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East HanoverGreen RiskOpenPublic Works & Infrastructure
Appendix A - COAH Second Round Substantive Certification
BID #: MRS-L-000251-25
ISSUED: 1/29/2025
DUE: 6/30/2035
VALUE: TBD
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Executive Summary
The text details land use and zoning ordinances in the Township of East Hanover concerning affordable housing. It involves amending the Township Code to add Block 129, Lot 7 to the RMF-4 Residential Multi-Family 4 Overlay District to promote affordable housing construction as part of the Township's Housing Element & Fair Share Plan. This includes a series of appendices with supporting documents, such as agreements, resolutions, deeds, and ordinance.
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Document Text
--- Document: Appendix A - COAH Second Round Substantive Certification Document ---
Appendix A | COAH Second Round Substantive
Certification
Appendix B | 2019 FSHC Settlement Agreement
Appendix C | 2021 Final Order of Judgment of
Compliance and Repose
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Appendix D | Township Council Resolution No. 58-
2025 Committing to Fourth Round Obligation
Appendix E | 2025 Complaint for Declaratory Relief
1
SURENIAN, EDWARDS, BUZAK & NOLAN LLC
311 Broadway, Suite A
Point Pleasant Beach, NJ 08742
(732) 612-3100
By:
Michael J. Edwards: mje@surenian.com (Attorney ID: 032112012)
Attorneys for Declaratory Plaintiff, Township of East Hanover
IN
THE
MATTER
OF
THE
APPLICATION OF THE TOWNSHIP OF
EAST HANOVER, COUNTY OF MORRIS,
STATE OF NEW JERSEY
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MORRIS COUNTY
DOCKET NO.: MRS-L-____
CIVIL ACTION
AFFORDABLE HOUSING
PER DIRECTIVE # 14-24
COMPLAINT FOR DECLARATORY
RELIEF PURSUANT TO
DIRECTIVE# 14-24
Declaratory Plaintiff, the Township of East Hanover, County of Morris, State of New Jersey
(hereinafter, “East Hanover” or the “Township”), a municipal corporation of the State of New
Jersey,
with
principal
offices
located
at
411
Ridgedale
Avenue,
East Hanover, NJ, 07936, by way of this Declaratory Judgment Action (“DJ Action”) as authorized
under Directive # 14-24 of the Administrative Office of the Courts, alleges and says:
Background
1.
The Township of East Hanover is a municipal corporation of the State of New
Jersey.
2.
The Planning Board of the Township of East Hanover (hereinafter, “Planning
Board”) is a municipal agency created and organized under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et. seq., (“MLUL”), and, among other duties and obligations, is responsible for adopting
the Housing Element and Fair Share Plan (“HEFSP") of East Hanover’s Master Plan.
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2
3.
Through this DJ Action, East Hanover seeks the following relief in relation to its
Fourth Round (2025-2035) affordable housing obligation: (a) to secure the jurisdiction of the
Affordable Housing Alternative Dispute Resolution Program (the “Program”) pursuant to P.L.
2024, c.2 (hereinafter, the “Act”) and the Court, pursuant to Directive # 14-24; (b) to have the
Program and the Court approve the Township of East Hanover’s Present and Prospective
affordable housing obligations as set forth in the binding resolution adopted by the Township,
attached hereto as Exhibit 1; (c) to have the Program and the Court approve a HEFSP to be
adopted by the Planning Board and endorsed by the Council and issue a conditional or
unconditional “Compliance Certification” pursuant to the Act or other similar declaration; (d) to
the extent it is not automatically granted pursuant to the Act, through the filing of this DJ Action
and binding resolution, to have the Program and the Court confirm East Hanover’s immunity from
all exclusionary zoning litigation , including builder’s remedy lawsuits, during the pendency of
the process outlined in the Act and for the duration of Fourth Round, i.e., through June 30, 2035;
and (e) to have the Program and the Court take such other actions and grant such other relief as
may be appropriate to ensure that the Township receive and obtain all protections as afforded to it
in complying with the requirements of the Act, including, without limitation, all immunities and
presumptions of validity necessary to satisfy its affordable housing obligations voluntarily without
having to endure the expense and burdens of unnecessary third party litigation.
COUNT I
ESTABLISHMENT OF JURISDICTION UNDER P.L.2024, C. 2
4.
The Township of East Hanover repeats and realleges each and every allegation as
set forth in the previous paragraphs of this DJ Action as if set forth herein in full.
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3
5.
The Act represents a major revision of the Fair Housing Act of 1985, N.J.S.A.
52:27D-301 et seq.
6.
Among other things, the Act abolished the Council on Affordable Housing
(hereinafter, “COAH”), and replaced it with seven retired, on recall judges designated as the
Program. Among other things, the Act authorized the Director of the Administrative Office of the
Courts, (hereinafter, respectively, “Director” and “AOC”) to create a framework to process
applications for a compliance certification.
7.
On or about December 13, 2024, the Director issued Directive # 14-24, which
among other things, required municipalities seeking compliance certification to file an action in
the form of a declaratory judgment complaint and Civil Case Information Statement in the County
in which the municipality is located within 48 hours after the municipality’s adoption of a binding
resolution as authorized under the Act and attach a copy of said binding resolution to the DJ Action.
8.
East Hanover adopted a binding resolution establishing its present and prospective
affordable housing obligations within the statutory window of time set forth in the Act and in
accordance with the methodology and formula set forth in the Act, a certified copy of which
resolution is attached to this DJ Action as Exhibit 1.
9.
Based on the foregoing, East Hanover has established the jurisdiction of the
Program and the Court in regard to this DJ Action for a compliance certification as set forth
hereinafter.
WHEREFORE, the Township of East Hanover seeks a declaratory judgment for the
following relief:
a. Declaring that the Township has established jurisdiction for the Program and
the Court to confirm its present and prospective affordable housing needs as set
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forth in the binding resolution attached as Exhibit 1 to this DJ Action or to adjust
such determination consistent with the Act;
b. Declaring the present and prospective affordable housing obligations of the
Township under the Act;
c. Declaring the approval of the Township’s HEFSP subsequent to its adoption by
the Planning Board and its endorsement by the Township Council, including,
as appropriate and applicable, (i) a Vacant Land Adjustment predicated upon a
lack of vacant, developable and suitable land; (ii) a Durational Adjustment
(whether predicated upon lack of sanitary sewer or lack of water); and/or (iii)
an adjustment predicated upon regional planning entity formulas, inputs or
considerations, as applicable; (iv) an adjustment based on any future legislation
that may be adopted that allows an adjustment of the affordable housing
obligations; (v) an adjustment based upon any ruling in litigation involving
affordable housing obligations; and (vi) any other applicable adjustment
permitted in accordance with the Act and/or applicable COAH regulations;
d. Declaring that the Township continues to have immunity from all exclusionary
zoning litigation and all litigation related to its affordable housing obligations
as established under the Program;
e. Declaring and issuing compliance certification and immunity from
exclusionary zoning litigation in accordance with the Act and Directive # 14-
24 to the Township of East Hanover for the period beginning July 1, 2025 and
ending June 30, 2035; and
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f. Declaring such other relief that the Program and Court deems just and proper
within the parameters of the Act and applicable COAH regulations.
COUNT II
DETERMINATION OF THE PRESENT AND PROSPECTIVE NEED OF THE
TOWNSHIP OF EAST HANOVER
10.
East Hanover repeats and realleges each and every allegation set forth in the
previous paragraphs of this DJ Action as if set forth herein in full.
11.
The Act adopted the methodology to calculate every municipality’s present and
prospective need affordable housing obligation for the Fourth Round (2025-2035) and beyond.
12.
Pursuant to the Act, a municipality desiring to participate in the Program is
obligated to adopt a “binding resolution” determining its present and prospective affordable
housing obligations to which it will commit based upon the methodology set forth in the Act.
13.
East Hanover adopted a binding resolution including an expert report attached
thereto, a copy of which resolution and expert report is attached hereto and made a part hereof as
Exhibit 1 to this DJ Action.
14.
The binding resolution maintains that the Present (“Rehabilitation") Need
obligation of East Hanover is 0 and its Prospective Need obligation is 271.
15.
East Hanover seeks the approval of and confirmation by the Program and the Court
of the Present and Prospective affordable housing obligations as set forth in the binding resolution
attached hereto and made a part hereof as Exhibit 1 or the adjustment of those obligations
consistent with the Act and the applicable COAH regulations
16.
Pursuant to the binding resolution, the Township of East Hanover reserves all rights
to amend its affordable housing obligations in the event of a successful legal challenge, or
legislative change, to the Act.
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17.
Pursuant to the binding resolution, East Hanover specifically reserves the right to
seek and obtain 1) a Vacant Land Adjustment predicated upon a lack of vacant, developable and
suitable land; 2) a Durational Adjustment (whether predicated upon lack of sanitary sewer or lack
of water); and/or 3) an adjustment predicated upon regional planning entity formulas, inputs or
considerations, as applicable; 4) an adjustment based on any future legislation that may be adopted
that allows an adjustment of the affordable housing obligations; 5) an adjustment based upon any
ruling in litigation involving affordable housing obligations; and 6) any other applicable
adjustment permitted in accordance with the Act and/or applicable COAH regulations.
WHEREFORE, the Township of East Hanover seeks a declaratory judgment for the
following relief:
a. Declaring that the Township has established jurisdiction for the Program and
the Court to confirm its present and prospective affordable housing needs as set
forth in the binding resolution attached as Exhibit 1 to this DJ Action or to adjust
such determination consistent with the Act;
b. Declaring the present and prospective affordable housing obligations of East
Hanover under the Act;
c. Declaring the approval of East Hanover’s HEFSP subsequent to its adoption by
the Planning Board and its endorsement by the Council, including, as
appropriate and applicable, (i) a Vacant Land Adjustment predicated upon a
lack of vacant, developable and suitable land; (ii) a Durational Adjustment
(whether predicated upon lack of sanitary sewer or lack of water); and/or (iii)
an adjustment predicated upon regional planning entity formulas, inputs or
considerations, as applicable; (iv) an adjustment based on any future legislation
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7
that may be adopted that allows an adjustment of the affordable housing
obligations; (v) an adjustment based upon any ruling in litigation involving
affordable housing obligations; and (vi) any other applicable adjustment
permitted in accordance with the Act and/or applicable COAH regulations;
d. Declaring that the Township continues to have immunity from all exclusionary
zoning litigation and all litigation related to its affordable housing obligations
as established under the Program;
e. Declaring and issuing compliance certification and immunity from
exclusionary zoning litigation in accordance with the Act and Directive # 14-
24 to East Hanover for the period beginning July 1, 2025 and ending June 30,
2035; and
f. Declaring such other relief that the Program and Court deems just and proper
within the parameters of the Act and applicable COAH regulations.
COUNT III
HOUSING ELEMENT AND FAIR SHARE PLAN
18.
The Township of East Hanover repeats and realleges each and every allegation set
forth in the previous paragraphs of this DJ Action as if set forth herein in full.
19.
Pursuant to the Act, a Housing Element and Fair Share Plan (hereinafter,
(“HEFSP”) must be prepared adopted by the Planning Board and endorsed, by June 30, 2025.
20.
East Hanover hereby commits for its professionals to prepare the appropriate
HEFSP to address its affordable housing obligations, as determined by the Program and the Court
which HEFSP shall apply as appropriate, any applicable adjustments, including, without
limitation, 1) a Vacant Land Adjustment predicated upon a lack of vacant, developable and
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8
suitable land; 2) a Durational Adjustment (whether predicated upon lack of sanitary sewer or lack
of water); and/or 3) an adjustment predicated upon regional planning entity formulas, inputs or
considerations, as applicable; 4) an adjustment based on any future legislation that may be adopted
that allows an adjustment of the affordable housing obligations; 5) an adjustment based upon any
ruling in litigation involving affordable housing obligations; and 6) any other applicable
adjustment permitted in accordance with the Act and/or applicable COAH regulations.
WHEREFORE, the Township of East Hanover seeks a declaratory judgment for the
following relief:
a. Declaring that East Hanover has established jurisdiction for the Program and
the Court to confirm its present and prospective affordable housing needs as
set forth in the binding resolution attached as Exhibit 1 to this DJ Action or to
adjust such determination consistent with the Act;
b. Declaring the present and prospective affordable housing obligations of East
Hanover under the Act;
c. Declaring the approval of East Hanover’s HEFSP subsequent to its adoption by
the Planning Board and its endorsement by the Council, including, as
appropriate and applicable, (i) a Vacant Land Adjustment predicated upon a
lack of vacant, developable and suitable land; (ii) a Durational Adjustment
(whether predicated upon lack of sanitary sewer or lack of water); and/or (iii)
an adjustment predicated upon regional planning entity formulas, inputs or
considerations, as applicable; (iv) an adjustment based on any future legislation
that may be adopted that allows an adjustment of the affordable housing
obligations; (v) an adjustment based upon any ruling in litigation involving
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9
affordable housing obligations; and (vi) any other applicable adjustment
permitted in accordance with the Act and/or applicable COAH regulations;
d. Declaring that the Township of East Hanover continues to have immunity from
all exclusionary zoning litigation and all litigation related to its affordable
housing obligations as established under the Program;
e. Declaring and issuing compliance certification and immunity from
exclusionary zoning litigation in accordance with the Act and Directive # 14-
24 to the Township of East Hanover for the period beginning July 1, 2025 and
ending June 30, 2035; and
f. Declaring such other relief that the program and Court deems just and proper
within the parameters of the Act and applicable COAH regulations.
COUNT IV
CONFIRMATION OF IMMUNITY
21.
The Township of East Hanover repeats and realleges each and every allegation set
forth in the previous paragraphs of this declaratory judgment complaint as if set forth herein in
full.
22.
Pursuant to the Act, a municipality that complies with the deadlines in the Act for
both determining present and prospective affordable housing obligations affordable housing
obligations and for adopting an appropriate HEFSP shall have immunity from exclusionary zoning
litigation.
23.
The Township of East Hanover has met the deadline for the adoption and filing of
its binding resolution (and the filing of this DJ Action in accordance with Directive # 14-24) not
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10
later than January 31, 2025 by adopting the binding resolution attached to this DJ Action as Exhibit
1, and has committed to the adoption of its HEFSP by the June 30, 2025.
24.
Without waiving any judicial immunity from exclusionary zoning litigation that
East Hanover possesses as a result of any applicable Judgment of Compliance and Repose entered
in favor of the Township in Round 3, East Hanover has qualified for continued immunity under
the Act while pursuing its certification of compliance in the instant matter.
WHEREFORE, the Township of East Hanover seeks a declaratory judgment for the
following relief:
a. Declaring that the Township has established jurisdiction for the Program and
the Court to confirm its present and prospective affordable housing needs as set
forth in the binding resolution attached as Exhibit 1 to this DJ Action or to adjust
such determination consistent with the Act;
b. Declaring the present and prospective affordable housing obligations of East
Hanover under the Act;
c. Declaring the approval of East Hanover’s HEFSP subsequent to its adoption by
the Planning Board and its endorsement by the Council, including, as
appropriate and applicable, (i) a Vacant Land Adjustment predicated upon a
lack of vacant, developable and suitable land; (ii) a Durational Adjustment
(whether predicated upon lack of sanitary sewer or lack of water); and/or (iii)
an adjustment predicated upon regional planning entity formulas, inputs or
considerations, as applicable; (iv) an adjustment based on any future legislation
that may be adopted that allows an adjustment of the affordable housing
obligations; (v) an adjustment based upon any ruling in litigation involving
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11
affordable housing obligations; and (vi) any other applicable adjustment
permitted in accordance with the Act and/or applicable COAH regulations;
d. Declaring that East Hanover continues to have immunity from all exclusionary
zoning litigation and all litigation related to its affordable housing obligations
as established under the Program;
e. Declaring and issuing compliance certification and immunity from
exclusionary zoning litigation in accordance with the Act and Directive # 14-
24 to East Hanover for the period beginning July 1, 2025 and ending June 30,
2035; and
f. Declaring such other relief that the Program and Court deems just and proper
within the parameters of the Act and applicable COAH regulations.
SURENIAN, EDWARDS, BUZAK & NOLAN LLC
Attorneys for the Declaratory Plaintiff
Township of East Hanover
Michael J. Edwards
By: __________________________________
Michael J. Edwards, Esq.
Dated: January 29, 2025
CERTIFICATION PURSUANT TO R. 4:5-1
Michael J. Edwards, Esq., of full age, hereby certifies as follows:
1. I am a member of the Firm of Surenian, Edwards, Buzak & Nolan LLC, attorneys for
declaratory plaintiff, Township of East Hanover.
2. To the best of my knowledge, there is no other action pending in any court or any
pending arbitration proceeding of which the matter in controversy herein is the subject
MRS-L-000251-25 01/29/2025 11:37:28 AM Pg 11 of 31 Trans ID: LCV2025217831
12
and no such other action or arbitration proceeding is contemplated. To the best of my
knowledge, there are no other parties who should be joined in this action.
3. The within Complaint was filed and served within the time prescribed by the Rules of
Court.
I hereby certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.
SURENIAN, EDWARDS, BUZAK & NOLAN LLC
Attorneys for the Declaratory Plaintiff
Township of East Hanover
Michael J. Edwards
By: __________________________________
Michael J. Edwards, Esq.
Dated: January 29, 2025
DESIGNATION OF TRIAL COUNSEL
Pursuant to R. 4:25-4, notice is hereby given that Michael J. Edwards, Esq., attorney for the
Declaratory Plaintiff, Township of East Hanover is designated as trial counsel in the above captioned
matter.
SURENIAN, EDWARDS, BUZAK & NOLAN LLC
Attorneys for the Declaratory Plaintiff
Township of East Hanover
Michael J. Edwards
By: __________________________________
Michael J. Edwards, Esq.
Dated: January 29, 2025
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13
CERTIFICATION PURSUANT TO R. 1:38-7(b)
Michael J. Edwards, Esq., of full age, hereby certifies as follows:
1. I am a member of the firm of Surenian, Edwards, Buzak & Nolan LLC, attorneys for
Declaratory Plaintiff, Township of East Hanover.
2. I certify that confidential personal identifiers have been redacted from documents now
submitted to the Court and will be redacted from all documents submitted in the future in
accordance with R. 1:38-7(b).
I hereby certify that the foregoing statements made by me are true. I am aware that if any of
the foregoing statements made by me are willfully false, I am subject to punishment.
SURENIAN, EDWARDS, BUZAK & NOLAN LLC
Attorneys for the Declaratory Plaintiff
Township of East Hanover
Michael J. Edwards
By: __________________________________
Michael J. Edwards, Esq.
Dated: January 29, 2025
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EXHIBIT 1
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Shelbourne at Hunterdon
53 Frontage Road, Suite 110
Hampton, New Jersey 08827
Main: 877 627 3772
Memorandum
To:
Joseph Tempesta, Jr., Township Administrator, Township of East Hanover
From:
Darlene A. Green, PP, AICP
Date:
January 20, 2025
Subject:
Review and Findings of DCA Land Capacity Analysis GIS Data
Project No.:
EHT-017A
This office serves as the Planner for the Township of East Hanover. On March 20, 2024, the
Governor signed Bill A4, referred to as P.L. 2024, c.2. This new law modifies the Fair Housing Act,
specifically N.J.S.A. 52:27D-304.3, which concerns the methodology to determine the prospective
(Fourth Round) affordable housing obligation.
Three factors are employed to allocate the Regional Need to each applicable community – equalized
non-residential valuation, income capacity, and land capacity. N.J.S.A. 52-27D-304.3c.(4) describes
the land capacity factor and the steps to determine developable land. The law requires the use of
the “land use/land cover data” most recently published by the Department of Environmental
Protection (“DEP”) as one of the analysis inputs.
P.L. 2024, c.2. tasked the Department of Community Affairs (“DCA”) with calculating the Fourth
Round affordable housing obligations. DCA released a report entitled Affordable Housing Obligation
for 2025-2035 (Fourth Round) Methodology and Background (“DCA Report”).1 This report describes
the steps taken to compute the Fourth Round Obligation. Page 15 of the report states, “The datasets
mandated for use by the legislation have significant limitations in their use. The LULC data reflect a
geographic depiction of the classification system established by the U.S. Geological Survey
(Anderson Codes) and modified by DEP. Based on aerial imagery from 2020, land areas are
identified by category to reflect uses and coverages.”
P.L. 2024, c.2. also modified N.J.S.A. 52:27D-304.1 regarding requirements, specifically subsection a.
which states, “Each municipality shall determine its municipal present and prospective need
obligations…and may take into consideration the calculations in the report published by the
department…”
The DCA Report was released on October 18, 2024. It was accompanied by a detailed spreadsheet
illustrating the various calculations used in determining the Fourth Round affordable housing
obligations. The spreadsheet includes a tab for each of the three allocation factors (land capacity,
equalized non-residential valuation, and income capacity). However, the spreadsheet only noted an
1 https://www.nj.gov/dca/dlps/pdf/FourthRoundCalculation_Methodology.pdf
MRS-L-000251-25 01/29/2025 11:37:28 AM Pg 19 of 31 Trans ID: LCV2025217831
Project No. EHT-017A
January 20, 2025
Page 2 | 3
aggregated acreage value for each town. Detailed Geographic Information Systems (“GIS”) mapping
illustrating the location of the developable areas was not released until November 27, 2024. The
timing of the production of the GIS data has made this exercise more difficult and on a rushed
timeline.
Moreover, the link to the DCA GIS data2, which includes a description section includes the following
language:
"The land areas identified in this dataset are based on an the best available data using
publicly available data enumerated in N.J.S.A. 52:27D-304.3c.(4) to estimate the area
of developable land, within municipal and regional boundaries, that may
accommodate development. It is important to note that the identified areas
could be over or under inclusive depending on various conditions and that
municipalities are permitted to provide more detailed mappings as part of their
participation in the Affordable Housing Dispute Resolution Program." (emphasis
added)
This office was tasked with reviewing the detailed GIS mapping for accuracy. On or about December
2, 2024, this office downloaded the GIS data prepared by the DCA.3 The DCA data was then overlaid
with Township parcels, publicly-available environmental constraints data, mapped utility easements,
and mapped environmental constraint data sourced from site plan applications and Township files.
The DCA GIS data identifies 54 areas within the Township as developable. These areas total 52.847
acres according to the GIS data. Each area has been assigned a unique “ObjectID” or identification
number by DCA. The table attached as Exhibit A lists each area’s identification number (see column
“DCA ObjectID”), weighted acres, vacant acres, and municipal total identified by DCA.4 Our office
then added a column to identify the block(s) and lot(s) each area encompasses. We then reviewed
each identified area to confirm if it was developable. To the extent an area was not objectively
developable, it was removed from the inventory. Our detailed findings for each of the 54 identified
areas is provided under “Findings/Comments”. Finally, the table contains a column labeled
“Adjusted Developable Acres” based upon the results of our area-by-area analysis.
The locations of the 54 identified areas can be viewed in the “Environmental Constraints with NJDCA
Land Capacity Analysis Results” maps attached as Exhibit B and Exhibit C.
This detailed evaluation reveals that DCA’s analysis is over inclusive and only nine of the 54
identified areas are developable. The nine areas encompass 17.938 acres. Therefore, the Township
of East Hanover’s developable acreage is 17.938 acres, not 52.847 acres. When this corrected
acreage data is entered into DCA’s excel spreadsheet5 the Township’s Land Capacity Factor is
2 https://njdca-data-hub-njdca.hub.arcgis.com/datasets/land-capacity-analysis-for-p-l-2024-c-2/about
3 Ibid.
4 Note that the DCA GIS attribute table labels this column as “vacant acres” not developable acres.
5 https://www.nj.gov/dca/dlps/4th_Round_Numbers.shtml
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Project No. EHT-017A
January 20, 2025
Page 3 | 3
amended from 0.99% to 0.33%. The Township’s Average Allocation Factor decreases from 1.54% to
1.32% and, accordingly, East Hanover’s Fourth Round Obligation is adjusted from 315 to 271.
The below table illustrates the revisions to the allocation factors and Fourth Round Prospective
Need Obligation as a result of our analysis.
Allocation
Factor/Prospective Need
DCA Calculation
Proposed Revision
Land Capacity Factor
0.99%
0.33%
Equalized Non-residential
Valuation Factor
2.56%
2.56%
Income Capacity Factor
1.06%
1.06%
Average Allocation Factor
1.54%
1.32%
Prospective Need Obligation
315
271
DCA’s land capacity analysis followed the steps outlined in P.L. 2024, c.2 (N.J.S.A. 52-27D-304.3c.(4))
to determine land capacity. As described above, the base layer of information was the land use/land
cover data prepared by DEP, which is based on aerial imagery from 2020. Our review of the data for
the Township of East Hanover reveals the following shortcomings with the GIS analysis prepared by
the DCA:
It does not recognize utility rights-of-ways or railroad lines.
It fails to account for a lack of street frontage.
It is blind to block and lot lines and identifies portions of existing developed sites as
developable.
It fails to account for area shape and size. For example, areas as narrow as two feet are
identified as developable.
It does not take into account drainage easements.
These issues are illustrated in Exhibit B and Exhibit C. Furthermore, supplemental documentation
regarding specific sites’ development restrictions, environmental limitations, and specific features is
provided in Exhibit D. The Township’s tax maps can be found here:
https://mcweb1.co.morris.nj.us/MCTaxBoard/SearchTaxMaps.aspx
East Hanover does not dispute the DCA’s calculation for Equalized Non-residential Valuation or
Income Capacity. Thus, the Township is accepting the DCA analysis, but for the corrections to the
Land Capacity Factor described in this memorandum. Correcting the Land Capacity Factor yields a
Fourth Round Prospective Need Obligation of 271, not 315.
cc:
Michael Edwards, Esq.
R:\Projects\E-H\EHT\EHT017A\Correspondence\OUT\Fourth Round
Obligation\250120dag_Memorandum_to_Tempesta_Review_Findings_DCA_Land_Capacity_Analysis_GIS_Data.docx
MRS-L-000251-25 01/29/2025 11:37:28 AM Pg 21 of 31 Trans ID: LCV2025217831
Exhibit A
MRS-L-000251-25 01/29/2025 11:37:28 AM Pg 22 of 31 Trans ID: LCV2025217831
DCA ObjectID
Weighted Acres Vacant Acres*
Municipal
Total
Block(s) / Lot(s)
Findings/Comments
Adjusted
Developable Acres
30442
0.6102
0.6102
52.846791
B128, L82.35
The identified area is irregularly shaped with a length of 306.2 feet and width that varies from 156.9 feet (southeast) to 61 feet
(middle of the area). Additionally, wetlands to the northeast and southwest are identified as a habitat for the Indiana Myotis
and Northern Myotis, Federal Listed Threatened and Endangered species, and the Little Brown Myotis and Tricolored Bat,
State Endangered species, which classifies the wetlands as being of exceptional value and requiring a 150-foot buffer. The
buffer encompasses the entire area. Due to these factors, the identified area is not developable.
0
30443
0.090349
0.090349
52.846791
B127, L1
This trapezoidal area is 104.8 feet long (north) and 55.8 feet deep. The area width tapers to 0 feet (northwest), while the area
length tapers to 32.7 feet (south). The total area is 3,935 square feet. Additionally, wetlands to the south are identified as a
habitat for the Indiana Myotis, Northern Myotis, Indiana Bat, and Tricolored Bat. The 150-foot wetlands buffer encompasses
the entire area. Due to these factors, the identified area is not developable.
0
30444
0.087496
0.087496
52.846791
B127, L1
This triangular area is 192.8 feet long by 34.9 feet wide. The area width tapers to 0 feet (west). The total area is 3,811 square
feet. Additionally, wetlands to the east are of exceptional value due to being identified as a habitat for the Indiana Myotis,
Northern Myotis, Little Brown Myotis, and Tricolored Bat. The 150-foot buffer encompasses the eastern two-thirds of the
area. Due to these factors, the identified area is not developable.
0
30445
0.503578
0.503578
52.846791
B127, L1
This irregularly shaped area is a maximum of 480.8 feet long. The area width varies from 75 feet to 13.4 feet. Additionally,
wetlands to the west are identified as a habitat for the Indiana Myotis, Northern Myotis, Little Brown Myotis, and Tricolored
Bat. The 150-foot wetlands buffer encompasses the entire area. Due to these factors, the identified area is not developable.
0
30446
1.195886
1.195886
52.846791
B128, L82.35
The identified area is irregularly shaped. There are wetlands to the east, south, and west which are identified as a habitat for
the Indiana Myotis, Northern Myotis, Little Brown Myotis, and Tricolored Bat. The 150-foot buffer encompasses 1.187533
acres of the area. The remaining area is triangular and totals 378.8 square feet, which cannot accommodate development.
