, within the last three years the following land use developments have been approved with an aggregate of 35 additional affordable housing units. o Pulte Homes of NJ o Maramark Builders o Brandywine Senior Living o Health Resources of NJ Livingston has had successful continuing relationships with several supportive/special needs organizations and will welcome two additional providers, Our House Inc, and SERV, reflecting the Township s desire to comply with its ongoing obligation; Livingston has an affordability assistance program which designates at least 30% of annual revenue for affordability assistance for rental units; The Township will utilize development fees collected for a Market to Affordable program; The Township plans is exploring supporting utilization of existing foreclosed properties as 55

63 affordable housing sites; Livingston is currently discussing a relationship with Habitat for Humanity to create 100% affordable single-family or two-family developments, on either Township-owned land or acquired parcels, to build low and moderate income housing with 30-year deed restrictions; A program has been established to provide the first month s rent for lower income households renting affordable units A fair and reasonable assessment of the actual state of affordable housing in Livingston and the Township s efforts to comply with its Mount Laurel obligation, including obtaining court approval to expend trust fund dollars, demonstrates a firm dedication to meeting affordable housing obligations. Livingston has committed the balance of approximately $3 million in its Affordable Housing Trust Fund to support affordable housing, and will continue, in good faith, to honor and implement this plan and add to its stock of affordable housing. 56

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69 APPENDIX A-4 ORDINANCE NO ORDINANCE OF THE TOWNSHIP OF LIVINGSTON AMENDING CHAPTER 170 OF THE CODE OF THE TOWNSHIP OF LIVINGSTON WHEREAS, inclusionary development of assisted living facilities meets health, public safety and social needs, is an appropriate means of advancing the objective of providing affordable housing, and can be encouraged at appropriate locations by providing specific reductions in minimum lot size requirements, limited increases in permitted density and building height and other bulk changes; NOW, THEREFORE, BE IT ORDAINED, by the Township Council of the Township of Livingston, in the County of Essex, State of New Jersey, as follows: Section I of the Code of the Township of Livingston, as heretofore amended, is further amended by deleting language shown by strikethrough and adding language designated by bold as follows: (1) Assisted living facility, congregate senior living facility, independent senior living facility and nursing home. An assisted living facility, congregate senior living facility, independent senior living facility or nursing home, as defined in 170-3, shall be permitted in any zone, except the AH, R-5A, R-5B, R-5C, R-5D, R-5E, R-5F, R-5G, R-5H, R-5I, R6 and WRC Zones, as a conditional use, provided that all of the following requirements are met: (1a) Location: Road frontage and direct access must be available to any one of the following roads or highways: Eisenhower Parkway, Livingston Avenue, Mount Pleasant Avenue, Northfield Road, Old Short Hills Road, Passaic Avenue or South Orange Avenue. (2b) Minimum lot size: 6 acres. (3c) Front yard: 100 feet. (4d) Side and rear yards: [(a)1] From residential property lines: 100 feet. [(b)2] From nonresidential property lines: 75 feet. (5e) Maximum building height: 35 feet. (6f) Maximum building coverage: 30%. (7g) Maximum impervious coverage: 50%. 1

70 (8h) Off-street parking shall be provided in accordance with the applicable provisions of , subject to adequate proofs that an increase in the proportion of handicapped spaces and/or additional off-street parking will not be required for the proposed use due to ownership of vehicles by residents or other reason, the minimum number of off-street parking spaces shall be as follows [(a)1] Assisted living facility: 0.5 spaces per dwelling unit. [(b)2] Congregate senior living facility: 1.25 spaces per dwelling unit. [(c)3] [(d)4] Independent senior living facility: as required by the State Residential Site Improvement Standards. Nursing home: 0.5 spaces per bed. (9i) Parking area and internal driveway setbacks. [(a)1] [(b)2] [(c)3] From public road right-of-way: 100 feet. From nonresidential property: 75 feet. From residential property: 100 feet. (10j) Maximum number of units per acre. [(a)1] Nursing home: 30. [(b)2] Assisted living facility: 20. [(c)3] Congregate senior living facility: 15. [(d)4] Independent senior living facility: 10. (11k) Buffer requirement. The site plan shall include a landscaped buffer area to provide appropriate screening of buildings and parking areas from any adjacent residential property and to provide appropriate buffering of the development from adjacent nonresidential uses, as determined by the Planning Board. (12l) Sign regulations. Signs are permitted subject to the following regulations: [(a)1] One freestanding sign with a maximum combined area of 30 square feet indicating the name of the building, with a minimum setback of 20 feet from the public right-of-way. Any illumination shall be limited to either indirect lighting or diffused lighting, and the source of any lighting shall be shielded in such a manner as to not be visible from the street or any adjoining residential property. 2