Due to these factors, the identified area is not developable.
0
30447
0.468480
0.46848
52.846791
B99.16, L32
0.468480
30448
3.692963
3.692963
52.846791
B101, L30
Pursuant to a Plan entitled "Final Plat; Afton Hills - Section Two", prepared by D'Onofrio Engineers, PC, dated January 10, 1994,
revised through April 11, 1994, wetlands are delineated on a majority of Lot 30. The delineated wetlands encompass 3.05645
acres of the identified area. The Plan does not illustrate any associated wetlands transition area for this portion of the
wetlands. Due to these factors, developable acres is reduced to 0.636513 developable acres.
0.636513
30449
1.883586
1.883586
52.846791
B99, L9.01
The identified area is located on a property labeled as a "Drainage Detention Basin" on Sheet 59 of the Township's Tax Map.
The drainage basin is reflected in the 1976 plans for the adjacent subdivision. Said plans also illustrate a sewerage pumping
station on the property. It is unclear from the plans, in which directions the underground pipe network traverse.
Additionally, wetlands to the west are of exceptional value due to being identified as a habitat for the Little Brown Myotis and
Tricolored Bat. The 150-foot buffer is present in the western quarter of the area. Additionally, a tributary of the Pinch Brook
traverses the southern edge of the identified area. The tributary flows through an area identified as a habitat for the
Northern Myotis, which requires a 150-foot Riparian Buffer. Said buffer encompasses the southern two-thirds. Furthermore,
steep slopes are present along the southern area boundary. The environmental features total 1.408841 acres. Due to the
drainage and sewer infrastructure and the environmental constraints, the identified area is not developable.
0
Township of East Hanover: DCA Land Capacity Factor Analysis
1/20/25
1
MRS-L-000251-25 01/29/2025 11:37:28 AM Pg 23 of 31 Trans ID: LCV2025217831
DCA ObjectID
Weighted Acres Vacant Acres*
Municipal
Total
Block(s) / Lot(s)
Findings/Comments
Adjusted
Developable Acres
Township of East Hanover: DCA Land Capacity Factor Analysis
30450
1.124699
1.124699
52.846791
B99.06, L1
The identified area is located on a property shown as a "Drainage Detention Basin" on Sheet 58 of the Township's Tax Map
and is 605.7 feet long and 67.8 to 96.5 feet wide. However, a 40' wide drainage easement is also located along the
northeastern property line, which reduces the area's width. Additionally, a tributary of the Pinch Brook meanders along the
northeastern edge and through an area identified as a habitat for the Northern Myotis, Little Brown Myotis, and Tricolored
Bat. The 150-foot Riparian buffer encompasses the entire identified area. Furthermore, an area of steep slopes is present
along the northern area boundary. Due to these factors, the identified area is not developable.
0
30451
1.34507
1.34507
52.846791
B101, L30
Pursuant to a Plan entitled "Final Plat; Afton Hills - Section Two", prepared by D'Onofrio Engineers, PC, dated January 10, 1994,
revised through April 11, 1994, wetlands are delineated on a majority of Lot 30. The delineated wetlands and associated
transition area encompass the entire identified area.
0
30452
0.110527
0.110527
52.846791
B128, L25
This triangular area is 135.4 feet long and 0 feet (north) to 52.5 feet (south) wide. Additionally, wetlands to the west are of
exceptional value due to being identified as a habitat for the Indiana Myotis, Northern Myotis, Little Brown Myotis, and
Tricolored Bat. The 150-foot buffer encompasses the entire area. Due to these factors, the identified are is not developable.
0
30453
0.547802
0.547802
52.846791
B99.05, L10
The identified area is located on a property shown as a "Drainage Detention Basin" on Sheet 58 of the Township's Tax Map
and is 746.8 feet long and 66.5 feet wide (southeast), which tapers to 0 feet in the north. However, a 40' wide drainage
easement is also located along the northeastern property line, which reduces the area's width. Additionally, a tributary of the
Pinch Brook meanders along the northeastern edge and through an area identified as a habitat for the Northern Myotis, Little
Brown Myotis, and Tricolored Bat. The 150-foot Riparian buffer encompasses the entire identified area. Due to these factors,
the identified area is not developable.
0
30454
0.150689
0.150689
52.846791
B128, L25
This triangular area is 226.5 feet long and 0 feet (south) to 47.1 feet (north) wide. Additionally, wetlands to the west are
identified as a habitat for the Indiana Myotis, Northern Myotis, Little Brown Myotis, and Tricolored Bat. The 150-foot wetlands
buffer encompasses the entire area. Due to these factors, the identified area is not developable.
0
30455
0.162117
0.162117
52.846791
B99, L40.10
This triangular area is located at the corner of Timber Hill Drive and a future 50-foot right-of-way according to Sheet 59 of the
Township's Tax Map. The wetlands to the north are identified as a habitat for the Northern Myotis, Little Brown Myotis, and
Tricolored Bat. The 150-foot wetlands buffer encompasses the entire area. Additionally, the Pinch Brook is to the north of
the area and traverses through the Threatened and Endangered species habitat, which requires a 150-foot Riparian Buffer.
Said buffer encompasses the entire area. Due to these factors, the identified area is not developable.
0
30456
1.60906
1.60906
52.846791
B128, L25 & 41
This irregularly shaped area is 834.9 feet long and 34.7 feet wide (east) to 257.3 feet wide (west). The wetlands to the east are
identified as a habitat for the Indiana Myotis, Northern Myotis, Little Brown Myotis, and Tricolored Bat. The 150-foot wetlands
buffer encompasses the western end of the area (0.44294 acres). Additionally, the identified area is developed with an access
road known as "Great Meadows Lane", which is used to access Block 128, Lots 42 and 43 to the west. Due to these factors,
the identified area is not developable.
0
30457
0.071299
0.071299
52.846791
B128, L18.30
The identified area is 224.8 feet long by 17 feet wide. The area is entirely within a 100-foot-wide GPU Energy Right-of-Way and
on a property shown as a "Drainage Detention Basin" according to Sheet 62 of the Township's Tax Map. Additionally,
wetlands to the west are identified as a habitat for the Indiana Myotis, Little Brown Myotis, Tricolored Bat, and Savannah
Sparrow, a State Threatened species. The 150-foot wetlands buffer encompasses the entire area. Due to these factors, the
identified area is not developable.
0
1/20/25
2
MRS-L-000251-25 01/29/2025 11:37:28 AM Pg 24 of 31 Trans ID: LCV2025217831
DCA ObjectID
Weighted Acres Vacant Acres*
Municipal
Total
Block(s) / Lot(s)
Findings/Comments
Adjusted
Developable Acres
Township of East Hanover: DCA Land Capacity Factor Analysis
30458
1.131296
1.131296
52.846791
B100, L20
The identified area is located on a property owned by JCPL c/o Tax Dept, which is developed with an electric substation north
of the identified area. The access driveway to the substation traverses the identified area. The identified area is not
developable.
0
30459
0.81221
0.81221
52.846791
B99, L4
This irregularly shaped area is 607.7 feet long and 28 feet wide along Farinella Drive. The area width varies from as small as 2
feet to 139.7 feet at the rear (southeast). Additionally, wetlands to the southeast are identified as a habitat for the Northern
Myotis,. Little Brown Myotis, and Tricolored Bat. A tributary of the Pinch Brook flows along the southeastern side of the area
and through the Threatened and Endangered species habitat. The 150-foot wetlands and 150-foot Riparian buffers
encompass the entire area. Steep slopes are also present in the southern portion of the area. Due to these factors, the
identified area is not developable.
0
30460
0.089035
0.089035
52.846791
B128, L12
The identified area is an irregular "L" shape and wetlands to the north are identified as a habitat for the Indiana Myotis,
Northern Myotis, Little Brown Myotis, Tricolored Bat, and Savannah Sparrow. The 150-foot wetlands buffer encompasses the
entire area. Therefore, the identified area is not developable.
0
30461
16.589894
16.589894
52.846791
B96, L47.02, 49,
49.01, & 50
There are wetlands to the northwest and southeast of the identified area that are identified as a habitat for the Northern
Myotis. The 150-foot wetlands buffer encroaches into the area from the northwest and southeast. Additionally, steep slopes
are scattered throughout the area. These environmental features total 3.790196 acres. Therefore, developable acres is
reduced to 12.799698 acres.
12.799698
30462
0.131251
0.131251
52.846791
B130.01, L1
This irregularly shaped area is 245.1 feet long by 6 feet to 37.4 feet wide. Additionally, wetlands to the west are identified as a
habitat for the Northern Myotis, Little Brown Myotis, and Tricolored Bat. Furthermore, the Whippany River to the west flows
through the Threatened and Endangered species habitat. The 150-foot wetlands and 150-foot Riparian buffers encompass
the entire area. Due to these factors, the identified area is not developable.
0
30463
0.125891
0.125891
52.846791
B130.01, L1
The identified area is 76 feet long by 46.6 feet wide. The length increases to 138.9 feet in the northwest. Wetlands to the
west are identified as a habitat for the Northern Myotis, Little Brown Myotis, and Tricolored Bat. Additionally, the Whippany
River to the west flows through the Threatened and Endangered species habitat. The 150-foot wetlands and 150-foot
Riparian buffers encompass the entire area. Due to these factors, the identified area is not developable.
0
30464
0.230394
0.230394
52.846791
B42, L41
The identified area is on a property that has been merged into Block 42, Lot 37 and subsequently subdivided to Lot 37.001.
The area is now part of the Valley View Park inclusionary multi-family development, which is under construction. Therefore,
the identified area is not developable.
0
30465
0.218764
0.218764
52.846791
B79, L14.10
The identified area is 1,263.9 feet long by 74.1 feet wide. The area width tapers to 19.4 feet to the east. Wetlands to the
south and east are identified as a habitat for the Barred Owl, a State Threatened species. Additionally, the Whippany River is
to the south of the area and flows through the Threatened species habitat. The 150-foot wetlands and 150-foot Riparian
buffers encompasses the entire area. Furthermore, steep slopes are located in the eastern quarter of the area. Due to these
factors, this area is not developable.
0
30466
1.601432
1.601432
52.846791
B96, L100
Pursuant to a Plan entitled "Amended Final Plat for Ridgedale Estates", prepared by Page Engineering Consultants, PC, dated
May 5, 2000, wetlands are delineated in the east and west corners of Block 100, Lot 96. A wetlands transition area of varying
width is also illustrated on the Plan. The wetlands and associated transition areas encompass 0.962686 acres of the area. It
should be noted that the distance between the two wetlands transition areas varies from 14.7 feet to 57.9 feet. Based on this
information, developable acres is reduced to 0.638746 developable acres.
0.638746
1/20/25
3
MRS-L-000251-25 01/29/2025 11:37:28 AM Pg 25 of 31 Trans ID: LCV2025217831
DCA ObjectID
Weighted Acres Vacant Acres*
Municipal
Total
Block(s) / Lot(s)
Findings/Comments
Adjusted
Developable Acres
Township of East Hanover: DCA Land Capacity Factor Analysis
30467
0.254627
0.254627
52.846791
B79, L14.10
The identified area is 238.8 feet long by 64.6 feet wide. The area width tapers to 30.7 feet to the west. The wetlands to the
south are of exceptional value due to being identified as a habitat for the Barred Owl. The 150-foot wetlands buffer
encompasses the entire area. Additionally, steep slopes are present in the northwest corner of the area. Due to these
factors, this area is not developable.
0
30468
3.387395
3.387395
52.846791
B39, L40
Wetlands to the southeast, south, and west of the area are identified as a habitat for the Barred Owl. Additionally, the
Whippany River is to the south and flows through the Threatened species habitat. The 150-foot wetlands and 150-foot
Riparian buffers are present along the southeast, south, and northwest area boundaries. These environmental features total
1.655663 acres. Therefore, developable acres is reduced to 1.731732 acres.
1.731732
30469
0.083084
0.083084
52.846791
B39, L17
The identified area is irregularly shaped and located on a property that does not have street frontage. Additionally, the area
is entirely within a 150-foot wetlands buffer and two-thirds of the area is within a 150-foot Riparian buffer. Due to these
factors, the identified area is not developable.
0
30470
4.74673
4.74673
52.846791
B39, L17 & 23
The identified area is irregularly shaped and is located on a property that does not have street frontage. Additionally, a 150-
foot wetlands buffer encroaches into the area from the north, southwest, and west. Furthermore, a 150-foot Riparian buffer
encroaches into the area from the southeast. Due to these factors, the identified area is not developable.
0
30471
1.095101
1.095101
52.846791
B39, L17
The identified area is irregularly shaped and is located on a property that does not have street frontage. Additionally, a 150-
foot wetlands buffer encroaches into the area from the north, east, and south. Due to these factors, the identified area is not
developable.
0
30472
0.064576
0.064576
52.846791
B39, L17
This triangular area is located on a property that does not have street frontage. Additionally, a 150-foot wetlands buffer
encompasses the entire area. Therefore, the identified area is not developable.
0
30473
0.221963
0.221963
52.846791
B39, L17
This irregularly shaped area is located on a property that does not have street frontage. Additionally, a 150-foot wetlands
buffer encompasses the entire area. Therefore, the identified area is not developable.
0
30474
0.063627
0.063627
52.846791
B39, L17
This triangular area is located on a property that does not have street frontage. Additionally, a 150-foot wetlands buffer
encompasses the entire area. Therefore, the identified area is not developable.
0
30475
0.408292
0.408292
52.846791
B142, L7 (GIS)
The identified area is located on a property owned by Morristown & Erie Railway, Inc., which includes an active railroad line.
The area is 735.6 feet long and 24.7 feet wide. Additionally, wetlands to the north are identified as a habitat for the Northern
Myotis, Little Brown Myotis, and Tricolored Bat. The 150-foot wetlands buffer encompasses the entire area. Furthermore, the
Whippany River to the north flows through the Threatened and Endangered species habitat. The 150-foot Riparian Buffer
encompasses the western half of the area. Steep slopes are also present at the west end of the area. Due to these factors,
the identified area is not developable. (It should be noted that Sheets 36 and 45 of the Township's Tax Map identify the
property as Block 130, Lot 7.01.)
0
30476
0.23772
0.23772
52.846791
B142, L7
The identified area is located on a property owned by Morristown & Erie Railway, Inc. The area is 560 feet long by 26.5 feet
wide (middle of area). Additionally, wetlands to the north and east are identified as a habitat for the Blue-spotted
Salamander, a State Endangered species, Little Brown Myotis, and Tricolored Bat. The 150-foot wetlands buffer encompasses
the entire area. Furthermore, a tributary of the Whippany River is to the north of the area and flows through the Endangered
species habitat. The 150-foot Riparian buffer encompasses the entire area. Due to these factors, the identified area is not
developable.
0
1/20/25
4
MRS-L-000251-25 01/29/2025 11:37:28 AM Pg 26 of 31 Trans ID: LCV2025217831
DCA ObjectID
Weighted Acres Vacant Acres*
Municipal
Total
Block(s) / Lot(s)
Findings/Comments
Adjusted
Developable Acres
Township of East Hanover: DCA Land Capacity Factor Analysis
30477
1.88139
1.88139
52.846791
B142, L7 (GIS)
The identified area is located on a property owned by Morristown & Erie Railway, Inc. The wetlands to the north are identified
as a habitat for the Little Brown Myotis and Tricolored Bat. The 150-foot wetlands buffer encompasses the northeastern
quadrant of the area. Additionally, a 325-foot-wide JCP&L Right-of-Way is present on the western two-thirds of the area
according to Sheet 36 of the Township's Tax Map. Due to the above conditions, the identified area is not developable. (It
should be noted that Sheet 36 of the Township's Tax Map identifies the property as Block 130, Lot 7.02. This lot has no street
frontage.)
0
30478
0.384268
0.384268
52.846791
B44, L9
0.384268
30479
0.118195
0.118195
52.846791
B39, L10
The identified area measures 1,469 feet long. However, the area is only 14.4 feet wide (north), which tapers to 0 feet (south).
Most of the area width is 4.3 feet or less. Due to its narrow shape, the area cannot accommodate development. Therefore,
the identified area is not developable.
0
30480
0.65033
0.65033
52.846791
B148, L13
Wetlands to the east are identified as a habitat for the Northern Myotis, Blue-spotted Salamander, Red-shouldered Hawk, a
State Endangered species, Tricolored Bat, and Bobcat, a State Threatened species. The 150-foot wetlands buffer
encompasses the eastern half the area and totals 0.295961 acres. Therefore, developable acres is reduced to 0.354369 acres.
0.354369
30481
0.070374
0.070374
52.846791
B40, L16.15
The identified area measures 138.6 feet long with a varying width between 46.9 feet (northeast) and 14.7 feet (middle of the
area). The area totals 3,064.9 square feet and due to its size and shape, cannot accommodate development. Therefore, the
identified area is not developable.
0
30482
0.282085
0.282085
52.846791
B6, L6
Wetlands to the southeast and west are identified as a habitat for the Red-shouldered Hawk, Barred Owl, and Bobcat. The
150-foot wetlands buffer encompasses the southern half and northwest corner of the area. The remaining area totals 4,897.7
square feet, which cannot accommodate development. Due to these factors, the identified area is not developable.
0
30483
0.061598
0.061598
52.846791
B39, L1
The identified area measures 228.9 feet long and 17.4 feet wide and totals 2,682.7 square feet. The size and shape of the
area cannot accommodate development. Additionally, the area is entirely within a 150-foot wetlands buffer and the northern
half is within a 150-foot Riparian buffer. Due to these factors, the identified area is not developable.
0
30484
0.165192
0.165192
52.846791
B14, L29
Wetlands to the northeast are identified as a habitat for the Red-shouldered Hawk, Barred Owl, and Bobcat. The 150-foot
wetlands buffer encompasses the northern half of the area (0.094205 acres). The remaining area measures 40 feet wide by
75.8 feet deep and totals 3,092.2 square feet. The shape and size of the remaining area cannot accommodate development.
Due to these factors, the identified area is not developable.
0
30485
0.090126
0.090126
52.846791
B17, L46
Wetlands to the east and south are identified as a habitat for the Red-shouldered Hawk, Barred Owl, and Bobcat. The 150-
foot wetlands buffer encompasses the entire area. Additionally, a tributary of the Passaic River meanders along the southern
boundary and flows through a Threatened and Endangered species habitat. The 150-foot Riparian buffer encompasses also
the entire area. Due to these factors, the identified area is not developable.
0
30486
0.266782
0.266782
52.846791
B13, L19
Wetlands to the south and west are identified as a habitat for the Red-shouldered Hawk, Barred Owl, and Bobcat. The 150-
foot wetlands buffer encompasses a majority of the area (0.239888 acres). Therefore, the identified area is not developable.
0
30487
0.229632
0.229632
52.846791
B17, L1
A tributary of the Passaic River is located to the south of the identified area. The tributary flows through an area identified as
a habitat for the Red-shouldered Hawk, Barred Owl, and Bobcat. The 150-foot Riparian buffer encompasses over 99% of the
area. Therefore, the identified area is not developable.
0
1/20/25
5
MRS-L-000251-25 01/29/2025 11:37:28 AM Pg 27 of 31 Trans ID: LCV2025217831
DCA ObjectID
Weighted Acres Vacant Acres*
Municipal
Total
Block(s) / Lot(s)
Findings/Comments
Adjusted
Developable Acres
Township of East Hanover: DCA Land Capacity Factor Analysis
30488
0.229575
0.229575
52.846791
B19, L51
Wetlands to the south are identified as a habitat for the Red-shouldered Hawk, Barred Owl, and Bobcat. The 150-foot
wetlands buffer encompasses the southern two-thirds of the area. Additionally, a tributary of the Passaic River meanders
along the southeastern boundary of the identified area and flows through the Threatened and Endangered species habitat.
The 150-foot Riparian buffer encompasses the entire area. Due to these factors, the identified area is not developable.
0
30489
0.614484
0.614484
52.846791
B69, L17
0.614484
30490
0.266929
0.266929
52.846791
B21, L8
Wetlands to the south are identified as a habitat for the Red-shouldered Hawk, Barred Owl, and Bobcat. The 150-foot
wetlands buffer encompasses over 99% of the area. Therefore, the identified area is not developable.
0
30491
0.594255
0.594255
52.846791 B70, L13 & B189,
L1
Wetlands to the northeast of the area are identified as a habitat for the Northern Myotis, Blue-spotted Salamander, Little
Brown Myotis, Red-shouldered Hawk, Tricolored Bat, Bobcat, and Red-headed Woodpecker, a State Threatened species. The
150-foot wetlands buffer encompasses the eastern half of the area. Additionally, a tributary of the Whippany River to the
northeast, flows through the Threatened and Endangered species habitat. The 150-foot Riparian buffer encompasses the
eastern quarter of the area. These environmental features total 0.284497 acres. Therefore, developable acres is reduced to
0.309758 acres.
0.309758
30492
0.315395
0.315395
52.846791
B190, L1 & 41
Wetlands to the north and east of the area are identified as a habitat for the Northern Myotis, Blue-spotted Salamander, Little
Brown Myotis, Red-shouldered Hawk, Tricolored Bat, Bobcat, and Red-headed Woodpecker. The 150-foot wetlands buffer
encompasses the entire area. Additionally, a tributary of the Whippany River to the east flows through the Threatened and
Endangered species habitat. The 150-foot Riparian buffer encompasses the eastern half of the area. Due to these factors,
the identified area is not developable.
0
30493
0.47245
0.47245
52.846791
B5, L81
Wetlands to the northeast are identified as a habitat for the Northern Myotis, Blue-spotted Salamander, Little Brown Myotis,
Red-shouldered Hawk, Tricolored Bat, Barred Owl, and Bobcat. The 150-foot wetlands buffer encompasses the eastern two-
thirds of the area. Additionally, steep slopes are present in the center of the area. These environmental features total
0.387337 acres. The remaining 0.085113 acres (3,707.5 square feet) is undersized. Due to these factors, the identified area is
not developable.
0
30494
0.663162
0.663162
52.846791
B207, L2
Wetlands to the southwest are identified as a habitat for the Northern Myotis, Blue-spotted Salamander, Little Brown Myotis,
Red-shouldered Hawk, Tricolored Bat, Barred Owl, and Bobcat. The 150-foot wetlands buffer encompasses the western two-
thirds of the area. Additionally, a tributary of the Whippany River to the north flows through the Threatened and Endangered
species habitat. The 150-foot Riparian buffer encompasses all but the southern tip of the area. Furthermore, steep slopes
are present in the southern and northwestern corners. Due to these factors, the identified area is not developable.
0
30495
0.343486
0.343486
52.846791
B5, L88
Wetlands surround this area and are identified as a habitat for the Norther Myotis, Blue-spotted Salamander, Little Brown
Myotis, Red-shouldered Hawk, Tricolored Bat, Barred Owl, and Bobcat. The 150-foot wetlands buffer encompasses the entire
area. Therefore, the identified area is not developable.
0
Total
52.846791
52.846791
17.938048
* The DCA GIS attribute table labels this column as "vacant acres", not developable acres.
1/20/25
6
MRS-L-000251-25 01/29/2025 11:37:28 AM Pg 28 of 31 Trans ID: LCV2025217831
Exhibit B
MRS-L-000251-25 01/29/2025 11:37:28 AM Pg 29 of 31 Trans ID: LCV2025217831
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30442
30443
30444
30445
30446
30447
30448
30449
30450
30451
30452
30453
30454
30455
30456
30457
30458
30459
30460
30461
30463
30464
30465
30466
30467
30468
30469
30470
30471
30472
30474
30475
30476
30477
30478
30479
30480
30481
30482
30484
30485
30487
30488
30489
30490
30491
30492
30493
30494
30495
30462
30473
30483
30486
Township of
Livingston
Borough of
Roseland
Township of
West Caldwell
Township of
Fairfield
Township of
Montville
Borough of
Florham Park
Township
of Hanover
Township of
Parsippany-Troy Hills
LYONS PL
LEE PL
JANE ST
VALLEY RD
TROY PL
K
R
ISTI DR
A
FTO
N
DR
LENT ST
SELMAR TER
ORA CT
LORIE D
R
WIL
L
OW
P
L
ELKT
ON TER
L
O
UIS
ST
TERHUNE DR
GROAH RD
D
IXON PL
TUSC
A
N PL
BRACE DR
RO
BERT DR
KAHL RD
G
OLF LA
FLORHAM AVE
FO
REST RD
CLEVELAND AVE
P
ARK TE
R
JOHN ST
WEST
ST
RAMADA DR
SCHOENER RD
MAUREEN
R
D
R
E
INMANN DR
HIGH
L
A
N
D RD
MELANIE LA
C
H
IC J
ON LA
BIRC
H
WO
O
D CT
S
TIMIS LA
TRINITY
PL
BR
E
NT
W
OOD DR
LITELL R
D
WIL
L
IAM
S PK
W
Y
CANDICE W
A
Y
HARVEST AVE
CANFIELD RD
RIDG
E
DR
BUNKE
R
RD
WARD PL
NORWOOD RD
HILLSID
E D
R
CASEY AVE
GREA
T MEADOW LA
TILDEN DR
WEAVER DR
IVY L
A
BE
AC
H
ST
ROOSEVELT AVE
B
A
YBU
R
Y CT
KNOLLC
RO
F
T TER
Y
VE
T
TE DR
W
ILDWOO
D
A
VE
WINDSOR WAY
MERRY LN
HOMESTEAD AVE
FAY DR
JACLYN
D
R
MAPLE AVE
PEACH TREE LA
NE
W MURRA
Y RD
CUT
TER DR
PARKSI
D
E R
D
ANITA
DR
SC
H
OOL AVE
O
RC
HARD PL
MITCHELL AVE
COUNTRY CL
UB LA
R
O
NAL
D
DR
W
A
L
N
UT
T
ER
SURREY LA
GAIL DR
C
AM
B
R
IDGE RD
PRESTON AVE
P
H
Y
L
D
AN
RD
PE
T
R
Y DR
TUTTLE A
V
E
OXFORD DR
GROVE AVE
FOX RU
N
DR
FLO
R
ENC
E AVE
BEECHWOOD LA
MC
K
INLEY AVE
SI
L
V
E
R
SPRING C
T
C
AROLY
N
C
T
D
E
A
NNA DR
WILS
O
N
AVE W.
FARINELLA
DR
S
A
MUEL ST
FAIRVIEW
DR
LUCIANNA
LA
GREE
N
DR
WILSON AVE
EBERHARD
T RD
LINCOLN ST
BALSAM AVE
ALEXANDRIA DR
T
R
EMONT
D
R
H
ERITAGE
D
R
CHRISTINE DR
BARNIDA D
R
TANGLEW
O
OD
DR
T
I
F
FANY DR
HANO
VER RD
C
OOLIDGE AV
E
KLINGER R
D
FAIRWAY A
V
E
EAGLE ROCK AVE
TIMBER HILL
D
R
CEDAR ST
D
E
FOREST AVE
OVERLOOK AVE
MT PLEASANT AVE
TROY RD
M
URRAY RD
RIVER RD
RIDGEDALE AVE
4
609
4
611
4
610
4
632
P
inch Bro
ok tributar
y
R
ocka
w
ay Rive
r
S
m
it
h
D
i
tc
h tribut
a
ry
Rockawa
y Riv
e
r t
rib
u
tary
Smit
h Di
tc
h
t
ri
b
u
t
ar
y
Pinch Bro
o
k tribut
a
ry
Pi
n
c
h
Brook tributary
Pass
a
ic
Riv
e
r t
r
ib
u
ta
r
y
Uncoded T
ributar
y
Passaic River tributary
Uncoded
Tributary
Uncoded Tributary
Uncoded
Tri
b
ut
a
ry
Hassolk Brook
Smith Ditch t
r
ibutary
Passaic River tributary
Whi
p
pan
y
Riv
er
tri
b
utary
Passaic River tributary
Whipp
a
n
y River tributary
Unco
d
e
d
T
r
ibu
t
a
r
y
S
m
ith
Ditch
tributa
ry
Passaic Ri
ver
Pinch Brook
Pin
ch
B
rook
Black
B
roo
k
Smith Ditch
Passai
c
River
Whippany Rive
r
"¬«
10
§¨¦
280
ENVIRONMENTAL CONSTRAINTS WITH
NJDCA LAND CAPACITY ANALYSIS RESULTS
0
1,850
3,700
1 inch = 1,850 Feet
±
Legend
Municipal Boundary
Parcels
NJDCA Land Capacity Analysis Results
Water Bodies
Non-C1 Streams
150-foot Riparian Buffer
!
!
!
50-ft Riparian Buffer
Wetlands
50-ft Wetlands Buffer
150-ft Wetlands Buffer
Mapped Wetlands Transition Area
FEMA Special Flood Hazard Area
Areas with slopes 15% or greater
TOWNSHIP OF EAST HANOVER
MORRIS COUNTY, NEW JERSEY
January 17, 2025
EHT017A
MRS-L-000251-25 01/29/2025 11:37:28 AM Pg 30 of 31 Trans ID: LCV2025217831
Exhibit C
MRS-L-000251-25 01/29/2025 11:37:28 AM Pg 31 of 31 Trans ID: LCV2025217831
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30442
30443
30444
30445
30446
30447
30448
30449
30450
30451
30452
30453
30454
30455
30456
30457
30458
30459
30460
30461
30463
30464
30465
30466
30467
30468
30469
30470
30471
30472
30474
30475
30476
30477
30478
30479
30480
30481
30482
30484
30485
30487
30488
30489
30490
30491
30492
30493
30494
30495
30462
30473
30483
30486
Township of
Livingston
Borough of
Roseland
Township of
West Caldwell
Township of
Fairfield
Township of
Montville
Borough of
Florham Park
Township
of Hanover
Township of
Parsippany-Troy Hills
LYONS PL
LEE PL
JANE ST
VALLEY RD
TROY PL
K
R
ISTI DR
A
FTO
N
DR
LENT ST
SELMAR TER
ORA CT
LORIE D
R
WIL
L
OW
P
L
ELKT
ON TER
L
O
UIS
ST
TERHUNE DR
GROAH RD
D
IXON PL
TUSC
A
N PL
BRACE DR
RO
BERT DR
KAHL RD
G
OLF LA
FLORHAM AVE
FO
REST RD
CLEVELAND AVE
P
ARK TE
R
JOHN ST
WEST
ST
RAMADA DR
SCHOENER RD
MAUREEN
R
D
R
E
INMANN DR
HIGH
L
A
N
D RD
MELANIE LA
C
H
IC J
ON LA
BIRC
H
WO
O
D CT
S
TIMIS LA
TRINITY
PL
BR
E
NT
W
OOD DR
LITELL R
D
WIL
L
IAM
S PK
W
Y
CANDICE W
A
Y
HARVEST AVE
CANFIELD RD
RIDG
E
DR
BUNKE
R
RD
WARD PL
NORWOOD RD
HILLSID
E D
R
CASEY AVE
GREA
T MEADOW LA
TILDEN DR
WEAVER DR
IVY L
A
BE
AC
H
ST
ROOSEVELT AVE
B
A
YBU
R
Y CT
KNOLLC
RO
F
T TER
Y
VE
T
TE DR
W
ILDWOO
D
A
VE
WINDSOR WAY
MERRY LN
HOMESTEAD AVE
FAY DR
JACLYN
D
R
MAPLE AVE
PEACH TREE LA
NE
W MURRA
Y RD
CUT
TER DR
PARKSI
D
E R
D
ANITA
DR
SC
H
OOL AVE
O
RC
HARD PL
MITCHELL AVE
COUNTRY CL
UB LA
R
O
NAL
D
DR
W
A
L
N
UT
T
ER
SURREY LA
GAIL DR
C
AM
B
R
IDGE RD
PRESTON AVE
P
H
Y
L
D
AN
RD
PE
T
R
Y DR
TUTTLE A
V
E
OXFORD DR
GROVE AVE
FOX RU
N
DR
FLO
R
ENC
E AVE
BEECHWOOD LA
MC
K
INLEY AVE
SI
L
V
E
R
SPRING C
T
C
AROLY
N
C
T
D
E
A
NNA DR
WILS
O
N
AVE W.
FARINELLA
DR
S
A
MUEL ST
FAIRVIEW
DR
LUCIANNA
LA
GREE
N
DR
WILSON AVE
EBERHARD
T RD
LINCOLN ST
BALSAM AVE
ALEXANDRIA DR
T
R
EMONT
D
R
H
ERITAGE
D
R
CHRISTINE DR
BARNIDA D
R
TANGLEW
O
OD
DR
T
I
F
FANY DR
HANO
VER RD
C
OOLIDGE AV
E
KLINGER R
D
FAIRWAY A
V
E
EAGLE ROCK AVE
TIMBER HILL
D
R
CEDAR ST
D
E
FOREST AVE
OVERLOOK AVE
MT PLEASANT AVE
TROY RD
M
URRAY RD
RIVER RD
RIDGEDALE AVE
4
609
4
611
4
610
4
632
P
inch Bro
ok tributar
y
R
ocka
w
ay Rive
r
S
m
it
h
D
i
tc
h tribut
a
ry
Rockawa
y Riv
e
r t
rib
u
tary
Smit
h Di
tc
h
t
ri
b
u
t
ar
y
Pinch Bro
o
k tribut
a
ry
Pi
n
c
h
Brook tributary
Pass
a
ic
Riv
e
r t
r
ib
u
ta
r
y
Uncoded T
ributar
y
Passaic River tributary
Uncoded
Tributary
Uncoded Tributary
Uncoded
Tri
b
ut
a
ry
Hassolk Brook
Smith Ditch t
r
ibutary
Passaic River tributary
Whi
p
pan
y
Riv
er
tri
b
utary
Passaic River tributary
Whipp
a
n
y River tributary
Unco
d
e
d
T
r
ibu
t
a
r
y
S
m
ith
Ditch
tributa
ry
Passaic Ri
ver
Pinch Brook
Pin
ch
B
rook
Black
B
roo
k
Smith Ditch
Passai
c
River
Whippany Rive
r
"¬«
10
§¨¦
280
ENVIRONMENTAL CONSTRAINTS WITH
NJDCA LAND CAPACITY ANALYSIS RESULTS
0
1,850
3,700
1 inch = 1,850 Feet
±
Legend
Municipal Boundary
Parcels
NJDCA Land Capacity Analysis Results
Water Bodies
Non-C1 Streams
150-foot Riparian Buffer
!
!
!
50-ft Riparian Buffer
Wetlands
50-ft Wetlands Buffer
150-ft Wetlands Buffer
Mapped Wetlands Transition Area
FEMA Special Flood Hazard Area
Areas with slopes 15% or greater
TOWNSHIP OF EAST HANOVER
MORRIS COUNTY, NEW JERSEY
January 17, 2025
EHT017A
MRS-L-000251-25 01/29/2025 11:37:28 AM Pg 1 of 4 Trans ID: LCV2025217831
Exhibit D
MRS-L-000251-25 01/29/2025 11:37:28 AM Pg 2 of 4 Trans ID: LCV2025217831
MRS-L-000251-25 01/29/2025 11:37:28 AM Pg 3 of 4 Trans ID: LCV2025217831
MRS-L-000251-25 01/29/2025 11:37:28 AM Pg 4 of 4 Trans ID: LCV2025217831
MRS-L-000251-25 01/29/2025 11:37:28 AM Pg 1 of 1 Trans ID: LCV2025217831
Appendix F | Decision and Order Fixing Municipal
Obligations
MRS-L-000251-25 05/13/2025 Pg 1 of 8 Trans ID: LCV20251118812
MRS-L-000251-25 05/13/2025 Pg 2 of 8 Trans ID: LCV20251118812
MRS-L-000251-25 05/13/2025 Pg 3 of 8 Trans ID: LCV20251118812
MRS-L-000251-25 05/13/2025 Pg 4 of 8 Trans ID: LCV20251118812
MRS-L-000251-25 05/13/2025 Pg 5 of 8 Trans ID: LCV20251118812
MRS-L-000251-25 05/13/2025 Pg 6 of 8 Trans ID: LCV20251118812
MRS-L-000251-25 05/13/2025 Pg 7 of 8 Trans ID: LCV20251118812
MRS-L-000251-25 05/13/2025 Pg 8 of 8 Trans ID: LCV20251118812
Appendix G | Fourth Round Vacant Land Adjustment
Township of
Livingston
Borough of
Roseland
Township of
West Caldwell
Township of
Fairfield
Township of
Montville
Borough of
Florham Park
Township
of Hanover
Township of
Parsippany-Troy Hills
LEE PL
JANE ST
TROY PL
K
R
ISTI DR
LENT ST
ORA CT
LORIE
DR
L
OU
IS ST GROAH RD
DI
X
ON PL
TUSC
A
N PL
BRACE DR
ROBERT DR
KAHL RD
G
OLF LA
FO
REST RD
P
A
RK TE
R
JOHN ST
WEST
ST
RAMADA DR
SCHOENER RD
R
E
INMANN DR
CHIC J
ON LA
MELANIE LA
BIRC
H
WO
OD CT
STIMIS LA
TRINITY PL
L
ITELL RD
WIL
LIA
M
S P
K
WY
CANDICE
W
AY
HARVEST AVE
RID
G
E DR
BUNK
E
R RD
WARD PL
NORWOOD RD
HILL
SIDE DR
CASEY AVE
TILDEN DR
WEAVER DR
IVY
L
A
DARTMOOR
RD
B
E
A
C
H
ST
PENISTON WAY
ROOSEVELT AVE
B
AY
B
UR
Y CT
Y
V
ET
T
E DR
WIL
DWOOD
A
VE
WINDSOR WA
Y
MERRY LN
HOMESTEAD AVE
FAY DR
JACLYN DR
MAPLE AVE
N
EW MURR
AY RD
PEACH TREE LA
CUTTER
D
R
PARK
S
ID
E
RD
ANITA D
R
ORCHARD PL
SC
H
O
O
L AVE
MITCHELL AVE
RONALD DR
C
OUNTRY C
LUB LA
W
A
L
N
UT
TER
SURREY LA
GAIL DR
CA
M
B
R
I
DGE R
D
PRESTON AVE
PH
YLDA
N
R
D
PET
R
Y
DR
TUT
T
L
E
AVE
OXFORD DR
GROVE AVE
FOX RUN D
R
F
L
ORE
NCE
AVE
B
E
ECHWOOD LA
MCKI
NLEY
AVE
SILV
E
R
S
PRING C
T
C
ARO
LYN CT
DE
AN
N
A DR
CALLAHAN ST
W
ILSO
N
AVE W.
FARINELLA DR
S
AMUEL ST
FAIRVIEW
DR
LUCIANN
A
L
A
G
REEN D
R
WILSON AVE
EBERHARD
T RD
LINCOLN ST
BALSAM AVE
A
L
EXANDRIA DR
TREMO
N
T D
R
HE
RITAGE D
R
C
HRISTINE DR
BARNIDA
D
R
TANGLEWOOD
DR
T
I
F
FANY DR
HA
N
OVER RD
COOLIDGE AV
E
KLINGER RD
FAIRWAY A
VE
EAGLE ROCK AVE
T
IMBER HIL
L
D
R
CEDAR ST
DEFOR
ES
T
AVE
OVERLOOK AVE
MT PLEASANT AVE
TROY RD
MURR
AY
R
D
RIVER RD
RIDGEDALE AVE
4
609
4
611
4
610
4
632
P
i
nch Brook
t
ributary
Ro
c
kaw
a
y
R
iver
Pinch
Brook tri
b
utary
S
mi
th D
itc
h
tri
butar
y
Rockaway R
iver tri
but
a
ry
S
mith
D
i
t
c
h
tri
b
u
tar
y
Pinch Bro
o
k tributar
y
P
i
n
ch Brook tributary
P
a
ssa
i
c River trib
u
tary
Passa
ic
Riv
e
r
t
ri
butary
Passaic River
t
ributary
Uncoded T
ributary
Passaic River tributary
Whippany River tributary
Smith
D
itch tributary
Passai
c
Rive
r
tributary
Pi
n
ch Broo
k
tributary
Uncoded
Tributary
Un
coded Tributary
Whipp
a
ny R
iver tr
ibutary
Pas
s
a
i
c
Ri
v
e
r
t
ributary
Whippa
n
y R
i
ver tributary
Whippany River tr
ib
u
tary
Unco
d
ed T
r
ibu
t
ary
Hassolk Brook
Smith Ditch tribut
ary
Passaic River tributary
W
hi
pp
a
ny
R
iver tributary
Passaic River tributary
Passa
ic Riv
er tributary
Wh
i
p
pany River tributary
P
as
s
aic
R
ive
r
t
r
i
b
uta
r
y
Unc
o
de
d Tr
ibuta
r
y
Smith D
itc
h
tribu
t
ary
Passaic Ri
v
e
r
Pinch Brook
P
inch Bro
o
k
Black
B
rook
Smith Ditch
Passai
c
River
Whippany R
iver
"¬«
10
§¨¦
280
EXISTING 2024 LAND USE
0
1,400
2,800
1 inch = 1,400 Feet
±
Legend
Municipal Boundary
Water Bodies
Non-C1 Streams
Environmental Constraints
Land Use
Vacant
Residential
Apartment
Commercial
Industrial
Common Area
Preserved Open Space
Public School Property
Public Property
Church and Charitable Property
Cemeteries and Graveyards
Other Tax Exempt Property
Railroad Property
Right-of-Way
TOWNSHIP OF EAST HANOVER
MORRIS COUNTY, NEW JERSEY
Version 2 - April 21, 2025
EHT017A
MODIV Tax Data from May 13, 2024
Township of
Livingston
Borough of
Roseland
Township of
West Caldwell
Township of
Fairfield
Township of
Montville
Borough of
Florham Park
Township
of Hanover
Township of
Parsippany-Troy Hills
LEE PL
JANE ST
TROY PL
K
R
ISTI DR
LENT ST
ORA CT
LORIE
DR
L
OU
IS ST GROAH RD
DI
X
ON PL
TUSC
A
N PL
BRACE DR
ROBERT DR
KAHL RD
G
OLF LA
ROHN ST
JOHN ST
WEST
ST
RAMADA DR
SCHOENER RD
R
E
INMANN DR
CHIC J
ON LA
MELANIE LA
BIRC
H
WO
OD CT
STIMIS LA
TRINITY PL
L
ITELL RD
CANDICE
W
AY
HARVEST AVE
RID
G
E DR
BUNK
E
R RD
WARD PL
NORWOOD RD
HILL
SIDE DR
CASEY AVE
TILDEN DR
WEAVER DR
IVY
L
A
DARTMOO
R RD
B
E
A
CH ST
PENISTON WAY
ROOSEVELT AVE
B
AY
B
UR
Y CT
Y
V
ET
T
E DR
WIL
DWOOD
A
VE
WINDSOR WA
Y
MERRY LN
HOMESTEAD AVE
FAY DR
JACLYN DR
MAPLE AVE
N
EW MURR
AY RD
PEACH TREE LA
CUTTER
D
R
PARK
S
ID
E
RD
ANITA D
R
ORCHARD PL
SC
H
O
O
L AVE
RONALD DR
COUNTRY
CLUB LA
W
A
L
N
UT
TER
SURREY LA
GAIL DR
CA
M
B
R
I
DGE R
D
PRESTON AVE
PH
YLDA
N
R
D
PET
R
Y
DR
TUT
T
L
E
AVE
OXFORD DR
GROVE AVE
FOX RUN D
R
FLO
R
E
N
CE
A
VE
B
E
ECHWOOD LA
SILV
E
R
S
PRING C
T
C
ARO
LYN CT
DE
AN
N
A DR
CALLAHAN ST
W
ILSO
N
AVE W.
FARINELLA DR
S
AMUEL ST
FAIRVIEW
DR
LUCIANN
A
L
A
G
REEN D
R
WILSON AVE
EBERHARD
T RD
LINCOLN ST
BALSAM AVE
A
L
EXANDRIA DR
TREMO
N
T D
R
HE
RITAGE D
R
C
HRISTINE DR
BARNIDA
D
R
TANGLEWOOD
DR
T
I
F
FANY DR
HANOVER
RD
COOLID
GE AVE
KLINGER RD
FAIRWAY A
VE
EAGLE ROCK
AVE
T
IMBER HIL
L
D
R
CEDAR ST
DE
F
O
R
EST AVE
OVERLOOK AVE
MT PLEASANT AVE
TROY RD
MURR
AY
R
D
RIVER RD
RIDGE
DALE AVE
4
609
4
611
4
610
4
632
"¬«
10
§¨¦
280
B99.10 L23
B99.16 L32
B127 L1
B102 L16
B128 L41
B96 L49.01
B100 L20
B128 L12
B96 L49
B103 L4
B99 L10
B96 L32.02
B90 L39
B96 L32.03
B93 L28
B130.01
L4.01
B39
L40
B39 L23.01
B39 L23
B130 L10
B39 L17
B39
L28.05
B39 L28.03
B142 L3
B40.08 L30
B44 L9
B130 L26
B39 L8
B51
L19
B52 L25
B47 L7
B42 L56
B153 L5
B75 L19
B148 L34
B148 L13
B164
L15
B61
L51
B61
L11
B143 L13
B69 L17
B27 L19
B26 L11
B26 L6
B189 L1
B187 L44
B188 L11
B188 L1
B38.02 L1
B190 L41
B190 L1
B198 L5
B191 L1
B201
L9
B5 L81
B202 L1
B1.01
L33.01
B208 L1
B203 L1
B207 L2
B205 L1
B5 L52.02
B187 L1
B5 L88
B1 L10.02
B1 L23
B1 L22
B5 L110
B1 L24
B131
L4.01
B39 L2.1
B39 L1
B41.05 L14
B5 L7.03
B99 L7.02
B5 L7.08
B165 L11
B96 L88.02
B130
L11.03
B39 L20.01
B42 L34.01
B39.06
L20.02
B130
L13.03
B142 L9
B187 L28
B1.02 L1
B224 L3.01
B5 L88.01
B99 L12.02
VACANT LANDS
0
1,400
2,800
1 inch = 1,400 Feet
±
Legend
Municipal Boundary
Parcels
Water Bodies
Non-C1 Streams
Environmental Constraints
Developable
Potential Development
Potential Infill Development
Included in 3rd Round RDP
Not Developable
Undersized or Irregularly Shaped
Environmentally Constrained
No Public Street Frontage
Public Utility (JCP&L or PSE&G)
Other
TOWNSHIP OF EAST HANOVER
MORRIS COUNTY, NEW JERSEY
Version 2 - April 22, 2025
EHT017A
Township of
Livingston
Borough of
Roseland
Township of
West Caldwell
Township of
Fairfield
Township of
Montville
Borough of
Florham Park
Township
of Hanover
Township of
Parsippany-Troy Hills
LEE PL
JANE ST
TROY PL
K
R
ISTI DR
LENT ST
ORA CT
LORIE
DR
L
OU
IS ST GROAH RD
DI
X
ON PL
TUSC
A
N PL
BRACE DR
ROBERT DR
KAHL RD
G
OLF LA
FO
REST RD
P
A
RK TE
R
JOHN ST
WEST
ST
RAMADA DR
SCHOENER RD
R
E
INMANN DR
CHIC J
ON LA
MELANIE LA
BIRC
H
WO
OD CT
STIMIS LA
TRINITY PL
L
ITELL RD
WIL
LIA
M
S P
K
WY
CANDICE
W
AY
HARVEST AVE
RID
G
E DR
BUNK
E
R RD
WARD PL
NORWOOD RD
HILL
SIDE DR
CASEY AVE
TILDEN DR
WEAVER DR
IVY
L
A
DARTMOOR
RD
B
E
A
C
H
ST
PENISTON WAY
ROOSEVELT AVE
B
AY
B
UR
Y CT
Y
V
ET
T
E DR
WIL
DWOOD
A
VE
WINDSOR WA
Y
MERRY LN
HOMESTEAD AVE
FAY DR
JACLYN DR
MAPLE AVE
N
EW MURR
AY RD
PEACH TREE LA
CUTTER
D
R
PARK
S
ID
E
RD
ANITA D
R
ORCHARD PL
SC
H
O
O
L AVE
MITCHELL AVE
RONALD DR
C
OUNTRY C
LUB LA
W
A
L
N
UT
TER
SURREY LA
GAIL DR
CA
M
B
R
I
DGE R
D
PRESTON AVE
PH
YLDA
N
R
D
PET
R
Y
DR
TUT
T
L
E
AVE
OXFORD DR
GROVE AVE
FOX RUN D
R
F
L
ORE
NCE
AVE
B
E
ECHWOOD LA
MCKI
NLEY
AVE
SILV
E
R
S
PRING C
T
C
ARO
LYN CT
DE
AN
N
A DR
CALLAHAN ST
W
ILSO
N
AVE W.
FARINELLA DR
S
AMUEL ST
FAIRVIEW
DR
LUCIANN
A
L
A
G
REEN D
R
WILSON AVE
EBERHARD
T RD
LINCOLN ST
BALSAM AVE
A
L
EXANDRIA DR
TREMO
N
T D
R
HE
RITAGE D
R
C
HRISTINE DR
BARNIDA
D
R
TANGLEWOOD
DR
T
I
F
FANY DR
HA
N
OVER RD
COOLIDGE AV
E
KLINGER RD
FAIRWAY A
VE
EAGLE ROCK AVE
T
IMBER HIL
L
D
R
CEDAR ST
DEFOR
ES
T
AVE
OVERLOOK AVE
MT PLEASANT AVE
TROY RD
MURR
AY
R
D
RIVER RD
RIDGEDALE AVE
4
609
4
611
4
610
4
632
P
i
nch Brook
t
ributary
Ro
c
kaw
a
y
R
iver
Pinch
Brook tri
b
utary
S
mi
th D
itc
h
tri
butar
y
Rockaway R
iver tri
but
a
ry
S
mith
D
i
t
c
h
tri
b
u
tar
y
Pinch Bro
o
k tributar
y
P
i
n
ch Brook tributary
P
a
ssa
i
c River trib
u
tary
Passa
ic
Riv
e
r
t
ri
butary
Passaic River
t
ributary
Uncoded T
ributary
Passaic River tributary
Whippany River tributary
Smith
D
itch tributary
Passai
c
Rive
r
tributary
Pi
n
ch Broo
k
tributary
Uncoded
Tributary
Un
coded Tributary
Whipp
a
ny R
iver tr
ibutary
Pas
s
a
i
c
Ri
v
e
r
t
ributary
Whippa
n
y R
i
ver tributary
Whippany River tr
ib
u
tary
Unco
d
ed T
r
ibu
t
ary
Hassolk Brook
Smith Ditch tribut
ary
Passaic River tributary
W
hi
pp
a
ny
R
iver tributary
Passaic River tributary
Passa
ic Riv
er tributary
Wh
i
p
pany River tributary
P
as
s
aic
R
ive
r
t
r
i
b
uta
r
y
Unc
o
de
d Tr
ibuta
r
y
Smith D
itc
h
tribu
t
ary
Passaic Ri
v
e
r
Pinch Brook
P
inch Bro
o
k
Black
B
rook
Smith Ditch
Passai
c
River
Whippany R
iver
"¬«
10
§¨¦
280
ENVIRONMENTAL CONSTRAINTS
0
1,400
2,800
1 inch = 1,400 Feet
±
Legend
Municipal Boundary
Parcels
Water Bodies
Non-C1 Streams
150-foot Riparian Buffer
Wetlands
50-ft Wetlands Buffer
150-ft Wetlands Buffer
FEMA Special Flood Hazard Area
Areas with slopes 15% or greater
TOWNSHIP OF EAST HANOVER
MORRIS COUNTY, NEW JERSEY
Version 2 - April 21, 2025
EHT017A
Township of East Hanover
Vacant Land Analysis
Version 2 - April 22, 2025
Block
Lot
Owner
Address
Property
Class
Planning
Area
Zone
District
Total
Acres
Constrained
Acres
Remaining
Acres
Buildable
Acres
Constraint Description
Status
Included in 3rd
Round RDP
Include in 4th
Round RDP
Potential
Units
RDP
1
10.02
Torkos, Glenn F & Lauren M
Rear 280
1
PA1
I-3
2.006
2.006
0.000
Wetlands, SFHA
Environmentally Constrained
No
No
1
22
Torkos, Glenn F & Lauren M
Rear 280
1
PA1
I-3
3.078
3.078
1
23
Torkos, Glenn F & Lauren M
Rear 280
1
PA1
I-3
2.880
2.880
1
24
Pietrowicz, Robert & Hovey, William
Ridgedale Avenue Rear
1
PA1
I-3
5.504
5.504
0.000
Stream, Riparian, Wetlands, SFHA
Environmentally Constrained
No
No
1.01
33.01
Cancelleiri, Frank J & Gina G
683 Ridgedale Ave
1
PA1
R-15
0.360
0.287
0.073
Wetlands
Environmentally Constrained
No
No
1.02
1
<Null>
<Null>
NR1
PA1
I-3
0.305
0.305
0.000
Riparian, Wetlands, SFHA
Environmentally Constrained
No
No
5
7.03*
Saraceno, Leonardo P & Giuseppina
646 Ridgedale Ave
1
PA1
R-20
0.459
0.000
0.459
0.459
Potential Infill Development
Yes
No
5
7.08*
Sadasivan, Arun & Kurup, Gopika Copin
3 Arianna Ct
1
PA1
R-20
0.798
0.797
0.001
Wetlands, SFHA
Environmentally Constrained
Yes
No
5
52.02
Public Service Gas & Electric Co
Jaclyn Dr
1
PA1
R-120
1.751
1.751
0.000
Wetlands, SFHA
Public Utility
No
No
5
81
Cardarella, Elizabeth
59 Klinger Rd
1
PA1
R-120
2.370
2.199
0.171
0.171
Wetlands, SFHA
Potential Infill Development
No
No
5
88
Iradi, Benny J & Fred
Stimis Ln
1
PA1
R-120
5.887
5.887
0.000
Riparian, Wetlands, SFHA
Environmentally Constrained
No
No
5
88.01
<Null>
<Null>
1
PA1
R-120
1.127
1.127
0.000
Riparian, Wetlands, SFHA
Environmentally Constrained
No
No
5
110
Iradi, Benny J & Fred
Ridgedale Avenue Rear
1
PA1
R-120
2.740
2.740
0.000
Riparian, Wetlands, SFHA
Environmentally Constrained
No
No
26
6
Five Seven Eagle Rock, LP
Lurker Park
1
PA1
R-15
0.230
0.209
0.021
Wetlands, SFHA
Environmentally Constrained
No
No
26
11
Lobozza, Jos; % LDJ Builders
Lurker Park
1
PA1
R-15
0.230
0.230
0.000
Wetlands, SFHA
Environmentally Constrained
No
No
27
19
Napoli, Charles
Lurker Park
1
PA1
B-2
0.554
0.554
0.000
Wetlands, SFHA
Environmentally Constrained
No
No
38.02
1
Public Service Gas & Electric Co
Overlook Ave
1
PA1
R-15
14.372
6.441
7.931
Stream, Riparian, Wetlands, SFHA
Public Utility
No
No
39
1
River Road 2013, LLC
River Rd
1
PA1
R-120
8.519
8.519
0.000
Stream, Riparian, Wetlands, SFHA
Environmentally Constrained
No
No
39
2.1
Zakarian, Peter & Andrew
River Rd Rear
1
PA1
R-120
4.427
4.427
0.000
Stream, Riparian, Wetlands, SFHA
Environmentally Constrained
No
No
39
8
Public Service Gas & Electric Co
River Rd
1
PA1
R-20
25.909
11.446
14.463
Stream, Riparian, Wetlands, SFHA
Public Utility
No
No
39
17
RLI Acquisition, Inc.
River Rd Rear
1
PA1
I-3
24.870
21.356
3.515
Stream, Water, Wetlands, SFHA
No Public Street Frontage
No
No
39
20.01
<Null>
<Null>
NR1
PA1
R-20
0.510
0.407
0.103
Wetlands
Environmentally Constrained
No
No
39
23
Givaudan Flavors Corp Tax
Meadow
1
PA1
I-3
2.209
2.209
39
23.01
Givaudan Flavors Corp Tax
Meadow
1
PA1
I-3
0.789
0.789
39
28.03
Zecca, Michael J Jr
2 Merry Ln
1
PA1
R-20
0.841
0.000
0.841
0.841
Potential Development
Yes
No
39
28.05
Zecca, Michael J Jr
14 Merry Ln
1
PA1
R-20
0.937
0.000
0.937
0.937
Potential Development
Yes
No
39
40
Givaudan Flavors Corp Tax Dept
Lincoln St
1
PA1
R-20
5.505
4.071
1.434
1.434
Stream, Riparian, Wetlands, SFHA
Developable land on this site is surrounded by environmental constraints on three
sides and the fourth side is an active industrial zone. Lincoln Street does not extend
to the site. The identified area is not a suitable site for multi-family development due
to the adjacent active industrial park. Surrounding industrial uses are not compatible
with multi-family housing. As a result, the identified area does not meet the site
suitability test and is instead Potential Infill Development.