71 [(b)2] One additional freestanding sign not exceeding five square feet in area and three feet in height may be provided at each entrance/exit. [(c)3] One building facade sign with a maximum area of 20 square feet. (13m) Minimum number of units per lot: 50. (14) Maximum total number of units. The aggregate total number of dwelling units for which conditional use approval is granted under this Subsection I and Subsection J shall not exceed 5% of the total number of single-family detached dwelling units in Livingston Township 2. An inclusionary assisted living facility shall be permitted as a conditional use in any zone not excepted by subparagraph (1) above provided that all of the following requirements are met: (a) Location: Road frontage and direct access must be available to South Orange Avenue or Passaic Avenue. (b) Minimum lot size: (c) Required frontage width: (d) Number of units: (e) Maximum density: 3 acres. 200 feet. Not less than 102 units of which 13 are affordable to very low, low and moderate income persons, and not more than 105 units of which 14 are affordable to such persons units per acre. (f) Principal Building: One principal building (g) Maximum building height: 35 feet or 3 stories shall be set back 75 feet from the front street right-of-way line and 47 feet or 4 stories shall be set back 100 feet from the front street right-ofway line; provided, that where a height of 47 feet is allowed a parapet wall or mansard of up to an additional 6 feet in height to may be provided to shield rooftop appurtenances. (h) Required setbacks: [1] Front Yard: 3

72 [a] Principal building: 75 feet from front street right-of-way line, except that the portion of the building more than 35 feet or 3 stories high shall be set back 100 feet. [b] A gazebo, or other structure found to be similar by the Planning Board, shall be set back not less than 30 feet. [2] Side and rear yards: [a] From non-residential property lines: 25 feet. [b] From residential property lines: 25 feet, but not less than 150 feet from any dwelling existing on an adjacent residential lot on the date of enactment of this Ordinance No [3] Parking areas: [a] [c] From front street right-of-way line: Parking within the driveway shall not be less than 100 feet from the front street right-of-way line and shall not have more than 10 parking spaces. From side or rear property lines: 10 feet, except that no parking area shall be closer than 150 feet to any dwelling existing on an adjacent residential lot. (i) Maximum building coverage: 30% (j) Maximum impervious coverage: 60% (k) Off-street parking: As required by with the required number of parking spaces in accordance with the Residential Site Improvement Standards. (l) Sign regulations. [1] One freestanding ground sign, with a maximum combined area of 30 square feet, indicating the name and/or address of the building, and with a setback of 20 feet from the front street right-of-way line. The top of such sign shall not be more than six (6) feet above ground at the sign. Any illumination shall be limited to indirect ground lighting or diffused lighting, with the source of lighting shielded so as to not be visible from the street or adjacent property. [2] One wall sign facing the street or at the building entrance. If illuminated, lighting shall only be down- facing gooseneck lamps. (m) Buffer requirement. The site plan shall include 10-foot deep landscaped buffer areas to provide appropriate screening of buildings, 4

73 structures and parking areas from any adjacent residential properties, and to provide appropriate buffering of the development area from adjacent nonresidential uses. (3) Maximum total number of units. The aggregate total number of dwelling units (other than units affordable to very low, low and moderate income persons) granted conditional use approval under this Subsection I and Subsection J shall not exceed 5% of the total number of single-family detached dwelling units in Livingston Township. Section 2. Severability. The various sections, clauses, provisions and portions of the Ordinance are severable, and if any section, clause, provision or portion is declared invalid or unconstitutional by a court of competent jurisdiction all the remainder of this Ordinance shall remain in full force and effect. Section 3. Except as hereby amended, the Code of the Township of Livingston shall remain in full force and effect. Section 4. with law. This Ordinance shall take effect upon final passage and publication in accordance Michael M. Silverman, Mayor Approved as to form: Glenn R. Turtletaub, Township Clerk Sharon L. Weiner, Esq. Township Attorney Adopted: 11/9/15 5