No
No
39.06
20.02
<Null>
<Null>
NR1
PA1
R-20
0.475
0.430
0.045
Wetlands
Environmentally Constrained
No
No
40.08
30
Jocher, Ronald W & Dianne L
River Rd Rear
1
PA1
R-10
2.137
0.000
2.137
2.137
Potential Development
Yes
No
41.05
14
Paul Powers Construction, Inc.
140 Mc Kinley Ave
1
PA1
R-10
0.287
0.000
0.287
0.287
Potential Infill Development
No
No
42
34.01
<Null>
<Null>
NR1
PA1
R-L
0.277
0.000
0.277
Irregularly Shaped
No
No
42
56
Ad Asset Acquisition And Properties
387 Ridgedale Ave
1
PA1
B-1
0.360
0.000
0.360
0.360
Potential Infill Development
No
No
44
9
Froysland, Robert
63 Cleveland Ave
1
PA1
R-10
0.464
0.000
0.464
0.464
Potential Infill Development
No
No
47
7
Somogyi, Monique V
Wilson Ave
1
PA1
R-10
0.129
0.000
0.129
0.129
Potential Infill Development
No
No
51
19
Crecco, Anthony & Lorraine
49 Cleveland Ave
1
PA1
R-10
0.220
0.000
0.220
0.220
Potential Infill Development
No
No
52
25
Deditch/Sylvester, Aaron C/Lou Ann
Mc Kinley Ave
1
PA1
R-10
0.117
0.000
0.117
Undersized
No
No
61
11
CVS Pharmacy, Inc., Store Acct.Dept.
3 School Ave
1
PA1
R-10
0.329
0.000
61
51
CVS Pharmacy, Inc.,Store Acct.Dept.
6 Grant Ave
1
PA1
R-10
0.132
0.000
69
17
Cardarella, Elizabeth
7 Lent St
1
PA1
R-20
0.645
0.000
0.645
0.645
Potential Development
Yes
No
75
19
Shrader, Sandford & Maureen
44 Ward Pl
1
PA1
R-20
0.468
0.000
0.468
0.468
Potential Infill Development
No
No
90
39
Germianario, N & T & La Conte G & G
Terhune St
1
PA1
R-10
0.052
0.000
0.052
Undersized
No
No
93
28
Musso, Nicole & Allocca, Danial
Herman St
1
PA1
R-10
0.119
0.000
0.119
Undersized
No
No
96
32.02
Rebolo, Julia
136 River Rd
1
PA1
R-20
0.455
0.000
0.455
0.455
Potential Infill Development
No
No
96
32.03
Goncalves, Julia Da Silva
140 River Rd
1
PA1
R-20
0.459
0.000
0.459
0.459
Potential Infill Development
No
No
96
49
De Capua Family, LP % Yeh
River Road, Rear
1
PA1
RAH-4
10.908
10.137
0.771
0.771
Stream, Riparian, Wetlands
Potential Development
Yes
No
96
49.01
New Jersey Medical Diagnostic Assoc
50 River Rd
1
PA1
PB-1/RAH-4
1.956
1.312
0.644
0.644
Wetlands
Potential Development
Yes
No
96
88.02
<Null>
<Null>
NR1
PA1
B-2
0.218
0.000
0.218
Irregularly Shaped
No
No
99
7.02
Donmar Realty Coes
11 Farinella Dr
1
PA1
I-3
0.374
0.000
0.374
Irregularly Shaped
No
No
99
10
Kaplus Hanover Associates, LLC
125 Route 10
1
PA1
I-3
0.366
0.000
0.366
0.366
Potential Infill Development
No
No
99
12.02
R&O East Hanover, LLC
45 Route 46
1
PA1
SED
61.611
0.964
60.647
Water, Steep Slopes
The Board granted Preliminary and Final Site Plan for a new warehouse development
on this site via Resolution No. 21-2023 memorialized on July 23, 2023. Subsequently,
the Board granted Amended Preliminary and Final Site Plan approval via Resolution
No. 14-2024 memorialized on July 25, 2024. The site is currently under construction.
As of the week of April 14, 2025, footings and foundation of the warehouse building
are being poured.
No
No
99.10
23
Hanover Associates % Eastman Cons.
Tilden Dr Rear
1
PA1
R-20
0.949
0.000
0.949
No Public Street Frontage
No
No
0.000
Stream, Water, Riparian, Wetlands, SFHA
Environmentally Constrained
No
No
0.000
Wetlands, SFHA
Environmentally Constrained
No
No
0.461
Part of required off-street parking for CVS on adjacent Lot 4
No
No
EHT017A
Page 1 |3
Township of East Hanover
Vacant Land Analysis
Version 2 - April 22, 2025
Block
Lot
Owner
Address
Property
Class
Planning
Area
Zone
District
Total
Acres
Constrained
Acres
Remaining
Acres
Buildable
Acres
Constraint Description
Status
Included in 3rd
Round RDP
Include in 4th
Round RDP
Potential
Units
RDP
99.16
32
Sisco, Robert
111 Hanover Rd
1
PA1
R-20
0.686
0.000
0.686
This property is approximately 61 feet wide at the street, which narrows as one
moves further from the street. Therefore, this site is in the Potential Infill
Development category.
No
No
100
20
JCPL C/O Tax Dept
88 Mt Pleasant Ave
1
PA1
B-2
1.905
0.000
1.905
Public Utility
No
No
102
16
Moran, Thomas & Sally Ann
216 Mt Pleasant Ave
1
PA1
R-20
0.267
0.267
0.000
SFHA
Environmentally Constrained
No
No
103
4
S. A. Irene Associates, Inc
River Rd Rear
1
PA1
R-20
28.844
28.837
0.007
Stream, Riparian, Wetlands, SFHA
Environmentally Constrained
No
No
127
1
Alfieri-Florham Park, LLC
S Ridgedale Avenue Rear
1
PA1
I-3/RES**/
CZ**
85.271
78.667
6.605
Stream, Water, Riparian, Wetlands, SFHA,
Airport Runway Safety Zone**
No Public Street Frontage
No
No
128
12
Novartis Pharmaceuticals - Tax Dept
S Ridgedale Ave
1
PA1
SED
11.267
9.018
0.712
0.712
Water, Riparian, Wetlands, SFHA
Due to environmental constraints, the 2.249-acre buildable area of this lot is divided
into 3 sections approximately 1.208 acres, 0.712 acres, and 0.329 acres. The largest
section includes area in front and around the existing stormwater basin for the
Novartis campus. The area in front of the basin is approximately 70 feet deep, while
the two narrow strips to the north and south of the basin are mostly less than 100
feet wide. Therefore, this section is in the Irregularly Shaped category. The smallest
section is inaccessible and is in the No Public Street Frontage category. Finally, the
0.712-acre section has frontage along Ridgedale Avenue and is rectangular. However,
the site is adjacent to a single-family residential neighborhood and is across the
street from the Novartis campus. The site is not suitable for multi-family
development as that type of development would be inconsistent with the
surrounding neighborhood. As a result, the identified area does not meet the site
suitability test and is instead Potential Infill Development.
No
No
128
41
Peter, Christian N.
Meadow
1
PA1
I-3
4.614
4.480
0.134
Stream, Riparian, Wetlands, SFHA
No Public Street Frontage
No
No
130
10
Esposito, Robert
Kane Pl
1
PA1
I-3
1.250
1.250
0.000
Stream, Riparian, Wetlands, SFHA
Environmentally Constrained
Yes
No
130
11.03
<Null>
<Null>
NR1
PA1
I-3
0.479
0.479
0.000
Stream, Riparian, Wetlands, SFHA
Environmentally Constrained
No
No
130
13.03
<Null>
<Null>
NR1
PA1
I-3
1.689
1.689
0.000
Stream, Riparian, Wetlands, SFHA
Environmentally Constrained
No
No
130
26
Otalora, Jairo/Castano, Adiela C
332 Ridgedale Ave
1
PA1
R-11
0.310
0.000
0.310
0.310
Potential Infill Development
No
No
130.01
4.01
59 Ridgedale Investors, LLC
Ridgedale Ave
1
PA1
B-2
0.221
0.221
0.000
Stream, Riparian, Wetlands, SFHA
Environmentally Constrained
No
No
131
4.01
Hanily, Stephen A & Susan
Florence Ave
1
PA1
R-11
0.294
0.000
0.294
0.294
Riparian
Potential Infill Development
No
No
142
3
JCPL C/O Tax Dept
Ridgedale Avenue Rear
1
PA1
I-3
14.987
14.987
0.000
Stream, Riparian, Wetlands, SFHA
Public Utility
No
No
142
9
<Null>
<Null>
NR1
PA1
R-15
0.026
0.026
0.000
Wetlands, SFHA
Environmentally Constrained
No
No
143
13
JCPL C/O Tax Dept
Ridgewood Rd
1
PA1
R-10
0.924
0.924
0.000
Water, Riparian, Wetlands, SFHA
Public Utility
No
No
148
13
Schoenhaar, Gretchen Trus/Pothuri,A
Evergreen Rd
1
PA1
R-10
0.680
0.184
148
19
Schoenhaar, Gretchen Trus/Pothuri,A
7 Highland Rd
1
PA1
R-10
0.385
0.000
148
34
Schoenhaar, Gretchen Trus/Pothuri,A
Evergreen Rd
1
PA1
R-10
0.106
0.000
153
5
Howering, Douglas A
Troy Rd
1
PA1
R-120
0.360
0.360
0.000
Riparian, Wetlands, SFHA
Environmentally Constrained
No
No
164
15
Witwick, Raymond T
Melrose Rd
1
PA1
R-10
0.354
0.287
0.067
SFHA
Environmentally Constrained
No
No
165
11
Roskaz, Frances Etals Trustees
Prospect Rd
1
PA1
R-10
0.112
0.112
0.000
Water, Riparian, Wetlands, SFHA
Environmentally Constrained
No
No
187
1
Di Cosmo, Alfonso/Margherita
Riverside Pkwy
1
PA1
R-120
0.812
0.812
0.000
Stream, Riparian, Wetlands, SFHA
Environmentally Constrained
No
No
187
28
<Null>
<Null>
1
PA1
R-120
2.106
2.106
0.000
Stream, Riparian, Wetlands, SFHA
Environmentally Constrained
No
No
187
44
Markant, Otto Est Of % Hendrixon
Riverside Pkwy
1
PA1
R-120
0.756
0.756
0.000
Riparian, Wetlands, SFHA
Environmentally Constrained
No
No
188
1
Markant, Otto Est Of % Hendrixon
Pine St
1
PA1
R-120
0.709
0.709
0.000
Wetlands, SFHA
Environmentally Constrained
No
No
188
11
Ott, Christopher & Vivian
Pine St
1
PA1
R-120
0.823
0.754
0.069
Wetlands, SFHA
Environmentally Constrained
No
No
189
1
Ott, Christopher
Harvest Ave
1
PA1
R-120
0.634
0.273
0.361
Riparian, Wetlands, SFHA
No Public Street Frontage
No
No
190
1
Ott, Christopher
Grove Ave
1
PA1
R-120
2.350
2.350
0.000
Riparian, Wetlands, SFHA
Environmentally Constrained
No
No
190
41
Markant, Otto Est Of % Hendrixon
Grove Ave
1
PA1
R-120
0.425
0.425
0.000
Wetlands, SFHA
Environmentally Constrained
No
No
191
1
Markant, Otto Est Of % Hendrixon
Peach Tree Ave
1
PA1
R-120
2.446
2.446
0.000
Riparian, Wetlands, SFHA
Environmentally Constrained
No
No
198
5
Vulpi, Joanna
Harvest Ave
1
PA1
R-20
0.336
0.336
0.000
Riparian, Wetlands, SFHA
Environmentally Constrained
No
No
201
9
Facchino, Nicholas & Toscano, C&J
49 Balsam Ave
1
PA1
R-20
0.119
0.119
0.000
Wetlands, SFHA
Environmentally Constrained
No
No
202
1
Iradi Management Co, LLC
Drake Ave
1
PA1
R-120
2.117
2.117
0.000
Wetlands, SFHA
Environmentally Constrained
No
No
203
1
Di Cosmo, Alfonso & Margherita
Wildwood Ave
1
PA1
R-120
0.803
0.803
0.000
Riparian, Wetlands, SFHA
Environmentally Constrained
No
No
205
1
Di Cosmo, Alfonso & Margherita
Klinger Rd
1
PA1
R-120
1.649
1.649
0.000
Stream, Riparian, Wetlands, SFHA
Environmentally Constrained
No
No
207
2
Iradi Management Co, LLC
106 Klinger Rd
1
PA1
R-120
0.869
0.869
0.000
Stream, Riparian, Wetlands, SFHA
Environmentally Constrained
No
No
208
1
Iradi Management Co, LLC
Orchard Pl
1
PA1
R-120
1.903
1.903
0.000
Wetlands, SFHA
Environmentally Constrained
No
No
224
3.01
<Null>
<Null>
NR1
PA1
R-120
0.758
0.758
0.000
Stream, Riparian, Wetlands, SFHA
Environmentally Constrained
No
No
Total
377.317
263.032
112.748
13.549
0
0
Notes:
Property Class 1 - Vacant
Property Class NR1 - No tax record and no visible development. Therefore, determined to be vacant.
PA1 - Metropolitan Planning Area
0.988
0.988
Wetlands, SFHA
The identified area is surrounded by a single-family residential neighborhood. The
site is not suitable for multi-family development as that type of development would
be inconsistent with the surrounding neighborhood. As a result, the identified area
does not meet the site suitability test and is instead Potential Infill Development.
No
No
EHT017A
Page 2 |3
Township of East Hanover
Vacant Land Analysis
Version 2 - April 22, 2025
Notes (continued):
SFHA - FEMA Special Flood Hazard Area
Riparian Buffer - 150-foot buffer from Non-C1 Stream
Wetlands - Includes properties encumbered by a 50 and/or 150-foot buffer
Steep Slopes - Areas with slopes greater than 15%
Undersized - 0 to 0.125 acres
Potential Infill Development - 0.125 to 0.625 buildable acres
Potential Development - 0.625 or more buildable acres
*Block 5, Lots 7.03 and 7.08 were created via subdivision approval by the Planning Board in 2016 from Block 5, Lot 7, which was included in the Third Round RDP. Therefore, Lots 7.03 and 7.08 are excluded from this 4th Round VLA.
**Airport Safety Zones are regulated by N.J.A.C 16:62 (Department of Transportation) and superceded municipal zoning. The law prohibits residential units not situated on lots of at least 3 acres, multi-family dwellings, and other uses. The Township Zoning Map illustrates the regulated Airport Safety Zones as the Runway End Subzone Overlay ("RES")
and the Clear Zone Overlay ("CZ").
EHT017A
Page 3 |3
Appendix H | Hanover Park Documents - 1992
Master Deed, Affordable Housing Agreement,
Repayment Mortgage with Deed Restrictions
RECEIVED
MASTER DEED
ALFONSE W. SCERBO
FOR
M O R R I S CO. CLERK
HANOVER PARK, A CONDOMINIUM
Record and Return to:
Professional Abstract
520 Westfield Avenue
I
Elizabeth, NJ 07208
Prepared by:
MASTER DEED FOR
HANOVER PARK. A CONDOMINIUM
TABLE OF CONTENTS
Establishment of Condominium ...........................
2
............................................
Definitions
2
General Description of Condominium .....................
9
Description of Units ...................................
10
Description of General and Limited Common Elements ......
12
General Common Elements ...........................
12
...........................
~~~
Limited
--
...
Common Elements
15
Reserved Common Elements ..........................
15
Estate Acquired; Interest in Common Elements; Interest
in Common Surplus; Voting; Common Expenses .........
16
Covenant for Maintenance and Capital Improvement
Assessment .........................................
16
Common Expenses; Responsibilities of Owners; Damage
Due Negligence; Omission or .......................
20
Affordable Units .........................................
22
Easements ...............................................
26
Sponsor's Reservation of Amendment Rights ...............
32
Restrictions ............................................
36
Obligations of Sponsor ..................................
46
No Partition ............................................
48
Membership in the Association ...........................
48
Compliance by Owners; Enforcement .......................
48
Use of Common Elements and Condominium Property ..........
49
Damage or Destruction of the Property ...................
50
Eminent Domain ..........................................
54
Insurance ...............................................
57
Amendment of Master Deed, Termination ...................
57
Enforcement ........................................
58
Municipal Maintenance ...................................
59
Waiver ..................................................
61
Gender ...................................................
61
Ratification, Confirmation and Approval of Agreements ....
61
Eligible Mortgage Holder's Rights .......................
62
Rule Against Perpetuities ...............................
66
Special Sponsor's Rights ................................
66
Invalidity ..............................................
70
Exhibits ................................................
70
MASTER DEED
FOR
HANOVER PARK, A CONDOMINIUM
THIS MASTER DEED, made this 14th day of December, 1992, by
HANOVER PARK INC., a New Jersey corporation having an office at 90
Woodbridge Center Drive, New Jersey (hereinafter referred to as
81Sponsoru) .
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WHEREAS, Sponsor is the owner of the fee simple title to those
lands and premises in the Township of East Hanover, County of
Morris, State of New Jersey, more particularly described in Exhibit
olAff
attached hereto and made a part hereof, which lands and
premises are hereinafter referred to as the "PropertyI1; and
1
WHEREAS, the Property is projected, but not required to
ultimately include three hundred seventy (370) residential
apartment units hereinafter referred to collectively as llUnitsll,
together with parking areas, walkways, other improvements all as
are more particularly shown on a certain Final Map prepared by
Johnson Engineering, Incorporated and attached hereto and made a
part hereof as Exhibit llB",
and on certain architectural drawings
prepared by Steven M. Prawer, P.A., and attached hereto and made
a part hereof as Exhibit Vfl.
, and
WHEREAS, it is the intention of the Sponsor to establish the
form of ownership of the property as a condominium pursuant to the
. .
& t -&e&ttittlll++FkJ.
S .A. It--1-et
seq., under the name of ItHanover Park, A Condominium", (hereinafter
).
referred to as the "Condornini~m~~);
and
WHEREAS, the Sponsor at this time intends to establish the
Condominium initially as a three hundred seventy (370) unit
Condominium, as described in Exhibits B and C hereto; and
WHEREAS, the Sponsor has established or is about to establish
Hanover Park Condominium ~ssociation,
I~c.,
a New Jersey non-profit
corporation, for the administration, operation and management of
the Condominium and other improvements intended for the common use
and enjoyment of the residents of the Condominium.
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THEREBORE, WITNESSETH:
1.
ESTABLISHMENT OF CONDOMINIUM.
The Sponsor does hereby submit, declare and establish in
accordance with N.J.S.A. 46:BB-1 et seq. the condominium form of
ownership for that parcel of land described in Exhibit ItAl1
aforesaid and as more particularly shown on Exhibits "BI1 and "CU,
aforesaid.
2.
DEFINITIONS.
For the purpose hereof, the following terms shall have
the following meanings unless the context in which same is utilized
clearly indicates otherwise:
(a) "Affordable Condominiumst1 shall be as defined under the
Affordable Housing Laws herein.
(b) "Affordable Housing Laws" or ItLawsw shall mean and refer
to the Fair Housing Act, N.J.S.A. 52:27D-301 et seq.;
Regulations of the Council on Affordable Housing,
& , T A P
5 - . - 1 . 1 et ~ e q ,
- a n A - o & & U ~ u s i , n g
Ordinance No. 15-1989 of the Township of East Hanover.
(c) *IAssociation** shall
mean
Hanover
Park
Condominium Association, Inc., a New Jersey
non-profit corporation, formed to administer,
manage and operate the common affairs and
Common Elements of the Unit Owners and the
Condominium, as provided in this Master Deed
and the Bylaws.
(d) **Boardt8
shall mean the Board of Directors of
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*he-Assosiation and any reference herein or in
the Certificate of Incorporation, Bylaws or
Rules and Regulations to any power, duty, right
of approval or any other right of the
Association shall be deemed to refer to the
Board
and
not the membership
of
the
Association, unless the context expressly
indicates to the contrary.
(e) **Buildingn shall mean all the structures
containing Units and structural improvements
appurtenant thereto which are located on the
lands described in Exhibit **A**
and shown on
Exhibits **B8*
and "C**
respectively.
(f) **Bylaws** shall mean the Bylaws of the
Association, a copy of which document is
attached hereto and made a part hereof as
IlDll
" I
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a M & u % -
amendments or supplements thereto.
(g) "Certificate of Inc~rporation*~
shall mean the
Certificate
of
Incorporation
of
the
Association, a copy of which document is
attached hereto and made a part hereof as
Exhibit "E", together with
all
future
amendments or supplements thereto.
(h) V!ommon Elements" shall mean "General Common
Elements" or "Limited Common Elements" of the
C m d m i n i u m as set forth in N . J . S . A .
46:8B-
3 (dl.
(i) "Common Expensesn1,
"Common Charges" or vlCommon
Expense Assessments" shall, subject to the
provisions of Paragraph 6 hereof, mean all
those expenses anticipated by N . J . S . A .
46:8B-
3(e), in addition to all expenses including
reserves incurred
or
assessed
by
the
Association, or its respective directors,
officers, agents or employees, in the lawful
performance of their respective duties or
powers.
(j) "Common Property" shall be as defined under Common
Elements herein.
(k) "Component Analysis Chartw shall mean and refer
to the chart annexed hereto as Exhibit vlGt*
obligations of the Unit Owner and the
Association.
wCondominium~~
shall mean (i) all the lands and
premises described in Exhibits "Arf and "BU that
have been subjected to this Master Deed; (ii)
all improvements now or hereafter constructed
in, upon, over or through such lands and
premises, whether or not shown on any Exhibit
hereto; and (iii) all rights, roads, waters,
privileges and appurtenances thereto belonging
or appertaining; and (iv) the entire entity
created by the execution and recording of this
Master Deed and (v) any and all lands,
premises, roads, interests, improvements and
privileges which may be added to the
Condominium from or on the premises described
in Exhibits
and I*B.@@
@*Condominium
Act1@ shall mean the provisions of
N . J . S . A .
46:8B-1 et seq., and all applicable
amendments and supplements thereto.
*%?nerd1 Common Elements1@ shall have the same
meaning as tlcommon elementsn pursuant to
N . J . S . A .
46:8B-3(d), except as same may be
modified by the provisions of paragraph 5
hereof.
I@ shall mean and refer
to any First Mortgage holder which has
requested in writing that the Association
provide notice of
any
action by
the
Association which requires the consent of a
specified percentage of Eligible Mortgage
Holders.
I1Lease1l shall mean any agreement for the
leasing or rental of any Unit of the
Condominium.
%imited Common Elementsl1 shall have the same
meaning as "limited common elementsn1
pursuant
to N.J.S.A.
46:8B-3(j), except as same may be
modified by the provisions of Paragraph 5
hereof.
I1Low Income Familiesn1 and I1Low Income Unitstn shall be
defined under the Affordable Housing Laws herein.
"Master Deedn1 shall mean this instrument
together with all future amendments or
supplements hereto.
"Memberl1 - Every person, firm, association,
corporation or other legal entity, including
the Sponsor, who is a record owner or co-owner
of the fee title to any Unit shall be a Member
of the Association; provided, however, that
any person, firm, association, corporation, or
- 4 - u .
s. CI -rest
merely as a security for the performance of an
obligation (including but not limited to mortgagees
or trustees under deeds of trust) shall not be a
Member of the Association.
"Moderate Income FamiliesIt and "Moderate Income
Units" shall be defined under the Affordable Housing
Laws herein.
880wner8*
or Wnit Owner8* shall mean and refer
to those persons or entities in whom record fee
-1vizttle
to any Unit is vested as shown in
the records of the Morris County Clerk,
including the Sponsor unless the context
expressly indicates otherwise, but despite any
applicable theory of mortgage, shall not mean
or refer to any mortgagee unless and until such
mortgagee has acquired title to any such Unit
pursuant to foreclosure proceedings or any
proceeding in lieu of foreclosure, nor shall
the term Wnit Owner1# refer to any lessee or
tenant of a Wnit Owner."
"Permitted Mortgage" shall mean and refer to
any mortgage lien encumbering a Unit held by
a bank, mortgage banker, trust company,
insurance
company,
savings
and
loan
association, pension fund, governmentalagency,
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r;ligmle mortgage nolder or wnicn is
a purchase money mortgage held by the Sponsor
or by the Seller of a Unit.
It shall also
include any other mortgage lien which is
expressly subordinate to any and all existing
or future Common Expense liens imposed against
the Unit by the Association.
(x) "Propertytf shall mean the land and premises
described in Exhibits lvB1l and "CW and all
improvements now or hereafter constructed in,
- --- - - -
upon, over or through such land and premises
and all land or premises described in Exhibits
"A" and flB1l
which may be added to the
Condominium and Property by duly recorded
amendments to this Master Deed.
(y) otRules
and Regulations" shall mean the rules
and regulations of the Association together
with all future amendments of supplement
thereto. The Association shall not be required
to record either the original or any amendments
or supplements to the Rules and Regulations.
( 2 ) g8Sponsorao
shall mean and refer to Hahover Park
Inc., a New Jersey Corporation, its successors
and assigns, and includes any successor to the
Sponsor contemplated by Paragraph 28 of this
Master Deed.
1
1
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+
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8
ium
designated and intended for independent
ownership and use as a residential dwelling
regardless of type, all as more specifically
described in Paragraph 4 hereof and shall not
be deemed to include any part of the General
Common Elements or Limited Common Elements
situated within or appurtenant to a Unit.
Unless the context clearly indicates otherwise, all
definitions set forth in N.J.S.A. 46:8B-3 are incorporated herein
-mreference and the definitions set forth above shall be used in
conjunction therewith.
3.
GENERAL DESCRIPTION OF CONDOMINIUM.
The development includes thirty-six (36) multi-unit
buildings containing three hundred seventy (370) units as shown'on
a map entitled "Final Plans of Hanover Estates located in East
Hanover Township, Morris County, N. J." dated July 15, 1991 and
revised December 10, 1991, February 6, 1992, March 19, 1992 and
Apri'l 1, 1992 approved by the Planning Board of East Hanover
Township in May, 1992 and on file in the Office of the Planning
Department East Hanover Township, Morris County, N.J., including
all rights, roads, water privileges and appurtenances to the
development, the buildings will either have separate numerical
designations and will contain from eight (8) to sixteen (16)
separate Units. Each Unit will have its own identifiable address
by street number.
the r
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will include the lands described in Exhibit "Af1,
attached hereto
1
and made a part hereof which is graphically depicted on the Final
Map appearing as Exhibit "B" to the Master Deed. The Condominium
will include parking areas and other site improvements all as shown
on the Final Map appended to this Master Deed as Exhibit "B" which
depidks the entire Condominium in its present state, and shall also
include all rights, privileges, roads, waters and appurtenances
thereto belonging or appertaining.
4.
DESCRIPTION OF UNITS.
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Each of the Units consists of (a) the volumes or cubicles
of space enclosed by the unfinished inner surfaces of perimeter and
interior walls, ceilings and floors of the Units, including vents,
doors, windows, and any other structural elements that ordinarily
are regarded as enclosures of space, and the patio or deck,
cellars, if any, and garages of the Units, if any, and; (b) all
interior dividing walls and partitions (including the space
occupied by those walls or partitions), excepting load bearing
interior walls and partitions; and (c) in two-story townhouse
Units, the floor-ceiling between the first and second floor of the
Units; (d) the decorated inner surfaces of the perimeter and
interior walls, including decorated inner surfaces of all interior
load bearing walls, floors and ceilings, consisting of wallpaper,
paint, plaster, carpeting, tiles and all other finishing materials
affixed or installed as a part of the physical structure of the
Unit; (e) all fixtures, mechanical systems and equipment installed
-
and for the sole and exclusive use of th e Unrt, commencing at €Xi--
point where they enter the Unit; and (f) the utility lines, pipes
10
or systems serving the Unit or appurtenant to the Unit, including,
but not limited to, the following individual appurtenances:
(1) Heating system equipment and any air conditioning system
(including compressors) which may be installed.
(2) So much of the plumbing system as extends from the walls
or floors into the interior air space, including water
heater.
(3) All utility meters not owned by the utility supplying
service.
( 4 )
All electrical wires which extend from the ceiling, walls
or floors into the interior air space and all fixtures,
switches, outlets and circuit breakers.
No pipes, wires, conduits, or other utility lines or
installations serving any Unit, nor any of the structural members
or portions of any kind, including fixtures and appliances within
the Unit which are not removable without jeopardizing the
soundness, safety or usefulness of the remainder of the building,
are a part of any Unit.
Interior partitions or nonbearing walls within the confines
of each Unit may, from time to time, be removed or replaced subject
to the prior written approval of the Board. In the event a Unit
Owner does remove or replace any or all such interior partitions
or walls, no amendment of the Master Deed will be necessary or
required. No Unit may be partitioned or subdivided without the
pkior written approval of any Fliii%le Flortgage Holder for such
Unit and the Board. None of the foregoing approvals shall apply
to Sponsor prior to the conveyance of any Unit(s) affected to
1
another Unit Owner.
Sponsor shall, upon the recording of this Master Deed and any
amendinent thereto, be the Owner of every Unit within the
Condominium, including its appurtenant percentage interest in the
Common Elements and shall have the right to sell and convey, lease,
or otherwise dispose of each such Unit as it may deem appropriate
in its sole discretion.
57 -DESeRIPTION OF GENERAL AND LIMITED COMMON ELEMENTS.
(a)
General Common Elements
An estate inseparable from each Unit in the
remaining portions of the lands and improvements covered by the
Master Deed, known as ttCommon
Elementstt,
which include, but are not
limited to, the following:
(i) The land described in Exhibits ItAtt
and ttBtt
subject
to easements and matters of record, excepting any
road dedicated as public right-of-way to the
Township of East Hanover.
(ii) The multi-unit buildings described above including
the space within each Building not otherwise defined
as being embraced within the three hundred seventy
(370) Units, including the foundations, structural
and bearing parts, supports, roofs, floors and
ceilings (except the floor-ceiling of the two-story
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interior walls and partitions, slabs, if any,
1
12
(iii)
exterior entrances and exits, pipes, wires,
conduits, air ducts and utility lines, includingthe
space actually occupied by the above.
All of the roads, driveways, parking spaces,
walkways, paths, trees, shrubs, yards, gardens,
exterior entrance and exit ways, including stoops
or steps, paths and service walkways, as applicable;
subject to easements set forth in this Master Deed
and any improvements appurtenant to the recreational
area.
Any land or improvement or appurtenance reserved
exclusively for the management, operation or
maintenance of the Common Elements or the
Condominium Property.
All central services, utilities and installations.
All apparatus and installations existing or intended
for common use.
All other elements of any improvement necessary or
convenient to the existence, management, operation,
maintenance, and safety of the Common Elements or
Condominium Property or normally in common use,
unless specifically excluded.
The parking spaces, as shown on Exhibit "Btl
constitute Common Elements and area administered by
the Condoml%ium
AssociX€i~including assignment
and reassignment of parking spaces in the sole
discretion of the governing Board, provided in the
event of assigned parking spaces at least one space
will be allocated to each unit.
The Common Elements do not include any of the three hundred
seventy (370) Units as shown on Exhibits rtBtt
and rrCtr
inclusive,
despite the fact that the multi-unit buildings in which those Units
shall be located may not have been constructed at the time of the
recording of this instrument; it being the intention of the Grantor
that the interest in the Common ~lementk appurtenant to each Unit
- _ _--
as that interest is described in this Master Deed will not include
any interest whatsoever in any of the other Units and the space
within them.
The Owners of a Unit will have an estate in their Units as may
be acquired by grant, purchase or operation of law, including an
)
estate in fee simple. The Owners will acquire as an appurtenance
to each Unit an undivided interest in the Common Elements of the
Condominium expressed as percentages aggregating 100%.
The
appurtenant undivided interest in the Common Elements is not
divisible from the Unit to which it appertains. The undivided
interest shall be used to allocate the division of proceeds, if
any, resulting from any casualty loss, any eminent domain
proceedings, any common surplus other than resulting from current
operations, or from any other disposition of the Condominium
Property.
The percentage is a finite number to avoid an
interminable series of diqj t-
M a s T d i g i t has been adjusted
-
to that value which is nearly correct. The percentage will remain
fixed.
The percentage does not apply to voting rights or the
1
allocation of expenses or surpluses from current operations of the
Condominium Association. No change in the price or value of any
Unit shall change or otherwise affect the percentage of interest
of any Unit in the Common Elements.
(b)
~imited Common Elements
The Limited Common Elements shall be as graphically
shown on Exhibits "B8' and '*C1'
aforesaid and shall include by way
&description
and not by way of limitation, any terrace, balcony,
or patio to which there is direct access from the interior of a
Unit and shall be for the exclusive use of such Unit to which it
is physically adjacent. Each Unit Owner's right to use any Limited
Common Elements appurtenant to his Unit may not be transferred
apart from the conveyance of title to the Unit.
The responsibility for the maintenance and repair
of the Limited Common Elements shall be as set forth in the
Commnent Analysis Chart annexed hereto as Exhibit "G."
(C)
R
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The Board shall have the power in its discretion:
(i) To designate from time to time certain
Common Elements as "Reserved Common Elements*'; (ii) grant reserved
rights therein to the Association and to any or less than all of
the Unit Owners; and (iii) establish a reasonable charge to such
Unit Owners for the use and maintenance thereof. Such designation
by the Board shall not be construed as a sale or disposition of the
Common Elements.
6.
ESTATE ACOUIRED: INTEREST IN COMMON EXPENSES: INTEREST
1[El COMMON SURPLUS: VOTING: COMMON EXPENSES.
The Owner of each Unit shall have such an estate therein
as may be acquired by grant, by purchase or by operation of law,
including an estate in fee simple; and shall acquire as an
appurtenance thereto an undivided percentage interest in the Common
Elements of the Condominium, which shall not be divisible from the
Unit to which it appertains, as set forth in Exhibit "F" attached
hereto and
- - made a part hereof. Said percentage
-
has been adjusted
to permit same to be expressed as a finite number and to avoid an
interminable series of digits.
The aforesaid percentage interest shall be used to (i)
allocate the division of proceeds, if any, resulting from casualty
loss, any eminent domain proceedings, any common surplus of the
Association; or from any other disposition of the Condominium
property; and (ii) to apportion the assessments for the Common
Expenses of each Unit within the Condominium.
Each Unit, including unbuilt Units which have not been
conveyed to individual purchasers, shall be entitled to one (1)
vote in Hanover Park Condominium Association. If a Unit is owned
by more than one person, the one vote to which said Unit is
entitled shall be divided by the number of co-owners of said Unit.
7 .
COVENANT FOR MAINTENANCE AND CAPITAL IMPROVEMENT
ASSESSMENTS.
It shall be an affirmative and perpetual obligation of
the Board to fix Common Expense assessments in an amount at least
sufficient to maintain and operate the Common Elements as
contemplated by the Master Deed or Bylaws and as required by the
Condominium Act. The amount of monies for Common Expenses of the
Association deemed necessary by the Board and the manner of
expenditure thereof shall be a matter for the sole discretion of
the Board.
Common Expense assessments shall be made for an annual
period to be determined by the Board, and shall be payable in
- ---
'L
-monthly installments due on the first day of each month. The Board
shall cause to be prepared annually at least thirty (30) days in
advance of the due date of the first Common Expense installment for
the period, a list of the Units and the annual Common Expense
assessment applicable thereto, according to the names of the Unit
Owners, which list shall be kept in the office of the Association
\
and shall be open to inspection, upon request, by any Unit Owner.
Written notice of the annual Common Expense assessments shall be
# sent by mail or delivered to every Unit Owner, as more particularly
described in Article XIV of the Bylaws.
If, after the Sponsor no longer controls the Board of
Directors, an annual Common Expense assessment is not made as
required, an assessment shall be presumed to have been made in the
amount of 110% of the last prior year's assessment, and any
installments of such annual assessments shall be due upon each
installment payment date until a new annual Common Expense
a
c
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In the event the annual Common Expense assessment proves
)
to be insufficient, the budget and assessment may be amended at any
time by the Board, provided that nothing herein shall serve to
prohibit or prevent the Board from imposing a lump sum assessment
in the case of any immediate need or emergency.
In addition to the annual Common Expense assessments
hereinbefore authorized, the Board may levy, in any assessment
year, a special Common Expense assessment, for the purpose of
defraying, in whole or in part, the cost of any construction or
reconstruction, unexpected repair or replacement or a described
capital improvement upon or to the Common Elements, including the
necessary furniture, fixtures, equipment and other personal
property related thereto, or for any other lawful purpose, provided
that any such special Common Expense assessment shall be authorized
by the vote in person or by proxy of two-thirds ( 2 1 3 ) of all the
aggregate votes held by all of the Members in good standing
effected at a meeting duly called for such purpose. Written notice
of such meeting shall be sent to all Unit Owners at least thirty
(30) days in advance, which notice shall set forth the purpose of
the meeting. The due date(s) of any special assessment, or any
installment(s)
thereof, shall be fixed in the resolution
authorizing such special assessment. Any special assessment levied
pursuant to this paragraph shall be applicable only for the year
in which it is assessed.
Every Unit Owner, by acceptance of a deed or other
conveyance for a Unit, whether or not it shall be so expressed in
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any such deed or other conveyance, shall be deemed to covenant and
agree to pay to the Association such sums, by way of annual or
special Common Expense assessments contemplated herein or in the
Bylaws. Upon the conveyance of title to a Unit, the portion of the
then current annual assessment payable by the new Unit Owner shall
be an amount which bears the same relationship to the annual
assessment as the remaining number of months in the then current
annual assessment period bears to twelve. No portion of any month
shall be prorated. Such first annual assessment or portion thereof
for which a new Unit Owner is liable shall be immediately due upon
-
the closing of title to the purchaser.
The Association shall, within ten (10) days of the
request of any Unit Owner liable for a Common Expense assessment,
or of the holder of any Permitted Mortgage for any Unit, furnish
to such Unit Owner or holder of any Permitted Mortgage, a
certificate in writing, signed by an officer of the Association,
setting forth whether or not such annual Common Expense assessment
or any special Common Expense assessment has been paid.
Such
certificate shall constitute conclusive evidence of the payment of
any Common Expense assessments therein stated to have been paid.
No Unit Owner may waive or otherwise avoid liability for
Common Expenses by non-use of the Common Elements.
Each such
assessment shall be a continuing lien upon the Unit against which
it was made and shall also be the joint and several personal
obligation of the Owner of such Unit at the time when the Common
Expense assessment fell due, and of each subsequent record Owner
of such unit, together with such interest thereon and cost of
collection thereof (including reasonable attorney's fees). Liens
for unpaid Common Expense assessments may be foreclosed by suit
brought in the name of the Association in the same manner as a
foreclosure of a mortgage on real property.
Suit to recover a
,money judgment for unpaid Common Expense assessments may be
maintained without waiving the lien securing the same.
The annual Common Expense assessments levied by the Board
shall be used exclusively for promoting the health, safety,
--
pleasure and welfare of the Members of the Association, including,
but without limitation: The maintenance and repair obligations set
Forth in the Component Analysis Chart as to the Units and Limited
Common Elements; maintenance, repair and replacement of the Common
Elements or any other improvements on the Property; payment o f
taxes and insurance premiums; all costs ancl expenses incidental to
the operation and administration of the Association; and, such
'other items as may from time to time be deemed appropriate by the
Board.
The Board may also provide, by promulgating Rules and
Regulations, that ordinary maintenance and minor repairs and
replacements be furnished to Units by Association personnel or
representatives and charged as a Common Expense.
Each Unit Owner shall promptly furnish, perform and be
responsible for, at his own expense, all of the maintenance,
repairs and replacements within his own Unit, provided, however:
The Association, its aqents and employees may effect
--
emergency or
-
other necessary repairs which the Unit Owner has failed to perform;
but any and all expenses incurred pursuant to the foregoing
provisions shall be the responsibility of the Unit Owners affected
thereby. Except as hereinbefore provided, maintenance, repairs and
lieplacements of the plumbing fixtures and systems, windows, doors,
electrical wiring and receptacles, kitchen appliances and
equipment, and lighting fixtures within any Unit shall be the Unit
Owner's responsibility at his sole cost and expense, and if the
Unit Owner fails to perform such work, the Association may do so
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on the Unit Owner's behalf and charge the reasonable expenses
thereof to the Unit Owner.
Maintenance, repair, replacement
cleaning and washing of all wallpaper, paint, paneling, floor
covering, draperies and window shades or curtains within any Unit
shall also be the Unit Owner's responsibility at his sole cost and
I
)
expense.
Unit Owners will be responsible for such maintenance of
Limited Common Elements, if any, appurtenant to their respective
Units as set forth under Unit Owner Responsibilities in the
Component Analysis Chart and the repair or replacement of any
damage to the Limited Common Elements caused by the Unit Owner or
the Unit Owner's family, guests, invitees, employees or agents.
The Association shall be responsible for such maintenance, repair
or replacement of the Common Elements and the Limited Common
Elements as set forth under Condominium Association Maintenance in
the Component Analysis Chart.
If, due to the negligent act or omission of or misuse by
Unit Owner, or a member of his family or household pet, or a guest,
occupant or visitor (whether authorized or unauthorized by the Unit
Owner), damage shall be caused to the Common Elements, or to a
Unit(s) owned by others, or maintenance, repairs or replacements
ShaLP be required which would otherwise be a Common Expense, then
the Unit Owner so responsible shall pay for such damage and be
liable for any damages, liability, costs and expense, including
attorney's fees, caused by or arising out of such circumstances;
and such maintenance, repairs and replacements to the General or
LimitedpC6mmon Elements or the Unit(s) shall be subject to the
Bylaws and Rules and Regulations that may be promulgated by the
Board.
9.
AFFORDABLE HOUSING UNITS.
Seventy-four (74) Units in the Condominium are subject to the
Fair Housing Act (the "Act*'). N. J.S.A. 52:27D-301 et seq. The Act
enables the promulgation of regulations by the Council on Afford-
able Housing, N.J.A.C. 5:92-1.1 et seq. and the ordinances of the
Township of East Hanover. The Act and regulations are incorporated
herein by reference. Those Units which are Affordable Housing are
designated by LM1, LM2 and LM3. The Lower Income Affordable Units
have a percentage interest in the Common Elements as showr, in
Exhibit F attached hereto. The Moderate Income Affordable Units
have a percentage interest in the Common Elements as shown in
Exhibit F attached hereto. Compliance with the Fair Housing Act
is required by the Act and was a condition of approval imposed upon
Grantor by the Planning Board of the Township of East Hanoverin
connection with the application for development of the Hanover Park
Condominium.
The Township of East Hanover imposed Affordable
Housing requirements upon Grantor in an effort to satisfy a portion
ofthe Township's constitutional obligations with respect to making
affordable housing available within the Township. Purchasers of
Affordable Condominiums may not sell their Units on resale for a
purchase price greater than the original purchase price as
reflected in their Deeds plus a percentage based on the percentage
increase in median income as determined by the United States
-- -- -
Department of Housing and Urban Development ("HUD1') and published
in N.J.A.C.
5:92-1.1 et. seq. or other recognized standard adopted
by the Council on Affordable Housing (the llCouncilll).
Purchasers
of Affordable Condominiums may not sell their Units on resale to
a person other than one qualifying as a family of low or moderate
income as the applicable case may be and in compliance with all
rules, regulations and requirements duly promulgated by the Council
or Township of East Hanover pursuant to the Act.
Purchasers of
Affortlable Condominiums may not lease their Units to persons other
than one qualifying as a family of low or moderate income as the
applicable case may be and in compliance with all rules,
regulations, and requirements duly promulgated by the Council or
Township of East Hanover. It is the intent and purpose that these
Affordable Condominiums be and remain Affordable Condominiums which
are affordable to Lower Income Families in accordance with the
provisions of the Act.
In addition to the foregoing restrictions, the resale or
reletting of Affordable Condominiums shall be subject to the rules
1
2 3
and regulations established by the Council or Township of East
Hanover. The Council and Township of East Hanover shall monitor
and approve resale and reletting of the Affordable Condominiums to
assure that purchasers of same shall be Lower Income Purchasers as
defilled by the Council's income criteria in effect at the time of
the proposed resale. Resale of an Affordable Condominiums shall
be approved so long as the purchase price as required in the
contract of sale and the Deed conveying title to the new Buyer is
notgreater than the purchase price as reflected in the Deed which
conveyed title to the selling Owner plus the percentage increase
in median income as determined by HUD or other recognized standard
adopted by the Council, provided, however, that the resale price
may exceed the foregoing if a greater sum is required to pay off
and discharge an existing Purchase Money Mortgage.
Owners of the Affordable Condominiums may add amenities or
improvements to such Units with approval from the Township of East
Hanover; however, the effect of these improvements may not increase
the resale price of the Unit beyond amounts which are considered
by the Agency to be affordable to Lower Income Purchasers. In the
event that such amenities or improvements are installed, however,
the resale price of the Affordable Condominiums shall nevertheless
be restricted by the Agency in accordance with the foregoing
standards.
Owners of Affordable Condominiums shall maintain them in
accordance with the standards established by the Association.
Failure to do so shall permit the Association to do so at the cost
2 4
and expense of the Owner of the Affordable Condominium, and the
Association shall have a lien on the Unit for the recovery of all
sums expended for such purpose as provided for in the Master Deed.
Owners of the Affordable Condominiums shall not convey title
to or by lease or otherwise deliver possession of the Affordable
Condominiums other than in accordance with the Fair Housing Act and
regulations of the Council and Township of East Hanover.
The
Association
shall have no responsibility whatsoever
for
-
diiiplZ5iiiSnting1 enforcing, or supervising the Fair Housing Act. The
fair market value of the Affordable Condominiums in the event that
the Association elects not to rebuild, with respect to Paragraph
18 of the Master Deed entitled "Damage or Destruction of the
Propertyno,
shall be determined in accordance with the provisions
of this Plan and shall be limited to purchase price paid for the
Affordable Condominium by the Owner plus the percentage increase
in median income as determined by HUD or other recognized standard
adopted by the Council.
The Association shall carry insurance
coverage upon the Affordable Condominiums equal to replacement cost
and such Units shall be rebuilt and replaced and subject to the
provisions of this Plan in the event the Association elects to
rebuild. If the Association elects not to rebuild or dissolve as
provided in the Master Deed, then the seventy-four (74) Affordable
Condominiums shall be forever released from the restrictions and
requirements of the Fair Housing Act.
m e terms, restrictions, provisions, and-covenants of the Faik
Housing Act and related regulations, and the provisions of the
Master Deed referring to and incorporating the Fair Housing Act,
shall automatically expire and terminate at the earlier of the
following:
(1) twenty (20) years from the issuance of a
CertYficate of Occupancy on the Unit; and (2) the date upon
which the right of redemption expires with respect to the
foreclosure of the First Purchase Money Mortgage lien upon an
Affordable Condominium by the first mortgagee of the Affordable
~ ~ o m i n l u m
as the Plan applies to the specific Units which is
subjected to a foreclosure pursuant to this provision; and (3) the
date upon which the Association dissolves or ceases to exist for
any reason for any period of time in which case a document
certifying same shall be duly recorded with the Clerk of Morris
County.
10. EASEMENTS.
Every Unit Owner, his successors and assigns, shall have
the following perpetual easements with respect to the Property:
(a) A non-exclusive easement in, upon, over, under,
across and through the Common Elements to keep,
maintain, use, operate, repair and replace his Unit
in its original position and in every subsequent
position to which it changes by reason of the
gradual forces of nature and the elements; and
(b) An exclusive easement for the existence and
nuance of any encroachment~is
unit uponany
adjoining Unit or upon any Common Elements, now
existing or which may come into existence hereafter
as a result of construction, reconstruction, repair,
shifting, settlement or movement of any portion of
a Building or a Unit, or as a result of condemnation
or eminent domain praceedings, so that any such
encroachment may remain undisturbed so long as the
Building stands; and
A non-exclusive easement for ingress and egress to
his-Unit in, upon, under, over, across and through
the General Common Elements; and
An exclusive easement to use and enjoy the surfaces
of the main walls (including any windows, doors,
chimneys, balcony, stoops), ceilings and floors
contained within any Unit; and
An easement in common with the Owners of all other
Units to use all pipes, wires, ducts, cables,
conduits, utility lines, cable and master antenna
television, and other Common Elements located in any
of the other Units and serving any Unit; and
A perpetual and non-exclusive easement in, over and
through the General Common Elements of
the
Condominium and to use the walkways and other common
facilities within the Condominium subject to the
right of the Board to:
-cLReg&&&a~sf
e?+k!=n-use
and enjoyment thereof; and
(ii) suspend the voting rights of any Unit Owner for
any period during which any assessment for
Common Expenses remains unpaid, or for any
period during which any infraction of its
published Rules and Regulations continues, it
being understoodthatany suspension for either
non-payment of any assessment or a breach of
the Rules and Regulations of the Association
- -
- -
s h a l l not constitute a waiver or discharge of
the Unit Owner's obligation to pay the
assessment.
Sponsor, its successors and assigns, shall have the
following easements with respect to the Property:
(a) A blanket and non-exclusive easement in, upon,
through, under and across the Common Elements for
the
purpose
of
construction,
installation,
maintenance and repair of any improvements to the
Units or the Common Elements, for ingress and egress
for the use of all driveways, parking areas, and for
the utilization of existing and future model Units
for sales promotion and exhibition, until the
expiration of one (1) year from the date the last
Unit is sold and conveyed in the normal course of
business, but in no event more than ten (10) years
is naster ueea. Iii
addition, sponsor hereby reserves the irrevocable
right to enter into, upon, over or under any Unit
for such purposes as may be reasonably necessary for
the Sponsor or its agents to service such Unit
provided that requests for entry are made in advance
and that such entry is at a time reasonably
convenient to the Unit Owner.
In case of an
emergency, such right of entry shall be immediate
whether the Unit Owner is present at the time or
n
o
t
;-and
(b) A perpetual, blanket and non-exclusive easement in,
upon, over, under, across and through the Common
Elements for surface water runoff and drainage
caused by natural forces and elements, grading,
and/or the improvements located upon the Property.
No individual Unit Owner shall directly or
indirectly interfere with or alter the drainage and
*.
runoff patterns and systems within the Condominium.
The Property shall also be subject to the following easements:
The Association shall have a perpetual exclusive
easement for the maintenance of any Common Elements,
which presently or may hereafter encroach upon a
Unit; and
The Association, through the Board or any manager,
or managing agent, or their respective agents or
auu m r r - e x d m
right of access to each Unit (i) to inspect same,
(ii) to remedy any violations of the provisions of
this Master Deed, the Bylaws or any Rules and
Regulations of the Association, and (iii) to perform
any operations required in connection with the
maintenance, repairs or replacements of or to the
Common Elements, or any equipment, facilities or
fixtures affecting or serving other Unit(s) or the
Common Elements; provided that requests for entry
-
arsmade-in advance and that any such entry is at
a time reasonably convenient to the Unit Owner. In
case of an emergency, such right of entry shall be
immediate, without the necessity of notice, whether
the Unit Owner is present at the time or not; and
(c) Any holder of a Permitted Mortgage, including any
Eligible Mortgage Holder, its officers, agents and
employees, shall have a blanket, perpetual and non-
exclusive easement to enter the Condominium or any
part thereof to inspect the condition and repair of
the Common Elements, or any Units so encumbered by
a first mortgage owned by it.
This right shall be
exercised only during reasonable daylight hours,
and then whenever practicable, only after advance
notice to and with the permission of the Board and
the Unit Owner; and
l--,ive+t+semenMni
upon, over, across and through the Common Elements
for the purpose of the installation, maintenance,
repair, service and replacement of all sewer, water,
power and telephone pipes, lines, mains, conduits,
poles, transformers, master television antennas and
any and all other equipment or machinery necessary
or incidental to the proper functioning of any
utility systems serving the Property, which easement
shall be for the benefit of any governmental agency,
_
-srutility company or other entity which requires
same for the purpose of furnishing one or more of
the foregoing services; and
(e) A blanket, perpetual and non-exclusive easement of
unobstructed ingress and egress in, upon, over,
across and through the Common Elements to the
Township of East Hanover, the Association, their
respective officers, agents and employees (but not
the public in general) and all police, fire and
ambulance personnel in the proper performance of
their respective duties, (including but not limited
to emergency or other necessary repairs to a Unit
which the Unit Owner has failed to perform), and for
repair and maintenance of the Common Elements.
Except in the event of emergencies, the rights
accompanying the easements provided for in this
reasonable daylight hours and then, whenever
practicable, only after advance notice to and with
permission of the Unit Owner(s) directly affected
thereby.
11. SPONSOR'S RESERVATION OF AMENDMENT RIGHTS: POWER OF
ATTORNEY.
Sponsor hereby reserves for itself, its successors and
assigns, for a period of five (5) years from the date the first
Unit is conveyed to an individual purchaser, or within five (5)
years from
- - the date
-
of recording of this Master Deed, or until
Sponsor conveys title to the last Unit, whichever occurs first, the
right to execute on behalf of all contract purchasers, Unit Owners,
mortgagees, other lienholders or parties claiming a legal or
equitable interest in the Condominium, any such agreements,
documents, amendments or supplements to the above-described
documents which may be so required to effectuate the changes
enumerated below; provided, however, that no such agreement,
document, amendment or supplement which adversely affects the value
or substantially alters the floor plan of the Unit, increases the
financial obligations of the Unit Owner or the priority or validity
of any Mortgage on any Unit shall be made without the prior written
consent of the affected Unit Owner (s) and mortgagee (s) .
Sponsor may use the right granted in this paragraph to
effectuate the following changes, enumerated by way of description
and not limitation:
(a) Decreases. Decreasing the number of Units to be
included within the Condominium, increasing the
proportionate share of Common Elements and the
percentage share of costs and increasing voting
rights proportionately. While the Sponsor maintains
a majority of the Board, it shall make no additions,
alterations,
improvements
or
purchases
not
contemplated
in
this
Offering
which
would
necessitate a special assessment or a substantial
increase in the monthly assessment unless required
-
- --
--
by a government agency, title insurance company,
mortgage lender or in the event of an emergency.
(b) Increases. The voting right and proportionate share
of Common Elements of the Unit Owners shall always
equal a fraction which is equal to one divided by
the total number of Units contained within the
Condominium, as set forth in the Master Deed. Prior
to the closing of title of any Unit affected, the
Sponsor may amend the Master Deed to alter and/or
fix the location, configuration, shape and size of
any Unit, and to alter and/or fix the size, shape,
number and configuration of any Units.
(c) Easements. Adding to or altering the location, size
and/or purpose of easements and lands for utilities,
roads, access, egress, drainage and/or financing
purposes; or convey or assign such easements to the
appropriate governmental au
- -
t h n r i t y r r z u t i l i t y - a g e n c ~
or company.
(d) use of Easements.
To permit the Sponsor, its
agents, employees or subcontractors to utilize
easements, roads, drainage facilities, utility lines
and the like, within or serving the Condominium.
(e)
Surrender of Svonsorls Riahts.
To surrender or
modify rights of the Sponsor in favor of the Unit
Owners and/or the Association, and/or their
respective mortgagees.
- -
--
-
(f) Technical Chanaes. Correcting, supplementing and
providing technical changes to the Master Deed.
(g) Miscellaneous Chanaes. To amend the within Master
Deed for the express purpose of qualifying the
property hereunder for Federal National Mortgagee
Association and/or Federal Home Loan Mortgage
Corporation financing programs or any other similar
secondary mortgage lender or as required by any
governmental or quasi-governmental agency having
regulatory jurisdiction over the Condominium or by
any title insurance company insuring title to any
Unit.
(h) Chanaes Prohibited.
The Sponsor shall not be
permitted to cast any votes held by it for unsold
lots, parcels, Units (finished and unfinished) or
interests for the purpose of amending the Master
Deed, Bylaws or any other document for the purpose
of changing the permitted use of a lot, parcel, Unit
or interest, or for the purpose of reducing the
Common Elements or facilities.
However, Sponsor
shall be permitted to cast such votes on all other
matters except for the election of Directors.
(i) Effective Date of Amendment. Any amendment to the
Master Deed will become effective upon the recording
of an amendment to the Master Deed in the Office of
the Clerk of Morris County.
The Sponsor will,
thereafter, provide copies of said amendment to each
Owner and Eligible Mortgage Holder affected.
By acceptance of a deed to any Unit or by the acceptance
of any.other legal or equitable interest in the Condominium, each
and every such contract purchaser, Unit Owner, mortgagee, or other
lienholder or party having a legal or equitable interest in the
Condominium does automatically and irrevocably name, constitute,
appoint and confirm (i) Sponsor, it successors and assigns, as
attorney-in-fact for the purpose of executing such amended Master
Deed(s) and other instrument(s) necessary to effect the foregoing
rights reserved to the Sponsor, subject to the limitations set
forth above in the preceding paragraphs, and (ii) the Associations
as attorney-in-fact to acquire title to or lease any Unit whose
owner desires to surrender, sell or lease the same, in the name of
the Associations or its designees, corporate or otherwise, on
behalf of all Unit Owners to convey, sell, lease, mortgage (but
--
-- -
notto vote -votes
appurtenant thereto) or otherwise, dispose
of any such Units so acquired or to sublease any Units so leased
by the Association.