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75 APPENDIX A-5 ORDINANCE No ORDINANCE OF THE TOWNSHIP OF LIVINGSTON UPDATING AND REPLACING EXISTING CHAPTER 170 ARTICLE XV ENTITLED DEVELOPMENT FEES OF THE CODE OF THE TOWNSHIP OF LIVINGSTON BE IT ORDAINED by the Township Council of the Township of Livingston, County of Essex, State of New Jersey, as follows: Section 1. Existing Chapter 170 Article XV, consisting of Sections to , is hereby superseded and replaced by a new Article XV to read as follows: ARTICLE XV. Development Fees Purpose. A. In Holmdel Builder s Association V. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27d-301 et çq., and the State Constitution, subject to adoption of rules by the Council on Affordable Housing (COAH). B. Livingston Township initially adopted an affordable housing development fee ordinance on May 17, 1997 (Ordinance No ), which was approved by the Superior Court by Order entered on September 22, 1997, as re-confirmed by a Final Judgment of Compliance entered by the Court on February 7, The development fee ordinance subsequently was codified as Article XV of Chapter 170 of the Township Code. C. Pursuant to P.L.2008, c.46, section 8 (N.J.S.A. 52:27D-329.2) and the Statewide Non Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of COAH or a court of competent jurisdiction and have a COAH-approved spending plan may retain fees collected from non-residential development. D. This new Article XV provides updated standards for the collection, maintenance and expenditure of development fees pursuant to COAH s regulations and in accordance P.L.2008, c.46, Sections 8 and Fees collected pursuant to this Article XV shall be used for the sole purpose of providing low- and moderate-income housing assistance. This Article XV shall be interpreted within the framework of COAH s rules on development fees, as codified in N.J.A.C. 5: Basic requirements. MEl v.2 1

76 MEl v.2 2 s Residential development fees. and TMB Partners, LLC v. Township of Livingston, et al. (Docket No. ESX-L ). land. State Definitions. N.J.A.C. 5: and N.J.A.C. 5: The following terms, as used in this Article XV, shall have the following meanings: Jersey in pending consolidated litigation entitled Joseph Kushner Hebrew Academy, Inc. Superior Court COAH has approved a plan for spending such fees in conformance with Affordable housing development means 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. COAH or the Council means the New Jersey Council on Affordable Housing established under the Act, which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning considerations in the Development fee means money paid by a developer for the improvement of property as permitted in N.J.A. C. 5: Developer means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such development on the environment and enhance the health, safety and well-being of Equalized assessed value means the assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5 and 6 of P.L.1973, c.123 (N.J.S.A. 54:1-35a through 35c). Green building strategies means those strategies that minimize the impact of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services. A. This new Article XV shall not be effective until approved by the Superior Court of New B. The Township of Livingston shall not spend developmcnt fees until upon referral by the A. Imposed fees.

77 MEl v.2 3 a development fee of six (6) percent of the equalized assessed value for each 3. Eligible exactions, ineligible exactions and exemptions for residential d. The expansion or improvement of an existing residential structure shall be a. Affordable housing developments, developments where the developer is c. Owner-occupied residential structures demolished and replaced as a result 2. When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) and one half (1.5) percent of the equalized assessed value for residential the equalized assessed value on the first 2 units; and the specified higher apply, a zoning andlor building permit shall be synonymous with b. Developments that have received preliminary or final site plan approval be the highest density permitted by right during the two-year period preceding the of the types of development specifically exempted below, shall pay a fee of one Within the Township of Livingston residential developers, except for developers development provided no increased density is permitted. (known as a d variance) has been permitted, developers may be required to pay additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the additional development fee shall filing of the variance application. development. Example: If an approval allows 4 units to be constructed on a site that was zoned for 2 units, the fees could equal one and one half (1.5) percent of percentage up to six (6) percent of the equalized assessed value for the 2 additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application. providing for the construction of affordable units elsewhere in the Township, and developments where the developer has made a payment in development fees. lieu of on-site construction of affordable units shall be exempt from prior to the adoption of the initial development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial preliminary or final site plan approval for this purpose. The fee change in the approval. Where a site plan approval requirement does not percentage shall be vested on the date that the building permit is issued. of a fire, flood, or natural disaster shall be exempt from paying a development fee. exempt from paying a development fee.

78 MEl v.2 4 the non-residential development fee shall be zero. the equalized assessed value of the land and improvements, for all new non fee, unless otherwise exempted below. 1. Non-residential developers, except for developers of the types of development A. Imposed fees Non-residential development fees. shall be calculated based on the difference between the equalized assessed value issued. If the calculation required under this section results in a negative number, the basis for the exemption no longer applies and shall make payment of the non 3. Development fees shall be imposed and collected when an existing structure is of the increase in equalized assessed value resulting from any additions to existing 2. Non-residential developers, except for developers of the types of development 2. The two and one half (2.5) percent fee shall not apply to an increase in equalized 4. A developer of a non-residential development exempted from the non-residential 3. Non-residential developments shall be exempt from payment of non-residential 1. The non-residential portion of a mixed-use inclusionary or market-rate B. Eligible exactions, ineligible exactions and exemptions for non-residential development. Area pursuant to a Redevelopment Agreement with the Township of Livingston shall be exempt from paying a redevelopment fee. specifically exempted, shall pay a fee equal to two and one-half (2.5) percent of residential construction on an unimproved lot or lots. specifically exempted, shall also pay a fee equal to two and one-half (2.5) percent demolished and replaced. The development fee of two and one-half (2.5) percent structures to be used for non-residential purposes. of the pre-existing land and improvements and the equalized assessed value of the newly improved structure and land at the time a final certificate of occupancy is development shall be subject to the two and one half (2.5) percent development assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs. P.L.2008, c.46, as specified in Form N-RDF State of New Jersey Non development fees in accordance with the exemptions required pursuant to Residential Development CertificationlExemption Form. Any exemption development fee pursuant to P.L.2008, c.46 shall be subject to it at such time as claimed by a developer shall be substantiated by the developer. residential development fee within three years after that event or after the issuance e. Residential development within the Livingston Center Redevelopment

79 of the final certificate of occupancy for the non-residential development, whichever is later. 5. If a property which was exempted from the collection of a non-residential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of termination of the property tax exemption. Unpaid non-residential development fees under these circumstances may be enforceable by Township of Livingston as a lien against the real property of the owner Collection procedures. A. Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for issuance of a building permit. B. For non-residential developments only, the developer shall also be provided with a copy of Form N-RDF State of New Jersey Non-Residential Development Certification/Exemption to be completed as per the instructions provided. The construction official shall verify the information submitted by the non-residential developer as per the instructions provided in Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF. C. The construction official responsible for the issuance of a building permit shall notify the Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee. D. Within 90 days of receipt of that notice, the Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development. E. The construction official responsible for issuance of a final certificate of occupancy shall notify the Tax Assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee. F. Within 10 business days of a request for the scheduling of a final inspection, the Tax Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development, calculate the development fee, and thereafter notify the developer of the amount of the fee. G. Should the Township of Livingston fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in subsection b. of section 37 of P.L.2008, c.46 (N.J.S.A. 40:55D-8.6). MEl v.2 5

80 H. Fifty percent of the estimated development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of a certificate of occupancy. Appeal of development fees. 1. A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees will be placed in an interest bearing escrow account by the Township of Livingston. Appeals from a determination of the Board may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party. 2. A developer may challenge non-residential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest bearing escrow account by the Township of Livingston. Appeals from a determination of the Director may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party Affordable Housing Trust Fund. A. There is hereby created a separate, interest-bearing Affordable Housing Trust Fund to be maintained by the Chief Financial Officer for the purpose of depositing development fees collected from residential and non-residential developers and proceeds from the sale of units with extinguished controls. B. The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount: 1. Payments in lieu of on-site construction of affordable units; 2. Developer contributed funds to make ten percent (10%) of the adaptable entrances in a townhouse or other multistory attached development accessible; 3. Rental income from municipally operated units; 4. Repayments from affordable housing program loans; 5. Recapture funds; 6. Proceeds from the sale of affordable units; and 7. Any other funds collected in connection with the Township of Livingston s affordable housing program. MEl v.2 6