The powers of attorney aforesaid are expressly declared
and acknowledged to be coupled with an interest in the subject
matOer hereof and the same shall run with the title to any and all
Units and be binding upon the heirs, personal representatives,
successors and assigns of any of the foregoing parties. Further,
said powers of attorney shall not be affected by the death or
disability of any principal and are intended to deliver all right,
--
title and interest of the principal in and to said powers. Said
powers of attorney shall be vested in the Sponsor, its successors
and assigns until same effectuate the initial conveyance of all
Units.
Thereafter, said powers of attorney shall automatically
vest in the Association to be exercised through its Board of
'
1
Directors.
12. RESTRICTIONS.
The Condominium is subject to all covenants, restrictions
and easements of record and to the following restrictions:
No Unit, except those Units used by the Sponsor as
sales offices, administrative offices or models,
shall be used for any purpose other than as a .
private
residence,
except
as
provided
by
Subparagraph 12 (v) hereof.
There shall be no obstruction of the Common Elements
nor shall anything be stored in or upon the Common
Elements without the prior consent of the Board.
No reptile, or animal of any kind shall be raised,
bred, or kept in any Unit or anywhere else upon the
Property, except that a Unit Owner may have no more
than one household pet, provided that it is not
kept, bred or maintained for any commercial purpose,
is housed within the Unit and is otherwise kept in
accordance
with
all
applicable
Rules
and
Regulations. No outside dog pens, runs or yards
shall be permitted.
--
-
(d) No vehicles of a size larger than a panel truck and
no mobile home, recreation vehicles, boat, boat
trailer or the like shall be parked on any part of
the Property (except that those vehicles temporarily
on the Property for the purpose of servicing the
Property itself or one of the Units) shall be
permitted without written consent of the Board.
(e) No portion of the Common Elements or other portion
of the Property shall be used or maintained for the
dumping of rubbish or debris.
Trash, garbage or
other waste shall be kept in sanitary containers on
the Property for regular collection.
(f) No exterior loudspeakers other than as contained in
portable radios or television sets shall be
permitted, nor shall unshielded floodlights be
installed in any exterior area of any Unit or any
-- -
balcony, patio or terrace appurtenant thereto
without the written permission of the Board.
(g) The Owner of each Unit, regardless of type, shall
not cause or permit any clothes, sheets, blankets,
or laundry of any kind or other articles to be hung
or displayed on the outside of windows or placed on
the outside windowsills, walls, patios or balconies
of any Building, parking areas or other Common
Element; and no signs, awnings, grills, patio or
balcony enclosure, fence, canopies, shutters, or
radiopor television antenna or aerial shall be
erected or installed in .or upon the Common Elements
or any part thereof without the prior consent of the
Board.
Unit Owners shall not have the right to
paint or otherwise decorate or change the appearance
of any portion of the exterior of the Building.
(h) In order to provide an orderly procedure in the case
of title transfers, and to assist in the maintenance
of a current roster of Unit Owners or occupants,
each Unit Owner shall give the Secretary of the
Association timely notice of his intent to list his
Unit for sale or lease, and upon closing of title,
or execution of the lease, as the case may be, shall
forthwith notify such Secretary of the names and
home addresses of the purchasers or lessees and
shall furnish a copy of the Lease to the Board.
L \(i) No Unit Owner or occupant shall build, plant, or
maintain any matter or thing upon, in, over or under
38
the General or Limited Common Elements without the
prior written consent of the Board unless permitted
by any Rules and Regulations promulgated by the
Board or Association.
(j) Each Unit Owner shall be responsible for the
maintenance, repair and replacement of all windows
and the front door of his Unit, except as otherwise
provided in the Component Analysis Chart.
-
- -- -
- -
(k) No Unit Owner or occupant shall burn, chop or cut
anything on, over or above the Common Elements.
(1) To the extent that equipment, facilities and
fixtures, within any Unit@) shall be connected to
similar equipment, facilities or fixtures affecting
or serving other Unit(s) or the Common Elements,
then the use thereof by the individual Unit Owners
shall be subject to the Master Deed, the Bylaws and
any Rules and Regulations of the Association.
(m) Nothing shall be done or kept in any Unit or in or
upon the Common Elements which will increase the
rates of insurance beyond the rates applicable for
Units, without the prior written consent of the
Board. No Unit Owner shall permit anything to be
done or kept in his Unit or in or upon the Common
Elements which will result in the cancellation of
insurance on the Common Elements, or which will be
in violation of any law.
39
(n) No noxious or offensive activities shall be carried
on, in or upon the Common Elements or in any Unit
nor shall anything be done therein either wilfully
or negligently which may be or become an annoyance
or nuisance to the other residents in the
Condominium.
( 0 ) No immoral, improper, offensive or unlawful use
- --
shallhe made of any Unit; and all laws, zoning
ordinances and regulations of all governmental
bodies having jurisdiction thereover shall be
observed.
(p) No Unit Owner (other than the Sponsor) may make any
additions, alterations or improvements to the
exterior of his Unit or in or to the Common
Elements, or impair any easement without the prior
written
consent
of
the
Board.
While
the
Sponsor maintains a majority on the Board, it shall
make no additions, alterations, improvements or
purchases which would necessitate a special
assessment or a substantial increase in the monthly
Common Expense assessment unless required by a
governmental agency, title insurance company,
institutional mortgage lender or in the event of
an emsqency.
The
Board
shall
have the - -
obligation to
answer
any
written
request
1
received by it from a Unit Owner for approval of a
proposed addition, alteration or improvement to his
Unit within forty-five (45) days after the receipt
of such request, and failure to do so within the
stipulated time shall constitute a denial of the
proposal.
Any application to any municipal
authority for a permit to make an addition,
alteration or improvement in or to any Unit must be
reviewed by the Board and, if approved, shall be
-
--
-
executed by the Board and may then be submitted by
the Unit Owner. Such approval, however, shall not
incur any liability on the part of the Association
to any contractor, subcontractor, or materialman on
account
of
such
addition,
alteration,
or
improvement, or to any person having any claim for
injury to person or damage to property arising
therefrom. The Unit Owners shall furnish the Board
with a copy of any such permit which he has
procured. The provisions ofthis subparagraph shall
not apply to Units owned by the Sponsor until such
Units have been initially sold and conveyed by the
Sponsor.
(q) The Common Elements shall be used only for the
furnishing of the services and facilities for which
they are reasonably intended and suited and which
-~
are incident to the use and occupancy of the Units.
(r) No Unit shall be leased by the Owners thereof
(except a lender in possession of such Unit
following a default in a first mortgage, a
foreclosure proceeding or by any deed or other
arrangement in lieu of foreclosure) or otherwise
utilized for transient or hotel purposes, which
shall be defined as (i) rental for any time period
less than one (1) year; or (ii) any rental if the
- - - -
- --
---
occupants
-
of the Unit are provided customary hotel
services, such as room service for food and
beverages, mail service, furnishing laundry and
linen, and bellboy service, provided, however, that
any Unit Owner, including Sponsor, may rent a Unit
for a period of less than one (1) year to a contract
purchaser thereof.
No Unit Owner may lease less than an entire
Unit.
Other than the foregoing restrictions, theunit
Owners shall have the right to lease same provided
that said lease is in writing and is subject to all
provisions of this Master Deed, the Bylaws of the
Association and other documents referred to herein,
includingthe right of amendment reserved to Sponsor
herein, and provided further that any failure of the
lessee to fully comply with the terms and conditions
of such documents shall constitute a default under
the lease.
A Unit Owner who leases his Unit shall provide
a copy of the written Lease Agreement to the
Association.
In the event a tenant of a Unit fails to comply
with the provisions of this Master Deed, the Bylaws
or and any Rules and Regulations, then, in addition
-
- -
- - - to all other remedies which it may have, the
Association shall notify the Unit Owner of such
violations(s) and demand that the same be remedied
through the Unit Owner's efforts within thirty (30)
clays after such notice. If such violation(s) is not
remedied within said thirty (30) day period, then
the Unit Owner shall immediately thereafter, at his
own cost and expense, institute and diligently
prosecute an eviction action against his tenant on
account of such violation(s) . Such action shall not
be compromised or settled without the prior written
consent of the Association. In the event the Unit
Owner fails to fulfill the foregoing obligation,
then the Board shall have the right, but not the
duty, to institute and prosecute such action as
attorney-in-fact for the Unit Owner and at the Unit
Owner's sole cost and expense, including all legal
-
fees incurred.
Said cost and expenses shall be
deemed to constitute a lien
43
on the particular Unit
involved, and collection thereof may be enforced by
the Board in the same manner as the Board is
entitled to enforce collection of Common Expenses.
By acceptance of a deed to any Unit, each and every
Unit
Owner
does
thereby
automatically
and
irrevocably name, constitute, appoint and confirm
the Board as his attorney-in-fact for the purposes
-
-
- - described in this Subparagraph (r).
(s) No Unit Owner shall have the right to mortgage or
encumber his Unit, unless such mortgage or
encumbrance is a Permitted Mortgage which is defined
as a bank, mortgage banker, trust company, insurance
company, savings and loan association, pension fund,
governmental agency, or other Eligible Mortgage
Holder or which is a purchase money mortgage held
by the Sponsor or by the Seller of a Unit. Further,
any Permitted Mortgage which is not a first lien
shall expressly and automatically subordinate to the
Common Expense lien of the Association.
(t) All property taxes, special assessments and other
charges imposed by any taxing authority are to be
separately assessed against and collected on each
Unit as a single parcel, as provided by the New
J e e o m i n i u m Act. In the event that for any -
-
year such taxes are not separately taxed to each
Unit, but are taxed on the Property as a whole, then
each Unit Owner shall pay his proportionate share
thereof in accordance with his proportionate
undivided percentage interest in the General Common
Elements.
(u) Each Unit Owner shall pay for his own telephone, and
other utilities, which are separately metered or
billed to each user by the respective utility
company. Utilities which are not separately metered
--- -
or billed or which serve the Common Elements shall
be treated as part of the Common Expenses.
(v) No business, trade or profession shall be conducted
in any Unit, except, if permitted under applicable
zoning ordinances, that of a physician, dentist, or
other practitioner of the healing arts and sciences;
an attorney at law, accountant, professional engi-
neer, architect, or artist. In such event, the use
of the Property for any such purpose shall be re-
stricted to not more than fifty percent of the liv-
able area of the Unit; and no exterior sign shall
be erected or displayed except one non-illuminated
sign, which shall be no larger than eight inches in
height and thirty inches in length. Furthermore, no
sign shall be erected unless same is in compliance
with applicable governmental regulations and all
necessary prior approvals, permits or licenses have
been secured from appropriate regulatory entities.
(w) No clothes poles or lines shall be installed or
maintained.
(x) Nothing herein shall be construed to prohibit the
reasonable adaptation of any Unit for handicapped use.
The Board shall have the power to make such Rules and
Regulations as may be necessary to carry out the intent of these
use restrictions, and shall have the right to bring law suits to
enforce the Rules and Regulations so promulgated. The Board shall
further have the right to levy fines for violations of these
regulations, provided that the fine for a single violation may not,
under any circumstances, exceed $25.00. Each day that a violation
continues after receipt of notice by the Unit Owner may be
considered as a separate violation. Any fine so levied shall be
considered as a Common Charge to be levied against the particular
Unit Owner involved, and collection may be enforced by the Board
in the same manner as the Board is entitled to enforce collection
of Common Charges, including, but not limited to, the filing of a
Notice of Lien.
13. -.
Until the conveyance of title to the first Unit, the
Sponsor shall be solely responsible for all Common Expenses.
Following the first conveyance, the Owners of Units to whom title
shall have been conveyed shall be responsible for their
vrouortionate share of all Common Expenses and the Sponsor shall
be responsible for payment of all Common Expenses assessed against
Units which have not been conveyed and for which an initial
Certificate of Occupancy has been issued by the Township of East
Hanover .
The Condominium Association undertakes to maintain the Common
Elements and common Condominium Property for the benefit of Unit
Owners, mortgagees and the municipality, more particularly these
performances include but are not limited to the following:
Each Association will maintain, repair and keep in
reasonable functioning order and appearance all Common
Elements and common Condominium Property and will
maintain and keep in the state of good repair all site
improvements including private roads, walkways, parking
areas, planted and landscaped areas and exterior lighting
facilities, and any other property or facilities owned
or managed by it.
The Association will plow and shovel so as to keep clear
from snow all private roads and walkways.
The Association will provide for removal of all trash
and garbage.
The Association will make necessary structural repairs
to buildings or structures and keep them in reasonably
good condition.
The Association will comply with all of the Township
regulations, zoning and fire codes and building codes as
amended from time to time and will restrict the use of
w
-
d
f
erthede!aLapmenLin
accordance with the Ordinances of the Township of East
Hanover. The Association will not make alterations or
additions to buildings or structures nor shall it permit
occupancy of living Units except in conformity with the
municipal approvals.
14. NOPARTITION.
Subject to the provisions of this Master Deed and
Certificate of Incorporation and Bylaws and the New Jersey
Condominium Act, the Common Elements shall remain undivided and no
Unit-Owner(s) shall bring any action for partition or division
thereof. In addition, the undivided percentage interest in the
Common Elements shall not be separated from the Unit to which it
appertains and shall be deemed conveyed or encumbered with the Unit
even though such interest is not expressly mentioned or described
in the conveyance or other instrument.
15. MEMBERSHIP IN THE ASSOCIATION.
Upon acceptance of a Deed to a Unit, each Unit Owner
shall automatically become a Member of the Association and shall
be a Member for so long as he shall hold legal title to his Unit
subject to all provisions of this Master Deed, the New Jersey
Condominium Act, the Certificate of Incorporation, the Bylaws and
any Rules and Regulations which may now or hereafter be established
for or by the Association. The Sponsor shall be a member of the
Association with respect to all Units owned by it.
16. p.
~
~
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i
-
b
h
a
a
1
J
~
8
m
&
p
i
t
h
,
-
a
n
d
shall assume ownership or occupancy subject to laws, rules and
,l
regulations of governmental authorities having jurisdiction over
the Condominium, the provisions of this Master Deed, the
Certificate of Incorporation, Bylaws or any other rules and
regulations, documents, amendments or supplements to the foregoing
as described in Paragraph 12 hereof. Failure to comply with any
of the foregoing shall be grounds for commencement of an action for
the recovery of damages, or for injunctive relief, or both, by the
Sponsor, the Association, or any Unit Owner, in any court or
administrative tribunal having jurisdiction, against any person or
persons, firm or corporation violating or attempting to violate or
circumvent any of the aforesaid, and against any Unit Owner to
enforce any lien created by this Master Deed or any covenant
contained herein. Failure by the Sponsor, the Association, or any
Unit Owner to enforce any covenant herein contained for any period
of time shall in no event be deemed a waiver or estoppel of the
right to thereafter enforce the same.
17. USE OF COMMON ELEMENTS AND CONDOMINIUM PROPERTY.
In addition to the foregoing, every Owner covenants and
agrees to the following provisions:
(1) Each Owner or Co-owner, tenant or occupant of the Unit
may use the Common Elements and common Condominium
Property and facilities in accordance with the purpose
for which they are intended, without hindering or
encroaching upon the lawful rights of the other Owners
-r-mers*nant*eeeewat-tfb
je6t&8-t31gRules
and Regulations of the Condominium Association and to the
1
following additional provisions.
The right of the Condominium Association, its
successors and assigns to impose reasonable rules
and regulations and fees for the use of recreational
facilities.
The right of the Condominium Association, its
successors and assigns from time to time to extend
the use of recreational facilities to the public
which will not unreasonably interfere with the use
by Unit Owners.
The right of the Condominium Association, its
successors and assignsto change or otherwise alter,
from time to time, the nature and extent of such
recreational facilities, provided, nevertheless,
that changes, when substantial in nature, will not
be made without the prior approval of the Planning
Board of the Township of East Hanover.
While the Developer maintains control of the
executive board, he shall take no action which
adversely affects a homeowner's rights under
N. J.A. C. 5:25-5.5.
Claims relative to defects in
Common Elements shall be processed in accordance
with N.J.A.C.
5:25-5.5.
18. DAMAGE OR DESTRUCTION TO THE PROPERTY.
-- -
LLany-impmazane~t or Common Element or any part thereof
---
is damaged or destroyed by fire or casualty, the repair,
restoration or ultimate disposition of any insurance proceeds shall
1
be in accordance with the following:
(a) If the insurance proceeds derived from such loss
amount to $25,000 or less, then the Board shall
contract with any licensed contractor or contractors
to rebuild or repair such damaged or destroyed
portions of the Property in conformance with the
original plans and specifications, or if adherence
to such original plans and specifications is
impracticable in the Board's opinion, then in
conformance with revised plans and specifications
provided such repairs or rebuilding shall be of a
quality and kind substantially equivalent to the
original construction. The Board shall accept bids
only in specific amounts and shall not enter into
any cost-plus or other sliding scale arrangement for
compensation to the contractor.
(b) If the insurance proceeds derived from such loss
exceed $25,000.00, all such insurance proceeds shall
be paid directly to an Insurance Trustee as may be
designated by the Board, as trustee for all Eligible
Mortgage Holders holding first mortgages on the
Property, and all Unit Owners as their interests may
then appear. Disbursement of such funds shall be
made only upon the signatures of a majority of the
-.
members of the Board.
(1)
Upon notification of the receipt of
51
insurance proceeds by the Insurance Trustee, the
Board shall enter into a contract for a specific
dollar amount with a licensed contractor or
contractors for the repair or rebuilding of all of
the damaged or destroyed portions of the property,
as nearly as practicable to the original plans and
specifications thereof and in accordance with all
applicable building codes.
-
(2) The Board shall enter into said contract
with a licensed contractor or contractors which
shall have provisions for periodic disbursements of
funds by the trustee.
Disbursements to the
contractor shall be made subject to the prior
presentation
of
an
architect's
certificate
containing such provisions as may be appropriate in
the circumstances and deemed suitable by the Board.
( 3 )
The Board shall employ a licensed
architect to supervise the repair and rebuilding to
insure that such work, services and supplies are of
proper quality and that construction is completed
in a workmanlike manner and according to plans and
specifications.
(c) If the damage is only to those parts of a Unit for
which the responsibility for maintenance and repair
-- --
is that of the Owner, therrtha+Ome++%haLLhe
responsible for reconstruction and repair, but the
5 2
proceeds of any insurance that may have been
obtained by the Association shall be made available
for such purpose. Subject to the provisions of this
Master
Deed, in
all
other
instances
the
!
responsibility of reconstruction and repair after
casualty shall be that of the Association.
(d) If the proceeds of insurance are not sufficient to
defray the estimated costs of reconstruction and
--.
-
repair, or if at any time during reconstruction and
repair, or upon completion of reconstruction and
repair, the funds for payment of the costs thereof
are insufficient, assessments shall be made against
all Owners whose Units were damaged or destroyed,
in sufficient amounts to provide funds for the
payment of such costs. Such assessments shall be
in proportion to the Unit Owner's percentage
interest in the Common Elements.
The foregoing
provisions of this subparagraph are applicable to
the repairs and reconstruction to be undertaken by
the Association and do not cover damages to those
portions of the Unit for which the responsibility
of maintenance and repair is that of the Unit Owner
for which the costs and expenses must be borne by
each Owner; provided, however, any portion of the
- - k r s ~ r ~ ~ e - p r ~ c e c d ~ e p r e ~ ~ ~ k i ~ g - d ~ a g ~ f a r
which the
responsibility of reconstruction and repair lies
5 3
with an individual Unit Owner shall be paid to said
Unit Owner, or if there is a mortgage endorsement
as to such Unit, then to the Unit Owner and
mortgagee, jointly.
(e) If the amount of available insurance proceeds should
exceed the cost of any such reconstruction or
repair, the excess shall be retained by the
Association and applied by it to reduce the Common
~
.
~
~-
Expenses.
(f) In the event the Association determines not to
repair or restore the damaged property in accordance
with p7.J.S.A. 46:8B-24, any insurance proceeds
payable to a Unit Owner as a result of damage or
destruction to his Unit and/or interest in the
Common Elements are hereby assigned and shall be
paid to any appropriate Eligible Mortgage Holder(s)
as their interests may appear, for application to
the appropriate mortgage indebtedness and the
excess, if any, shall be paid to the appropriate
Unit Owners, all in accordance with N.J.S.A.
46:8B-24.
19. EMINENT DOMAIN.
If any improvement or Common Element or any part thereof
shall be taken, injured or destroyed by eminent domain, each Unit
UViier arf e ~ e d s h a - l l - b e - e n ~ - ~ e d + o - n e t ~
participate through the Association in the proceeding incident
thereto. Any awards made in connection with such proceedings shall
be collected by the Association and applied or distributed by it
in accordance with the following, unless the award or decree
provides to the contrary:
(a) If a Unit is acquired by eminent domain, or if part of
a Unit is acquired by eminent domain leaving the Unit
Owner with a remnant which may not be practical or
lawfully be used for any purpose permitted by this Master
Deed, the provisions of this Subparagraph (a) will
control. Upon acquisition by the condemning authority,
unless the decree provides otherwise, each affected
Unit's entire percentage interest and its Common Expense
liability shall be automatically reallocated to the
remaining Units in proportion to their respective
percentage interests and the liabilities of each
remaining Units before the taking, and the Association
shall promptly prepare, execute, and record an amendment
to the Master Deed reflecting the reallocations. Any
remnant of a Unit remaining after a part of a Unit is
taken under this subsection shall thereafter be a Common
Element.
(b) If part of a Unit is acquired by eminent domain, other
than under the circumstances contemplated by Subparagraph
(a), this Subparagraph (b) will control.
upon
acqnisitiun-bm-ondeming-utbi-ie,
t l j e f t e h -
affected percentage interest, and its Common Expense
liability shall be reduced in proportion to the reduction
in square footage of each such Unit, and (2) the portion
of its percentage interest, and Common Expense liability
divested from the partially acquired Unit shall be
automatically reallocated to each such Unit and the
remaining Units in proportion to their respective
percentage interests and the liabilities of such
remaining Units before the taking, with the partially
- --- --
- - - - - -
acquired Unit(s) participating in the reallocation on the
basis of their reduced percentage interest and
liabilities.
(c) If a part of the Common Elements is acquired by eminent
domain, the award must be paid to the Association. The
Association shall divide any portion of the award not
used for any restoration or repair of the remaining
Common Elements among the affected Unit Owners in
proportion to their respective percentage interest, in
the Common Elements before the taking, but the portion
of the award attributable to the acquisition of any
Limited Common Element must be equally divided among the
Owners of the Units to which that Limited Common Element
was allocated at the time of acquisitions based upon the
relative proportionate entitlement of those Unit Owners
to the acquired Limited Common Elements.
(d)
In no event shall the aggregate a r n o ~ ~ t r ~ u t e d t o ~ e -
affected Unit Owner(s) exceed the total amount of any
award paid with respect to any taking by eminent domain.
This provision shall be deemed to supplemental to and not
in derogation of the provisions of N.J.S.A. 46:8B-25.
20. INSURANCE.
The Board shall obtain and continue in effect blanket
property insurance on the Common Elements in an amount equaling
replacement value, and in form satisfactory to any Eligible
Mortgage Holder holding first mortgages on a majority of the Units,
-but rithout prejudice to the right of the Owner of any Unit to
obtain individual Unit insurance at his own cost. In addition,
the Board shall obtain and continue such other amounts of insurance
as may be required by the provisions of the Bylaws. Premiums for
all such insurance coverage except for individual Unit coverage
shall be a Common Expense to be included in the monthly assessment
for Common Expenses.
21. 1
This Master Deed may be amended at any time after the
date hereof by a vote of at least two-thirds (213) of the total
votes of all Members of the Association at any meeting of the
Association duly held in accordance with the provisions of the
Bylaws provided, however, that such amendments are subject to the
provisions of Paragraph 12 hereof and its subparagraphs.
No
amendment shall be effective until recorded in the Office of the
Clerk of Morris County, New Jersey. This paragraph is by way of
r n d e r o g a l x a o f t h e ~ o w e r s
-
of amendment
reserved to Sponsor pursuant to Paragraph 12 hereof.
In the
alternative, an amendment may be made by an agreement, signed and
acknowledged by all of the Unit Owners in the manner required for
the execution of a deed, and such amendment shall be effective when
recorded in the Office of the Clerk of Morris County, New Jersey.
No amendment shall impair or adversely affect the rights of
the Sponsor or cause the Sponsor to suffer any financial, legal or
other detriment, including but not limited to any direct or
indirect interference with the sale of Units, or the assessment of
- - -the-Sponsor for capital improvements.
The Sponsor shall not be permitted to cast any votes held by
it for unsold Units for the purpose of amending this Master Deed,
the Bylaws or any other document for the purpose of changing the
permitted use of a Unit or the purpose of reducing the Common
Elements or facilities.
Despite anything to the contrary herein, an amendment, deed
of revocation, or other document shall be effective to terminate
the ?condominium form of ownership upon the written approval of
eighty (80%) percent in interest of all non-Sponsor Unit Owners,
and the written approval of the Sponsor for so long as it holds one
(1) Unit for sale in the ordinary course of business.
22. ENFORCEMENT.
Enforcement of this Master Deed shall be by any
appropriate proceeding in law or equity in any court or
administrative tribunal having jurisdiction against any person or
p
e
e
f
I r m nr rmrpnra + 7 nn v i n 1 a + i-mmpting
ta vi&tPany_
covenant herein contained; either to restrain or enjoin such
violation or threatened violation, or to recover damages; and
against any Owner to enforce any lien created by this Master Deed
in any covenant herein contained. Failure by the Association or
any Member thereof to enforce any covenant herein contained for any
period of time shall in no event be deemed a waiver or estoppel of
the right to thereafter enforce the same.
23. MUNICIPAL MAINTENANCE.
- - -
--
In the event that the Association shall at any time after
establishment of the development fail to maintain the common open
space and undedicated streets in reasonable order and condition in
accordance with the plans approved by the Township of East Hanover
Planning Board, the governing body of the Township of East Hanover
may serve written notice upon the Association or upon the residents
and owners of the development, setting forth the manner in which
the Association has failed to maintain the common open space in
reashable condition, and the notice shall include a demand that
the deficiencies of maintenance be cured within 35 days thereof,
and shall state the date and place of the hearing thereon which
shall be held 15 days from the date of the notice.
At that
hearing, the governing body of the Township of East Hanover may
modify the terms of the original notice as to the deficiencies and
may give an extension of time not to exceed 65 days within which
such deficiencies shall be cured. If the deficiencies set forth
1R
nr l a +
--. -3catkms-skdlnot-be-cuzed
within 35 days of any extension, the governing body of the Township
of East Hanover, in order to prevent the common open space from
becoming a public nuisance, may enter upon the common open space
and maintain it for a period of one (1) year.
Entry and
maintenance by the Township of East Hanover shall not vest in the
public any rights to use any open space except when it is
voluntarily dedicated to the public by the residents and owners of
the development. Before the expiration of one (1) year period, the
governing body of the Township of East Hanover shall, upon its
initiative or upon the request of the Association, or the residents
and owners of the development, order a public hearing within
fifteen (15) days notice by the Planning Board of the Township of
East Hanover. At that hearing, the Association or the residents
and owners of the development shall show cause why maintenance by
the Township of East Hanover shall not, at the election of the
Township, continue for the succeeding year. If the Planning Board
shall determine that the Association is not ready and able to
maintain the common open space in a reasonable condition, the
Township of East Hanover may, in its discretion, continue to
maintain the common open space during the next succeeding year and,
subject to a similar hearing and determination, each year
thereafter. The decision of the Planning Board in such case shall
constitute a final administrative decision subject to judicial
review. The cost of maintenance by the Township of East Hanover
shall be assessed ratably against the properties within the
develo~ment
havins the riqht of enjoyment of the common open space,
and shall become a tax lien on those properties and be added to and
be a part of the taxes to be levied and assessed thereon, and
enforced and collected with interest by the same officers and in
the same manner as other taxes. The Township of East Hanover at
the time of entering upon the common open space for the purpose of
maintenance, shall file a notice of the tax lien in the Office of
the Morris County Clerk upon the properties affected by the tax
lien within the development.
24. WAIVER.
No provision contained in this Master Deed shall be
deemed to have been abrogated or waived by reason of any failure
to enforce the same, irrespective of the number of violations or
breaches which may occur.
25. GENDER.
The use of the masculine gender in this Master Deed shall
be deemed to refer to the feminine gender and the use of the
singular shall be deemed to refer to the plural, and vice versa,
whenever the context so requires.
26. RATIFICATION. CONFIRMATION AND APPROVAL OF AGREEMENTS.
The fact that some or all of the Officers, Directors,
Members or employees of the Association and the Sponsor may be
identical, and the fact that the Sponsor or its nominees, have
heretofore or may hereafter enter into agreements with the
Association or with third parties, will not invalidate any such
agreements and the Association and its Members, from time to time,
4 u l l he w
t
~
d
-byand
comply with the terms and
conditions thereof. The purchase of a Unit, and the acceptance of
the Deed therefor by any party, shall constitute the ratification,
confirmation and approval by such purchaser, his heirs, legal
representatives, successors and assigns, of the propriety and
legality of said agreements or said agreement, or any other
:agreements authorized and permitted by the New Jersey Condominium
Act, this Master Deed, the Certificate of Incorporation or the
Bylaws.
2 7 .
ELIGIBLE MORTGAGE HOLDER'S RIGHTS.
--
( a ) Each of the Eligible Mortgage Holders shall be
entitled to timely written notice of the following:
(1) Any condemnation or casualty loss that affects
either a material portion of the Common
Elements or the Unit securing the Eligible
Mortgage Holder's Mortgage.
(2) Any sixty (60) day delinquency in the payment
of the Common Expense assessment installments
or other assessments or charges owed to the
Association by the Unit Owner of the Unit upon
which the Eligible Mortgage Holder holds a
First Mortgage.
(3) A lapse, cancellation, or material modification
of any insurance policy or fidelity bond
maintained by the Association.
( 4 )
Any proposed action that requires the consent
. .
of a sgeclfied percentage of Eligible Mortgage
Holders.
(b) Despite any provision to the contrary contained in
1
the Certificate of Incorporation, the Bylaws or this Master Deed,
the prior written approval of at least fifty-one (51%) percent of
the Eligible Mortgage Holders is required for any material
amendment to the Certificate of Incorporation, the Bylaws and this
Master Deed, including, but not limited to, any amendment which
would change any provision relating to:
(1) Voting rights;
---
(2) Reserves
for
maintenance,
repair
and
replacement of Common Elements;
(3) Responsibility for maintenance and repairs;
( 4 )
Assessment liens or the priority of assessment
liens;
(5) Reallocation of interests in the General or
Limited Common Elements or rights to their use;
(6) Boundaries of any Unit;
(7) Convertibility of Units into Common Elements
or vice versa;
(8) Expansion or contraction of the development,
or the addition, annexation or withdrawal of
land to or from the Condominium;
(9) Insurance or fidelity bonds;
(10) Leasing of Units;
(11) Imposition of any restrictions upon a Unit
Owner's right to sell or transfer his or her
Unit;
(12) A decision by the Association to establish
self-management rather than professional
management;
(13) Restoration or repair of the development (after
damage, destruction or condemnation)in
manner other than that specified in this Master
Deed or the Bylaws:
(14) Any action to terminate the legal status of the
development after substantial damage or
condemnation occurs; or
(15) Any provisions that expressly benefit Eligible
Mortgage Holders.
(d) The following additional provisions are for the
benefit of Eligible Mortgage Holders:
(1) Any lien the Association may have on a Unit for
the payment of Common Expense assessments
attributable to each Unit is subordinate to the
lien or equivalent security interest of any
First Mortgage on the Unit recorded prior to
the date any such Common Expense assessment
became due.
(2) The Association shall maintain current copies
of
the
Master
Deed,
Certificate
of
Incorporation, Bylaws and Rules andRegulations
of the Association, and any respective
amendments thereto, as well as its own books,
records and financial statement available for
inspectionby Unit Owners and Eligible Mortgage
Holders. Any Eligible Mortgage Holder shall
upon written request, (i) be permitted to
inspect the books and records of the
Association during normal business hours, (ii)
3 Y P P l V C a
n
s
t
a
t
e
m
!
a
l
t
of the Association within ninety (90) days
following the end of any fiscal year of the
Association, and (iii) receive written notice
of all meetings of the Association and be
permitted to designate a representative to
attend all such meetings.
(3) Any Eligible Mortgage Holder who holds a first
mortgage lien on a Unit who obtains title to
such Unit as a result of foreclosure of the
- - -
- - - -
- - - - -
-
Fixst Mortgage, or by deed or assignment in
lieu of foreclosure, or any purchaser in a
foreclosure
sale,
or
their
respective
successors and assigns, is not liable for the
share of Common Expenses or other assessments
by the Association pertaining to such Unit or
chargeable to the former Unit Owner which
became due subsequent to recordation of the
First Mortgage and prior to acquisition of
title. Such unpaid share of Common Expenses
and other assessments shall be deemed to be
Common Expenses collectible from all of the
remaining Unit Owners including such acquirer,
his successors and assigns.
(4)
Any management agreement for the Property,
except the initial management agreement, will
he terminable by the Association with or
without cause upon ninety (90) days prior
written notice thereof, and the term of any
such agreement shall not exceed one (1) year.
28. RULE AGAINST PERPETUITIES.
If any provision of this Master Deed, or the Bylaws shall
be imterpreted to constitute a violation of the rule against
perpetuities, then such provision shall be deemed to remain in
effect until the death of the last survivor of the now living
descendants of Robert F. Kennedy, deceased, former Senator of the
- -
State-sf New York, plus twenty-one (21) years thereafter.
29. SPECIAL SPONSOR'S RIGHTS.
(a) No special rights created or reserved to the Sponsor
under this Master Deed ('ISpecial Sponsor Rights1') may be
transferred except by an instrument evidencing the transfer
recorded in the Office of the Clerk of Morris County, New Jersey.
The instrument shall not be effective unless executed by the
transferee.
(b) Upon transfer of any such Special Sponsor Right, the
liability of the transferor is as follows:
(i) A transferor is not relieved of any obligation
or liability arising before the transfer and
remains liable forwarranty obligations imposed
upon him. Lack of privity does not deprive any
Unit Owner of standing to bring an action to
enforce any obligation of the transferor.
. .
a transf~rar retain-n~such-Special
Sponsor Right, or if a successor to any such
Special Sponsor Right is an affiliate of the
Sponsor, the transferor is subject to liability
for all obligations and liabilities imposed on
a Sponsor or by the Master Deed, arising after
the transfer, and is jointly and severally
liable with the successor for the liabilities
and obligations of the successor which relate
to the Condominium.
(iii) A transferor who retains no such Special
Sponsor Rights has no liability for any act or
omission or any breach of a contractual or
warranty obligation arising from the exercise
of any such Special Sponsor Right by a
successor Sponsor who is not an affiliate of
the transferor.
(c) Unless otherwise provided in a mortgage instrument
or deed of trust, in case of foreclosure of a mortgage, sale by a
trustee under a deed of trust, or sale under Bankruptcy Act or
receivership proceedings, of any Units owned by Sponsor in the
Condominium, a person acquiring title to all the Units being
foreclosed or sold, but only upon his request, succeeds to all such
Special Sponsor Rights, or only to any such Special Sponsor Rights
to maintain models, sales offices and signs.
The judgment or
instrument conveying title shall provide for transfer of only the
.Sp&cialLSpansar_Rights-requested.
---
(d) Upon foreclosure, sale by a trustee under a deed of
trust, or sale under Bankruptcy Act or receivership proceedings,
of all Units in the Condominium owned by Sponsor:
(i) The Sponsor ceases to have any such Special
Sponsor Rights, and
(ii) The period of Sponsor control terminates unless
the judgment or instrument conveying title
provides for transfer of all such Special
Sponsor Rights to a successor to Sponsor.
-
(e) The liabilities and obligations of persons who
succeed to all Special Sponsor Rights are as follows:
(i) A successor to all such Special Sponsor Rights
who is an affiliate of the Sponsor is subject
to all obligations and liabilities imposed on
any Sponsor by law or by Master Deed.
(ii) A Successor to all such Special Sponsor Rights,
other than a successor described in Paragraphs
(iii) or (iv) hereof who is not an affiliate
of Sponsor, is subject to all obligations and
liabilities imposed upon Sponsor by law or the
Master Deed, but he is not subject to liability
for misrepresentations or warranty obligations
on improvements made by any previous Sponsor
or made before the Condominium was created, or
for a breach of fiduciary obligation by any
previcusllE.~nnn~~r.
(iii) A successor to only a Special Sponsor Right to
maintain models, sales offices and signs, if
he is not an affiliate of Sponsor, may not
exercise any other Special Sponsor Right, but
is not subject to any liability or obligation
as a Sponsor.
(iv) A successor to all Special Sponsor Rights who
is not an affiliate of Sponsor and who suc-
ceeded to those rights pursuant to a deed in
- -
-
--
-
- - -
lieu of foreclosure or a judgment or instrument
conveyingtitletoUnits under Subparagraph (c)
aforesaid, may declare his intention in a re-
corded instrument to hold those rights solely
for transfer to another party.
Thereafter
until transferring all such Special Sponsor
Rights to any person acquiring title to any
Unit owned by the successor, or until recording
an instrument permitting exercise of all those
rights, that successor may not exercise any of
those rights other than the right to control
the Board for the duration of any period of
Sponsor control and any attempted exercise of
those rights is void. So long as a successor
Sponsor may not exercise special rights under
this subparagraph, he is not subject to any
---.
--
~ ~ ~ a t i ~ a - S p o n s m a t h e r _ t h a n
liability for the successor's acts and
omissions under the Master Deed.
(f) Nothing in this paragraph subjects any successor to
a Special Sponsor Right to any claims against or other obligations
of a transferor other than claims and obligations arising under the
Master Deed.
30. INVALIDITY.
The invalidity of any provision of this Master Deed, the
Certificate of Incorporation, or Bylaws of the Association shall
~
o
t
be- deemed to impair or affect in any manner the validity,
enforceability or effect the remainder of this Master Deed or said
Bylaws and in such event all of the other provisions of this Master
Deed and said Bylaws shall continue in full force as if such
invalid provisions had never been included.
3 1. EXHIBITS.
Attached hereto and made a part hereof are the following
Exhibits:
EXHIBIT "A" -
EXHIBIT "B" -
EXHIBIT "C" -
EXHIBIT "D" -
EXHIBIT "E" -
EXHIBIT "F" -
Metes and bounds description of the
entire tract
Site Plan and Survey of the entire tract
Architectural Drawings
Bylaws of Hanover Park Condominium
Association, Inc.
Certificate of Incorporation of Hanover
Park Condominium Association, Inc.
Unit Designation/Unit TypeIPercentage
Interest
Cmqmentanalysis-Chark
Rules and Regulations
)
IN WITNESS WHEREOF, the Sponsor has caused this
instrument to be executed the day and year first above written, by
its duly authorized President, and the corporate seal affixed
pursuant to a resolution duly adopted by its Board of Directors.
I
HANOVER PARK INC.
Sam Halpern
& 4
7
Pres id'ent
STATE OF NEW JERSEY
SS. :
COUNTY OF MONMOUTH
1 certify that On December 14
, 1992
David Kahane
personally came before me, and this person
acknowledged under oath, to my satisfaction, that,
(a) This person is the
Secretary of Hanover Park
Inc., the Corporation named in this document;
7 (b) this person is the attesting witness to the signing of
this document by the proper corporate officer who is
Sam Halpern
, the
President of the
corporation;
(c) this document was signed and delivered by the corporation
as its voluntary act duly authorized by a proper
resolution of its Board of Directors;
(d) this person knows the proper seal of the corporation
which was affixed to this document; and
fe) this Derson sianed this proof to attest to the truth of
, .
-
. . .
... ,. ,.< +.w
these- facts.
. .
. .
., :.,..
.
. .
..
. . ..
,l
71
Canrnbsion Expim December 29,1993
EXHIBIT "A"
LEGAL DESCRIPTION
0 F
LOTS 39.03,47 AND 47.01, BLOCK, 96
TOWNSHIP OF EAST HANOVER
MORRIS COUNTY, NEW JERSEY
A tract of land known and dcsignatcd as Lots 39.03. 47 and 47.01, Block 96, located in thc
Township of East Hanovcr, Morris County. Ncw Jcrscy. as shown on a ccrtain map cntitlcd
'Minor Subdivision of Block 96. Lots 39.03. 47. 47.01, 25 and 26, Township of East Hanovcr,
Morris County. New Jcrscy', prcparcd by Johnson Enginccring,Inc, datcd Junc 15, 1992, and
bcing morc particularly dcscribcd as follow^
Commencing at thc intcrsccfion of thc wcstcrly sidclinc of Rivcr Road (30' fcct from
ccntcrlinc) cxtcndcd and thc southcrly sidclinc of Sabina Tcrracc (50 foot right-or-way)
-cxtcndcd
and running. thcncc;
A.
Along said Rivcr Road wcsrcrly sidclinc. south 14 dcgrccs 53 minutes 51 scconds wcst.
a distancc of 165.68 fcct to a point in thc northerly sidclinc of Lot 47.01. Block 96,
thcncc;
B.
Along said northerly sidclinc. south 49 dcgrccs 58 minutcs 42 scconds cast, a distancc
of 33.13 fcct to a point in thc ccntcrlinc of Rivcr Road (55 foot right-of-way), bcing thc
point and place of bcginning.
t
,
And from said point of bcginning runs, thcncc;
I.
Along said ccntcrlinc. south 14 dcgrccs 53 minutcs 51 scconds wcst, a distancc of 77.31
fcct to a point. thcncc;
2
Lcaving said Rivcr Road ccntcrlinc, and along a linc common to said Lot 47.01 and Lots
48.01 and 50, and along a linc common. in part, to Lot 47, Block 96 and said Lot 50,
Block 96. north 49 dcgrccs S8 minutcs 42 scconds wcst. a disrancc of 573.41 fccr to a six
foot high chain link fcncc, thcncc;
3.
Along a linc common to said Lots 47 and 50, and along said chain link fcncc, as
dcscribcd in Dccd Book 2841, Pagc 493, south 39 dcgrccs 57 minutcs 14 scconds west. a
distance of 364.24 fcct to a fcncc corncr. thcncc;
4.
Along thcsame. and continuing along said chain link fcncc. north 49 dcgrccs 58 minutes
52 scconds wcst, a distancc of 389.02 fcct to a fcncc corncr, thcncc;
5.
Along thc same, and conrinuing along said chain link fcncc. north 39 dcgrccs 43 minut:s
47 scconds cast, a distancc of 300.00 fcct to a point. thcncc;
6.
Continuing along said common linc of Lots 47 and 50, north 56 dcgrccs 51 minutcs 04
scconds wcst, a distancc of 633.30 icct to a Unitcd Stztcs Army Corp of Enginsers
- ~ ~ c p ~ , t h c n c c ;
-- -
- --
7.
Along thc samc. south 39 dcgrccs 46 minutes 57 scconds wcst, a distancc of 9921 f ~ c t
to an iron pipc at a norrhcrly corncr of Lot 49, Block 96, as shown on a ccrrain map
cntitlcd 'Final Plat hhjor Subdivision Lot 49. Block 96. East Hanovcr, Morris Couqty,
New Jcrscy, prepared by G.S. Srcwart. darcd March 31, 1987, and duly filcd in thc
ofiicial rccords of the Morris County Clcrk as iilcd Map No. 4572, thcncc;
Along a northerly line of said filed Map No. 4572. in the southerly line of said Lot 47,
north 51 degrees 27 minutcs 51 seconds west. a distancc of 76124 feet to a cappcd iron
pin. thence;
Along a westerly line of said Lot 47. and an easterly line of Lot 65. Block 96, north 53
dcgrccs 31 minutes 08 scconds cast, a distancc of 23202 fcct to a cappcd iron pin at a
westcrly corner of Lot 66.15 as shown on a certain map cntitlcd 'Map of Andrca
Devclopmcnt. Inc, Township of East Hanover. Morris County, Ncw Jcrscy. prcparcd by
James K. Howcll. dated July 21. 1969 and bcing duly filcd in thc official rccords of thc
Morris County Clerk as filcd Map No. 3022. thcncc;
Along a linc common to said Lot 47 and Lots 66.15 and 66.16 as shown on said filcd Map
No. 3022, south 51 degrccs 33 minutes 55 scconds cast. a distance of 249.35 feet to a
concrete monument. thcncc;
--- -
Along a line common to said Lou 47 and 66.16, north 38 dcgrces 26 minutes 05 seconds
east. a distancc of 294.62 feet to a iron pin. thcnce;
A&
a line common to said Lot 47 and Lot 66.17, Block 96, south 51 dcgrccs 33 minutes
55 seconds ust, a distance of 12180 feet to a concrctc monumcnt. thcncc;
Along a line common to said Lot 47 and an casterly line of said filcd Map No. 3022, and
aiong Lots 66.17,66.18,66.19,66.20,6611
and 6622, Block 96, as shown on a ccrtain map
entitled %lap of Woodland Park, Section 2. property of McGowan and Millcr, Inc, East
Hanovcr. New Jersey, dated June 1956. being duly filed in the official rccords of thc
Morris County Clerk as filcd Map No. 1742. north 48 dcgrccs 28 minute 00 scconds cast,
a distancc of 61 1.56 feet to a point, thcncc;
Along a line through said Lot 47. as shownon said Minor Subdivision m p of Block 96,
Lots 39.03.47,47.01.25
and 26. south 47 dcgrccs 29 minutcs 59 scconds cast, a distancc
of 40.00 fcct to a point, thcncc;
Along the samc. north 63 dcgrecs 10 minutcs 07 scconds cast. a distancc of 145.45 fcct
to a point, thence;
Along r lot line common to said Lot 47 a n d in par& Lot 25. Block 96, and Lot 26. Block
96. and asshown on said Minor Subdivision Map, south 87 dcgrccs 19 minutcs 34 scconds
cast. a distance of 239.48 feet to a point, thcncc;
Along a lot linc common to said Lots 47 and 26. as shown on said Minor Subdivision
Map. north 73 dcgrces 38 minutcs 43 scconds east. a distancc of 66.45 fcct to a point.
thcnce;
Along a line common to said Lot 47, and Lot 39.03, Block 96. and Lots 27.28 and 28.01.
-
Block 96. passing over an iron pipe distant 0.98 fccr. south 43 degrees 38 minutcs 19
seconds east. a distancc of 494.52 rcet to an iron pipc. thencc;
---
Along a line common to said Lot 39.03 and Lot 36. Block 96. south 43 dcgrccs 13 minutes
33 seconds cast. a distance of 194.50 fcct to an iron pipc. thcncc;
Along a line common to said Lot 39.03 and Lots 37 and 38, Block 96, south 15 dcgrccs
02 minutes 57 scconds west, a distancc of 425.96 fccr to a cappcd iron pin, thcncc;
')
Page Three
21.
Along a line common to said Lot 39.03 and Lot 39, Block 96, south 39 dcgrccs 11 minutes
05 seconds west, a distance of 325.82 feet to a concrctc monument at the porthwesterly
corner of Lot 42, Block 96. as shown on a certain map cntitlcd 'Map of Sunset Estatcs.
Township of East Hanover. Morris County,Ncw Jcrscy, dated Deccmber.7. 1960, bcing
duly filed in the official records of the Morris County Clerk as filcd.Map No. 2122.
thence;
22.
Along a Line common to said Lot 39.03 and a wcstcrly line of said filcd Map No. 2122,
south 44 degrees 55 minutcs 15 scconds wcst. a disrancc of 350.87 fcct to a concrcrc
monument, thence;
_21,
Alcreg fir southwesterly Line of said filcd Map No. 2122, and in part, along a northerly
line of said Lot 47 and a northeasterly line of said Lot 47.01. south 49 degrees 58
minutes 42 seconds east. a distance of 648.61 feet to thc point and place of beginning.
Containing 1,824,177 square fcct/41.877 acres of 1and.and premises to bc thc same more or less.
Subject to drainage rights off the southerly end of Fairvicw Drivc cul-dc-sac onto the subject
property as described in Deed Book V-55, Pagc 55 and Dccd Book G-55, Page 459, containing
no metes and bounds description.
1
Subject to a 70' wide access road cascmcnt to Lot 50, Block 96, from Rivcr Road as mentioned
in Decd Book 2841. Pagc 491. distant 70.00 fcct and parallel to closing coursc No. 23 of the
above described parccL
Subject to a 50' widc Jersey Central Power & Light Company cascmcnt as mcntioncd in Dccd
Boo 052. Page 70. and Decd Book 251, Pagc 22, and as shown on said Minor Subdivision Map
of L '"b u 39.03.47.47.01.25
and 26. Block 96. running from said River Road, distant 50.00 fccr
and parallel to closing course No. 23 of the above described parccl. and through said Lot 47.
to Lots 66.16 and 66.15, Block 96. as shown on said filed Map No. 3022.
Subject to a 30' widc sanitary sewer usement as mentioned in Decd Book 2600. Pagc 204. and
as shown on said Minor Subdivision Map of Lots 39.03.47.47.01,25
and 26. Block 96, prepared
by Johnson Engineering. Inc. running from said Lot 66.15. Block 96. through the above
described property to Lot 49. Block 96. as shown on said filcd Map No. 4572
Subject to a 25 foot widc emergency access czscment running from a southerly sidelinc of
Bench Street, (50 foot right-of-way). through raid Lots 25 and 26 into said Lot 47. as shown on
said Minor Subdivision Map.
'Subject to n Freshwater Wetlnnds/Waters Boundary Line and a 50 foot widc Wctlands Buffer
Line as verified and established by the Ncw Jcrscy Dcpartmcnt of Environrncntal Protection
(N.J.D.E.P.), on August 5. 1991, File No. 1410-914006.1-LI. as shown on a ccrrain map entitled
, T ~ s t I f a m o v ~ r ~ h r f o r r i s h r f o € o u m y ,
New Jcrs-
prepared by Johnson Engineering, Inc, dated July 10, 1992
)
Subject to the various building setbacks and buffer lines as shown on said Final M3p of
Hanover Estates, and as memorialized granting preliminary major subdivision and final site
plan approval to Hnnover Estates by thc Township of East Hanovcr on May 11, 1992
Page Four
')
Together with a 10 foot widc ranitary sewer easement, as shown on said Minor Subdivision
Map. running from said Lot 39.03, distant 10 feet northerly and parallel to the southerly line
of Lot 37, Block 96. to the wcstcrly sideline of said River Road.
.
Together with a 30 foot widc conservation casement located in Lot 26. Block 96 as shown on
said Minor Subdivision Map.
Subject to all easements of record.
The above description was prepared in theoffice of Johnson Engineering, Inc, Morristown.
New Jersey.
O
J
-
e .%6--dv(J4pl
~ O M J S O N FNGINIERING, INC.
John P. orriso on, P.L.S.
professional Land Surveyor
New Jersey License No. 34869
September 21, 1992
1552-A. jpm
EXHIBIT "B"
BUILDING IDENTIFICATION
( T Y P I C A L )
POSTAL IDENTIFIFI CATION
( T Y P I C A L )
NUMBER
NUMBER
jol~r~sor~
euglr eerlng lllcorporoled
euglr~eers, su veprs, lar~dscnpe
1
arcl~ilects & ~lvlrorlrrlerllol plarlrlers
p.0. hox 1519
IIIOIIISIOWII, n n jersey 07962
I
(201) 559-0050
1
I
BUILDING IDENTIFICATION
( T Y P I C A L )
POSTAL IDENTIF~FI CATION
( T Y P I C A L )
~~IIIISOII
er~gltre r h g lt~corporclled
ertglr~eecs, surv PIS,
larldscnpe
arcldlecls & e ~ v i r o ~ ~ ~ t ~ e r ~ l t r l
OI~II~I~IS
p.0. hox 1519 1
IIIOII~S~OWII, ne/.1 jersey 07962
(201) 539-0090
BUILDING IDENTIFICATION
(TYPICAL)
POSTAL IDENTIFIFI CATION
( T Y P I C A L )
JO~IIISOII e11gl11 erlrig it~colpolaled
e~~glr~eers,
s u ~ e p s , lolidscnpe
a~cl~ilecls
& ~ ~ v l r o ~ ~ r ~ ~ e ~ i l n l
p l o ~ l ~ ~ e ~ s
P.O. box 1519 i
~ l ~ o r ~ l s l o w ~ ~ ,
new Jersey 07962
(201) 559-8060
0
EXHIBIT "C"
MASTER BDRM
11'-2
X 16'-0
lo'-+
X 10'-8
HALL,
DINING RM
1tS-11 X 11'-4
I
STEVEN M. PRAWER, P.A.
ARCHITECT
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MASTER BDRM
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STEVEN M. PRAWER, P.A.
ARCHITECT
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EXHIBIT "F"
PAGE 1 OF 8
STREET ADDRESS
1 GRACIE ROAD
2 GRACIE ROAD
3 GRACIE ROAD
4 GRACIE ROAD
5 GRACIE ROAD
6 GRACIE ROAD
7 GRACIE ROAD
E GRACIE ROAD
25 GRACIE ROAD
26 GRACIE ROAD
27 GRACIE ROAD
26 GRACIE ROAD
29 GRACIE ROAD
30 GRACIE ROAD
31 GRACIE ROAD
32 GRACIE ROAD
9 GRACIE ROAD
10 GRACIE ROAD
11 GRACIE ROAD
' 7 GRACIE ROAD
5 GRACIE ROAD
14 GRACIE RDAD
15 GRACIE ROAD
16 GRACIE ROAD
17 GRACIE ROAD
18 GRACIE ROAD
19 GRACIE ROAD
50 GRACIE ROAD
21 GRACIE ROAD
22 GRACIE RDAD
23 GRACIE ROAD
24 GRACIE ROAD
1 DONNA DRIVE
2 DONNA DRIVE
3 DONNA DRIVE
4 DONNA DRIVE
5 DONNA DRIVE
6 DONNA DRIVE
7 DONNA DRIVE
8 DONNA DRIVE
25 DONNA. DRIVE
26 DONNA DRIVE
-7LMNblAJX&LVE
28 DONNA DRIVE
39 DONNA DRIVE
30 DONNA DRIVE
'. ' DONNA DRIVE
HANOVER FARK CONDOMINIUM ASSOCIATION. INC.
SCHEDULE OF SUPPLEMENTARY INFORMATION
UNIT
NUMBER
------
1 -
.L
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
16
19
20
2 1,
22
23
24
25
26 -
~7
28
29
3 0 -
a 1
-,-
a&
33
34
3 5
36
-
.2.7
58
39
46
4 1
4 2
-+
44
4 5
46
47
UNIT
TYPE
-----
A
A
E!
H
A
A
H
H
A
A
H
H
A
A
H
H
LM 1
LM1
LM2
LM2
A
A
H
H
A
A
H
H
LM2
LM2
LM1
LM 1
A
A
H
B
A
A
H
H
A
A
-*
H
A
A
H
PERCENTAGE
OF
OWNERSHIP
MONTHLY
FAYMENT
ANNUAL
PAYMENT
STREET ADDRESS
U N I T
NUMBER
32 DONNA D R I V E
9 DONNA D R I V E
10 DONNA D R I V E
11 DONNA D R I V E
12 DONNA D R I V E
13 DONNA D R I V E
14 DONNA D R I V E
15 DONNA D R I V E
16 DONNA D R I V E
17 DONNA D R I V E
18 DONNA D R I V E
19 DONNA D R I V E
70 DONNA D R I V E
21 DONNA D R I V E
2
2
DONNA D R I V E
2.3 DONNA D R I V E
24 DONNA D R I V E
1 G I N A COURT
2 GINA COURT
5 G I N A COURT
4 GINA COURT
5 G I N A COURT
6 GINA COURT
7 G I N A COURT
8 G I N A COURT
;5 G I N A COURT
26 G I N A COURT
27 GINA COURT
28 G I N A COURT
29 G I N A COURT
30 G I N A COURT
31 G I N A COURT
32 G I N A COURT
9 G I N A COURT
10 G I N A COURT
11 G I N A COURT
12 G I N A COURT
13 G I N A COURT
14 G I N A COURT
15 G I N A COURT
16 G I N A COURT
17 G I N A COURT
18 G I N A COURT
19 G I N A COURT
20 G I N A COURT
21 G I N A COURT
22 GINA. COURT
23 G I N A COURT
---3-GfNf+C33URT-
1 M I L L I E LANE
2 M I L L I E LANE
3 M I L L I E LANE
U N I T
TYPE
-----
H
L M 1
L M 1
LM2
LM2
A
A
H
R
A
A
H
H
LM2
LM2
LMI
L M I
A
A
H
H
A
A
A
El
A
A
H
B
A
A
H
H
L M 1
LM1
LM2
LM2
A
A
R
H
A
A
H
LM2
LM2
LM1
-Lfll-
A
A
H
PERCENTAGE
OF
OWNERSHIF'
----------
0. 312027
0.145713
0.145713
0.173421
0.173421
O.273919
0.273919
15.312027
0.312027
1:).