81 C. Following final approval, the Township of Livingston shall provide COAH with written authorization, in the form of a three-party escrow agreement between the Township, the bank and COAH to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5: (b). D. All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH Use of funds. A. The expenditure of all funds shall conform to a spending plan approved by COAH following referral by the Superior Court of New Jersey. Funds deposited in the housing trust fund may be used for any activity approved by COAH to address the Township of Livingston s fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, regional housing partnership programs, conversion of existing non-residential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5: through 8.9 and specified in the approved spending plan. B. Funds shall not be expended to reimburse the Township of Livingston for past housing activities. C. At least 30 percent of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the Housing Element and Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30 percent or less of median income by region. 1. Affordability assistance programs may include down payment assistance, security deposit assistance, low interest loans, rental assistance, assistance with homeowners association or condominium fees and special assessments, and assistance with emergency repairs. 2. Affordability assistance to households earning 30 percent or less of median income may include buying down the cost of low or moderate income units in the municipal Fair Share Plan to make them affordable to households earning 30 percent or less of median income. MEl v.2 7

82 MEl v.2 8 assistance requirement. affordability assistance, in accordance with N.J.A.C. 5: expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20 percent of expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH s monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council s regulations and/or action are not eligible uses of the affordable housing trust fund. monitoring requirements related to the collection of development fees from residential and non E. No more than 20 percent of all revenues collected from development fees may be any part of its Housing Element and Fair Share Plan, including the requirement for the revenues collected from development fees shall be expended for such administrative Monitoring. The Township of Livingston will complete and return to COAH all monitoring forms included in residential developers, payments in lieu of constructing affordable units on site, funds from the from affordable housing program loans, and any other funds collected in connection with the Ongoing collection of fees. sale of units with extinguished controls, barrier free escrow funds, rental income, repayments and implementation of the plan approved by the court. All monitoring reports will be completed shall expire with its judgment of compliance from the Superior Court in consolidated court, has petitioned for substantive certification and/or has received further court A. The ability of Township of Livingston to impose, collect and expend development fees on forms designed by COAH. Township of Livingston s affordable housing program, as well as to the expenditure of revenues litigation entitled Joseph Kushner Hebrew Academy, Inc. and TMB Partners, LLC v. approval of the development fee ordinance. If the Township of Livingston fails to renew Township of Livingston, et al. (Docket No. ESX-L ) unless the Township of Livingston has filed another adopted Housing Element and Fair Share Plan with the of compliance, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund established pursuant to section 20 of P.L.1985, c.222 development fee on a development that receives preliminary or final site plan approval (N.J.S.A. 52:27D-320). The Township of Livingston shall not impose a residential D. The Township of Livingston may contract with a private or public entity to administer its ability to impose and collect development fees prior to the expiration of the judgment of units with extinguished controls shall be exempt from the affordability 3. Payments in lieu of constructing affordable units on site and funds from the sale

83 full force and effect. Section 2. Except as hereby amended, the Code of the Township of Livingston shall remain in MEl v.2 9 Introduced: Adopted: c /,, /i / SHON L. WEINER, Township Attorney L L$ Approved as to form: GLENN R. TURTLETAUB, Township Clerk / )77/;) RUFINODEZ, JR. Mayor v. Township of Livingston, et al. (Docket No. ESX-L9.j26-O7). in accordance with the law and approval by the Superior Court of New Jersey in pending Section 3. This new Article XV shall take effect twenty days from final passage and publication consolidated litigation entitled Joseph Kushner Hebrew Academy, Inc. and TMB Partners, LLC retroactively impose a development fee on such a development. The Township of Livingston shall not expend development fees after the expiration of the judgment of compliance unless authorized by the court or COAH. after the expiration of the judgment of compliance, nor shall the Township of Livingston