273919
0.273919
0.312027
0.312027
0.173421
0.173421
0.145713
1:1.145713.
I:). 273919
0.273919
0.312027
(1. 312027
0.273919
0.273919
0.312027
0.312027
0.273919
C1.273919
0.312027
0.312027
0.273919
0.273919
0.312027
0.312027
0.145713
0.145713
0.173421
0.173421
0.273919
0.273919
0.312027
0.312027
0.273919
0.273919
0.312027
0.312027
0.173421
O.l?342l
0.145713
- 1 m i l
0.273919
0.273919
MONTHLY
FAYMENT
ANNUAL
PAYMENT
- - - - - - - - - -
1080
504
504
6CIO
600
94s
948
1081)
1080
948
948
1080
10EO
600
600
504
504
948
948
1080
10E0
94e
948
1080
l0ECl
94E
948
1080
1080
948
948
1060
1080
5 04
504
601:)
600
94s
948
1080
108c'
94s
948
108C
lOBC!
600
600
504
---
m-
946
948
F'AGE 3 OF 8
STREET ADDRESS
------------------
4 MILLIE LANE
5 MILLIE LANE
6 MILLIE LANE
7 MILLIE LANE
8 MILLIE LANE
25 MILLIE LANE
26 MILLIE LANE
27 MILLIE LANE
28 MILLIE LANE
29 MILLIE LANE
30 MILLIE LANE
Z1 MILLIE LANE
Z2 MILLIE LANE
-
- 9 MILLIE LANE
10 MILLIE LANE
11 MILLIE LANE
12 MILLIE LANE
13 MILLIE LANE
14 MILLIE LANE
15 MILLIE LANE
16 MILLIE LANE
17 MILLIE LANE
18 MILLlE LANE
19 MILLIE LANE
'
0
MILLIE LANE
.1 MILLIE LANE
22 MILLIE LANE
23 MILLIE LANE
24 MILLIE LANE
1 SHARON DRIVE
2 SHARON DRIVE
3 SHARON DRIVE
4 SHARON DRIVE
5 SHARON DRIVE
6 SHARON DRIVE
7 SHARON DRIVE
8 SHARON DRIVE
25 SHARON DRIVE
26 SHARON DRIVE
27 SHARON DRIVE
28 SHARON DRIVE
29 SHARON DRIVE
30 SHARON DRIVE
Z1 SHARON DRIVE
32 SHARON DRIVE
9 SHARON DRIVE
10 SHARON DRIVE
L1LSklBRCl&~DR
I "E
12 SHARON DRIVE
13 SHARON DRIVE
14 SHARON DRIVE
5 SHARON DRIVE
5 SHARON DRIVE
UNIT
NUMHER
------
lClC1
101
102
1 c17.
104
105
106
107
108
109
1 1
I:>
UNIT
TYPE
-----
P
A
A
A
A
H
5
A
A
H
R
LM3
LM3
LM2
LM2
A
A
H
H
A
A
P
5
LM2
LM2
LM3
LMS
A
A
5
H
A
A
5
5
A
A
H
5
A
A
5
5
LM3
LM3
+ i
LM2
A
A
5
B
F'ERCENTAGE
OF
OWNERSHIP
--------*-
0.3121:127
0.273919
0.273919
0 . 312027
0.312027
0.273919
O.2739lq
0.312027
C1.312027
r.1.273919
0.27391'?
0.3121:127
0.312027
0.211364
0.211364
0.173421 '
0.173421
0.273919
Cl.273919
0.312027
0.312027
~r .27391$
0.273914
0.1.12027
0.312027
0.173421
0.173421
C1.211364
0.211364
0.273919
0.273919
0.312027
0.312027
0.273019
O.273$19
0.312027
0.312027
0.273919
0.273919
0.312027
O.Zl2027
0.273919
0.273919
0.312C127
0.312027
0.211364
0.211364
-. 97'-
.. . r r -. -
0.173421
0.273919
Cl.273919
0.312027
0 .XI2027
MONTHLY
PAYMENT
----------
90
79
79
90
90
79
79
90
90
79
7 9
90
90
6 1
6 1
50
50
79
79
90
90
79
79
90
9
Cl
50
SO
61
6 1
79
75'
90
90
79
79
90
9 cr
79
79
90
90
79
79
90
90
61
6 1
5e-
50
79
79
90
$0
ANNUAL
PAYMENT
PAGE,4 OF'^
STREET ADDRESS
--- ----------
I
7 SHARON DRIVE
18 SHARON DRIVE
19 SHARON DRIVE
20 SHARON DRIVE
21 SHARON DRIVE
22 SHARON DRIVE
23 SHARON DRIVE
24 SHARON DRIVE
1 REBECCA ROAD
2 REBECCA ROAD
3 REBECCA ROAD
4 REBECCA ROAD
5 REBECCA ROAD
6 REBECCA ROAD
7 REBECCA ROAD
-~
8 REBECCA ROAD
25 REBECCA ROAD
26 REBECCA ROAD
27 REBECCA ROAD
28 REBECCA ROAD
29 REBECCA ROAD
30 REBECCA ROAD
31 REBECCA ROAD
32 REBECCA ROAD
9 REBECCA ROAD
10 REBECCA SOAD
1. REBECCA ROAD
--2 REBECCA ROAD
13 REBECCA ROAD
14 REBECCA ROAD
15 REBECCA ROAD
I 4 REBECCA ROAD
17 REBECCA ROAD
18 REBECCA ROAD
19 REBECCA ROAD
20 REBECCA ROAD
21 REBECCA ROAD
22 REBECCA ROAD
23 REBECCA ROAD
24 REBECCA ROAD
1 JENNIFER DRIVE
2 JENNIFER DRIVE
3 JENNIFER DRIVE
4 JENNIFER DRIVE
5 JENNIFER DRIVE
6 JENNIFER DRIVE
7 JENNIFER DRIVE
8 JENNIFER DRIVE
25 JENNIFER DRIVE
-244
ENNIF~EF-DRI-VE
27 JENNIFER DRIVE
28 JENNIFER DRIVE
29 JENNIFER DRIVE
UNIT
NUMBER
------
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
164
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
301
+el*
203
204
205
UNIT
TYPE
-----
A
A
B
B
LM2
LM2
LM3
LW3
A
A
B
H
A
A
H
B
A
A
B
B
A
A
B
B
LM3
LM3
LM2
LM2
A
A
H
B
A
A
B
B
LMZ
LM2
LM3
L M 3
A
A
B
B
A
A
B
B
A
3-
B
B
A
PERCENTAGE
OF
OWNERSHIP
----------
C1,273?l?
0.273919
I:! .3lX1:7
C1.312O27
0.173421
0.173421
0.211364
0.211364
O.273919
0.273919
0.312027
0.312027
0.273919
0.273919
0. 512027
C1.312027
C1.2739l9
0.273919
0. 312027
0. 312027
C1.273919
0.273919
0. 312027
I:). 312027
0.211364
0.21 1364
0.173421
I:). 173421
0.273915,
0 .2739l?
0.312027
0.312027
0.273919
U.273919
0. 312027
0.312027
0.173421
0.173421
0.211364
0.211364
0.273019
0. 273919
0.312027
C1.312027
0.273919
0.273919
0.312027
1.1. 312027
0.27391"
t:, . ~759r9-
0.312C127
1:) .XI2027
0.273919
MONTHLY
F'AYMENT
----------
79
7 9
90
$0
50
50
6 1
61
7 9
79
90
90
79
79
90
90
79
7 9
90
90
79
79
90
9 Cl
6 1
61
50
50
79
79
90
90
79
79
90
90
50
50
6 1
6 1
79
79
90
90
79
79
90
90
79 ----
90
9 CI
79
ANNUAL
PAYMENT
- - - - - - - - - - .
948
948
1080
1081:1
600
60c1
732
732
946
948
1080
1080
948
946
1080
108c1
948
948
1080
108c1
948
948
1080
1 080
732
732
6 111 0
600
948
948
1080
1080
946
948
1080
1080
60c!
600
732
732
946
948
1080
1080
948
946
1680
1080
p~ 948
Y 4 r
IOBC!
1 08Cl
948
PAGE 5 OF (8
STREET ADDRESS
' JENNIFER DRIVE
3 1 JENNIFER DRIVE
32 JENNIFER DRIVE
9 JENNIFER DRIVE
10 JENNIFER DRIVE
11 JENNIFER DRIVE
12 JENNIFER DRIVE
13 JENNIFER DRIVE
14 JENNIFER DRIVE
15 JENNIFER DRIVE
16 JENNIFER DRIVE
17 JENNIFER DRIVE
18 JENNIFER DRIVE
19 JENNIFER DRIVE
20 JENNIFER DRIVE
- 21 JENNIFER DRIVE
--
LL JENNIFER DRIVE
23 JENNIFER DRIVE
24 JENNIFER DRIVE
1 RUBY LANE
2 RUBY LANE
3 RUBY LANE
4 RUBY LANE
5 RUBY LANE
6 RUBY LANE
7 RUBY LANE
9 RUBY LANE
.J RUBY LANE
26 RUBY LANE
27 RUBY LANE
28 RUBY LANE
29 RUBY LANE
30 RUBY LANE
3 1 RUBY LANE
32 RUBY LANE
9 RUBY LANE
10 RUBY LANE
11 RUBY LANE
12 RUBY LANE
13 RURY LANE
14 RUBY LANE
15 RUBY LANE
16 RURY LANE
17 RURY LANE
18 RUBY LANE
19 RUBY LANE
20 RUBY LANE
2 1 RUBY CANE
22 RUBY LANE
23 RUBY LANE
--
24 RUBY LANE
17 KATIE COURT
18 KATIE COURT
UNIT
NUMEER
------
206
207
208
209
210
21 1
212
213
214
215
UNIT
TYPE
-----
A
B
B
LM3
LM3
LM2
LM2
A
A
5
5
A
A
B
5
LM2
LM2
LM3
LM3
A
A
B
B
A
A
H
H
A
A
B
R
A
A
B
B
LM3
LM3
LM2
LM2
A
A
E
B
A
A
B
B
LM?
LM2
PERCENTAGE
OF
OWNERSHI P
MONTHLY
PAYMENT
----------
79
90
90
6 1
61
50
50
79
79
90
9 0
79
7 9
9 0
90
50
50
6 1
6 1
79
79
90
90
79
79
90
90
79
79
90
90
79
79
9 0
90
6 1
6 1
50
50
79
79
90
90
79
79
90
90
5 0
50
ANNUAL
PAYMENT
-----
948
1080
1080
732
732
600
600
948
948
1080
1080
948
948
1080
1 l:w:I
600
600
732
732
948
948
1080
1080
948
948
1c180
1080
948
948
1 l:l8l:l
1I:IBO
948
948
1080
1080
732
732
61:)l:I
600
948
948
1080
1080
948
946
108l:r
1080
600
60c1
-
~
504
504
7-7
I .iL
732
STREET ADDRESS
.: ----------------
19 KATIE COURT
20 K A T I E COURT
21 KATIE COURT
22 K A T I E COURT
2.3 KATIE COURT
24 KATIE COURT
25 K A T I E COURT
26 K A T I E COURT
27 KATIE COURT
28 K A T I E COURT
29 KATIE COURT
-.
.:.u
K A T I E COURT
31 KATIE COURT
52 K A T I E COURT
- 9 KATIE COURT
10 K A T I E COURT
11 K A T I E COURT
12 K A T I E COURT
13 KATIE COURT
14 K A T I E COURT
15 KATIE COURT
16 KATIE COURT
1 KATIE COURT
2 K A T I E COURT
3 KATIE COURT
;4 K A T I E COURT
5 KATIE COURT
6 K A T I E COURT
7 KATIE COURT
8 KATIE COURT
I 7 C L A I R E COURT
18 CLAIRE COURT
19 CLAIRE COURT
20 CLAIRE COURT
21 CLAIRE COURT
22 CLAIRE COURT
23 C L A I R E COURT
24 CLAIRE COURT
25 CLAIRE COURT
26 CLAIRE COURT
27 CLAIRE COURT
28 CLAIRE COURT
9 CLAIRE COURT
10 C L A I R E COURT
11 C L A I R E COURT
12 CLAIRE COURT
13 C L A I R E COURT
14 CLAIRE COURT
-32-GUPRGC-OUR+-
- ~
16 CLAIRE COURT
1 CLAIRE COURT
2 CLAIRE COURT
3 CLAIRE COURT
UNIT
NUMBER
-
------
259
261:)
26 1
262
-
~ 6 3
264
265
266
267
268
269
270
27 1
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
-.
,.1.10
301
-
2.02
303
304
305
7 -
-U6
30f-
308
309
310
311
UNIT
TYPE
-----
LM2
L M 2
A
A
H
H
A
A
H
H
L M 2
L M 2
L M 3
L M 3
A
A
R
H
A
A
H
H
A
A
H
H
A
A
H
H
A
A
E;
B
A
A
H
H
A
A
E
B
A
A
H
E
A
A
-%-
H
A
A
H
PERCENTAGE
OF
OIJNERSHI P
MONTHLY
PAYMENT
----------
50
50
79
79
90
90
79
79
90
90
50
50
61
6 1
79
79
90
90
79
79
9 0
90
79
79
90
90
79
79
90
90
79
79
90
90
79
79
90
90
79
79
90
90
79
79
90
90
79
79
--
A>-
90
79
79
?:I
ANNUAL
PAYMENT
600
6ClO
948
948
1 08 1:)
1080
948
948
1080
1080
600
600
732
73"
948
946
1080
1060
948
948
l c w
1080
948
948
1080
l0BCl
946
948
1080
1080
948
946
1080
1080
948
948
1080
1080
94E
946
108C'
1OBC'
94E
948
108C'
1080
948
94E
-----
--lees-
1 !:181:1
948
5'46
1080
S T R E E T ADDRESS
4 C L A I R E CO1iRT
5 C L A I R E COURT
4 C L A I R E COURT
7 C L A I R E COURT
8 C L A I R E COURT
1 FRANKIE LANE
2 FRANKIE LANE
3 FRANKIE LANE
4 FRANKIE LANE
5 FRANKIE LANE
6 FRANKIE LANE
7 FRANKIE LANE
8 FRANKIE LANE
19 FRANIIIE LANE
20 FRANK1 E LANE
21 FRANKIE LANE
22 FRANKIE LANE
23 F R A N K I E LANE
24 FRANKIE LANE
25 FRANKIE LANE
24 FRANKIE LANE
9 FRANKIE LANE
10 FRANKIE LANE
11 FRANKIE LANE
12 FRANKIE LANE
i FRANKIE LANE
2 4 FRANKIE LANE
15 FRANKIE LANE
16 FRANKIE LANE
17 F R A N K I E LANE
18 F R A N K I E LANE
9 JOSEPH D R I V E
10 JOSEPH D R I V E
11 JOSEPH DRIVE
12 JOSEPH D R I V E
13 JOSEPH D R I V E
14 JOSEPH D R I V E
1 5 JOSEPH D R I V E
16 JOSEPH D R I V E
1 JOSEPH D R I V E
2 JOSEPH D R I V E
s JOSEPH D R I V E
4 JOSEPH DRIVE
5 JOSEPH D R I V E
6 JOSEPH D R I V E
7 JOSEPH D R I V E
8 JOSEPM D R I V E
17 JOSEPH D R I V E
-i+JBSEPH-DRTVF
19 JOSEPH D R I V E
2O JOSEPH D R I V E
31 JOSEPH D R I V E
JOSEPH D R I V E
U N I T
TYPE
PERCENTeGE
OF
OWNERSH I
F'
----------
0.312027
0.273919
0.273919
0. 312027
1:). 312027
0.273919
0.273919
0.3121527
0.312027
0.273919
0.273919
I:l.312027
1:). 312027
0.273919
0.273919
1.1. 312077
0 .312O27
0.273919
0.273919
0 . 312027
0.312027
0.173421
0.173421
0.273919
0.273919
0.312027
0. 312027
1:). 273919
0.773019
0.312027
0.312027
0.273919
0.273919
I). 312027
Cl.312027
0.273919
0.273919
0.312027
0. 312027
0.27Wl9
0.273919
0.312027
0.312027
0.273919
0.273919
Cl .312027
0.312027
O.273919
1.1 . L /m
0. 512027
0. 312027
l:l.273919
0. 273910
MONTHLY
F'AYMENT
ANNUAL
F'AYMENT
- - - - - - - - -. .
1080
948
948
1080
1080
946
948
1080
1 080
948
948
1 I:lel:I
1 Cl6l:!
946
948
11580
lOBO
948
948
1080
1080
600
600
948
94E
1080
1<!8!:1
946
948
1080
1080
946
948
1080
1C180
948
948
1080
1080
948
948
1 O80
1080
048
948
1c180
1080
Q48
948
1080
1 Clal:l
948
946
PAGE (3 OF 8
STREET ADDRESS
L - - - - - - - - - - - - - - -
23 JOSEPH DRIVE
2 4 JOSEPH DRIVE
'5
JOSEPH DRIVE
26 JOSEPH DRIVE
27 JOSEPH DRIVE
26 JOSEPH DRIVE
UNIT
NUMBER
365
366
367
360
369
370
UNIT
TYPE
-----
H
H
A
A
H
El
PERCENTAGE
OF
OIJNERSHI P
----------
(I. 312027
(1.312027
1:). 273919
0.273919
0.312027
0.312027
MONTHLY
PCIYMENT
----------
90
9 C)
79
79
90
90
ANNUAL
PAYMENT
--
1001:1
1080
94E
948
108C!
1080
EXHIBIT "G"
EXHIBIT "G"
HANOVER PARK CONDOMINIUM ASSOCIATION
COMPONENT ANALYSIS CHART
KEY :
u
-
Unit - owned by one owner
-
CE
=
Common Elements - owned equally by all owners
LCE
=
Limited Common Elements - technically owned by all
owners but use, access or benefit is limited to one
owner
ME
=
Hanover Park Condominium Association is responsible
for ownership and maintenance
T
- -
Township, eventually dedicated to East Hanover
Township and to be maintained by the municipality
**
=
Limited
Common
Expense
- -
Major
maintenance/refurbishing
items
done
by
the
Condominium Association and charged only to the unit
owner (s) who benefit. This is long-term work for
either certain
components or Limited Common
Elements.
Due to the nature of those expenses,
there is no provision in the tlfull-occupancy"
budget
or condo fee for these Limited Common Expenses.
COMPONENT
TYPE
(all components not
featured in all homes)
Roof
CE
(ashphalt shingles)
Flashing
Gutters
Downspouts
Splash Blocks
Chimney Exteriors
CE
'Chimney Flues
U
CONDOMINIUM
ASSOCIATION
MAINTENANCE
Repair
Replacement
Repair
Maintenance
Replacement
Maintenance
None
1
Exterior Vinyl siding,
CE
trim and soffits, shutters
1
None
Repair
UNIT OWNER
RESPONsIBIm
None
None
None
Cleaning
Repair
Cleaning
Repair
None
COMPONENT
TYPE
(all components not
featured in all homes)
Windows
Window glass
Patio doors
Front Entrance Door
Garage Door
Locks, hinges or other
hardware on windows/doors
(incl. garage door)
garage door mechanicals
Patio
Landscape material
Slab, foundation
internal structural
components
Interior components
everything inside
"unit side surfaceu
Plumbing and electrical
Plumbing and electrical
within the Common Elements
HVAC equipment even if
located outside unit
u
u
u
u
LCE
CE
u
u
u
CE
-
u
CONDOMINIUM
ASSOCIATION
MAINTENANCE
None
Repainting
Repainting
None
Replacement
Maintenance
Limited
Replacement
None
None
None
Repair
Maintenance
Replacement
None
UNIT OWNER
RESPONSIBILITY
Cleaning
Repair
~epiacement
Repair
Replacement
Repair
Replacement
Repair
Replacement
Cleaning
Maintenance
Snow Clearing
None
None
Repair
Maintenance
Replacement
Repair
Maintenance
Replacement
None
Repair
Maintenance
Replacement
CONDOMINIUM
ASSOCIATION
UNIT OWNER
MAINTENANCE
RESPONSIBILITY
COMPONENT
TYPE
(all components not
featured in all homes)
Concrete pads - supporting
U
HVAC unit
None
Replacement
Sidewalk
CE
Entry Door to Building
Replacement
Replacement
Snow Clearing
Cleaning
Ice Melting
Sidewalks
- along streets
CE
Snow Clearing
Ice Melting
Replacement
None
Driveway (asphalt)
LCE
driveway aprons (concrete)
Resealing **
Resurfacing **
Snow Clearing
Cleaning
Repair
Ice Melting
Entrance drive
CE
Repair
Snow Clearing
Ice Melting
Resealing
Resurfacing
None
Court roads
Repair
Snow Clearing
Ice Melting
Resealing
Resurfacing
None
Repair
Snow Clearing
Ice Melting
Resealing
Resurf acing
-
Streets
None
Street Lighting
CE
Electricity
Repair
Replacement
None
Open space & basins
CE
Maintenance
None
Stormwater management
CE
facilities
Inspection
Maintenance
Repair
None
EXHIBIT "HI'
EXHIBIT "H"
RULES AND REGULATIONS
OF -
HANOVER PARK CONDOMINIUM ASSOCIATION, INC.
In order that all Unit Owners are treated fairly and equally,
and in order to keep the community a beautiful and desirous place
in which to live, the Condominium Association has set forth the
following Rules and Regulations:
1. No Unit will be used for any purpose other than as a private
residence, except as otherwise provided in the Master Deed.
--
2.
No Unit may be rented, leased or sold without notice to the
Association, and no transient tenants may be accommodated; less
than an entire Unit will not be rented or leased.
3 .
To assist in the maintenance of a current up-to-date roster of
Owners, each Unit Owner will give the Secretary of the Association
timely notice of his intent to list his Unit for sale, and, upon
closing of title, will notify such Secretary of the names and
mailing address of the purchasers.
4. No unlawful use will be made of a Unit and each Unit Owner
will, at his own expense, comply with all governmental laws,
ordinances and regulations.
5. No noxious activity will be carried on in any Unit or in the
Common Elements, nor will anything be done, either willfully or
negligently, which may be or become an annoyance or nuisance to the
other Unit Owners.
6.
Unit Owners and occupants will exercise extreme care about
making noises or playing music which may disturb other Unit Owners.
7.
Each Unit Owner will promptly perform all maintenance and
repair work within his own Unit that, if omitted, would affect any
Common Elements or any portion of the property belonging to other
Unit Owners. Each Unit Owner will be responsible for all damages
and liabilities that any failure to maintain or repair may
engender.
.8. No Unit Owner will permit anything to be done or kept in his
Unit or in the Common Elements which will result in an increased
t- af-e,
cancellation of insurance on the building, or
contents thereof, or which would be in violation of any law.
9.
No Unit Owner (other than Sponsor) may make any additions,
1
alterations or improvements in or to his Unit or in the Common
Elements, or impair any easement for common purposes without the
prior written approval of the Association.
10. No exterior radio, television or electronic antenna or aerial
will be erected, maintained or operated upon any of the buildings.
No exterior loudspeaker (except a portable radio or television) or
unshielded floodlight will be installed or used in any exterior
area of any Unit.
11. No clothes poles or lines will be installed or maintained;
collapsible clothes trees are permitted provided they are removed
when not in use.
12. No Unit Owner or occupant will plant, build, place or maintain
any matter, thing or structure in the Common Elements without the
prior written consent of the Association; Owners or occupants will
not paint nor otherwise decorate to change the appearance of any
portion of the exterior of any Unit.
1 3 . No signs of any kind will be placed in or on windows, doors,
terraces, facades or other exterior surfaces of the buildings or
Common Elements except as provided in the Master Deed.
14. No Unit Owner or occupant will burn, chop or cut any material
or debris on the property.
15. The Common Elements and common Condominium Property will be
used only for the furnishing of the services and facilities for
which they are reasonably intended and suited and which are
incident to the use and occupancy of the Units.
16. Unit Owners and their guests should make it a point of corimon
courtesy to respect the common areas adjacent to the Units and not
allow themselves or their children to cause any act to interfere
with the privacy of the other Unit Owners.
17. No obstructions will be permitted to remain on the walks,
roadways, drives, playground, or pool area.
18. No animal, livestock or poultry of any kind will be raised,
bred or kept in any Unit or in the Common Elements. Dogs, cats or
other household pets are permitted, not to exceed one (1) per Unit,
provided that they are not kept, bred or maintained for any
commercial purpose, and that they are housed within the Unit. No
outside dog pens or yards will be permitted. Any such pet causing
or creating a nuisance or unreasonable disturbance will be
permanently removed fromthe property upon thirty (30) days written
notice from the Association. All dogs, cats and similar animals
.will be leashed or chained at all times. and will not be allowed
to roam free. It will be the responsibility of the animal owner
to clean up any excrement or debris left or caused by the animal
-
and to Drevent the animal from damasins trees or shrubs owned bv
-
-
the ~ssociation
or other Unit Owners.
-
19. The Association grants its approval and consent to all Unit
Owners :
(a) To display or install plants either in containers or in
the ground adjacent to their Unit, provided:
(i) that all in-ground plants are placed within the
existing mulched area and also sufficiently removed from
the lawn to allow mowing and maintenance of the grass;
(ii) that all plants in containers and/or in the ground
planted by Unit Owners are maintained in good condition
by the Unit Owner, including removal of weeds, watering,
spraying, etc. ;
(iii) that any dead or dying plants are removed and
disposed of by the Unit Owner; and
- -
(iv) that all pots or planters containing dormant plants
or no living plants are removed from view.
(b)
To display holiday or festive temporary decorations
outside their Unit provided:
(i) that all decorative temporary
lighting
is
Underwriters Laboratory (UL) approved for outdoor use;
and
(ii) all exterior decorations are removed no later than
two (2) weeks following the holiday.
(c)
No vegetable gardens are permitted except as the
Association may allow in certain designated areas of the
Common Elements.
20. Trash and garbage:
(a) All garbage must be sealed in plastic bags.
21. Parking:
(a) Except in the instance of an emergency, no vehicle will
be parked on any roadway within fifteen (15) feet of a
fire hydrant nor will any vehicle be parked in the
driveway entrance to any cluster. Any vehicle so parked
in violation of this regulation may be towed at the
owner's expense.
(b) The operation, parking or storage of automobiles or other
mot= vefLlcles except upon paved areas is prohibited.
(c) The overnight parking or storage of trucks or commercial
vehicles is prohibited.
.
(d) The parking or storage of recreational vehicles, boats
or boat trailers is prohibited; mobile homes of any size
are prohibited.
(e) Storage of inoperative, abandoned and/or unlicensed motor
vehicles on the Common Elements is prohibited.
Such
vehicles will be towed at the owner's expense.
22. Immediate corrective action may be imposed by the Association
or its designees for any violations or actions which may jeopardize
the health, safety, well-being of any person or value' of any
property belonging to the Association or to any Unit Owner. .
23. Additional Regulations concerning the use of the property may
be promulgated by the Association from time to time, provided,
however, that copies of such Regulations are furnished to each Unit
- Owner prior to becoming effective.
Appendix I | 229 River Road Housing Survey, License
New Jersey Is An Equal Opportunity Employer
Appendix J | 54 Christine Drive License
Appendix K | 1 South Ridgedale Avenue 2022 Deed
Restriction
Appendix L | 2019 KRE Settlement Agreement
Appendix M | KRE 2024 Deed Restriction
Appendix N | Lennar 2024 Deed Restriction
Appendix O | Hanover Park 2014 and 2016
Resolutions Extending the Deed Restriction
Appendix P | 60-72 Eagle Rock Avenue 2023 Deed
Restriction
Morris County Recording Cover Sheet
Honorable Ann F. Grossi, Esq.
Morris County Clerk
Official Use Only - Realty Transfer Fee
Date of Document:
June 8, 2023
Type of Document:
Deed Restriction
Deed-Restricted Affordable Housing Property
First Party Name:
Piazza and Associates, lnc.
Second Party Name:
Township of East Hanover
Additional Parties:
E HAN LLC
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Official Use Only - Barcode
THE FOLLOWING SECTION IS REQUIRED FOR DEEDS ONLY
Block:
Lot:
Municipality:
Consideration:
Mailing Address of Grantee
THE FOLLOWING SECTION IS FOR ORIGINAL MORTGAGE BOOK & PAGE INFORMATION FOR AN
ASSIGNMENT, RELEASE, OR SATISFACTION OF A MORTGAGE OR AN AGREEMENT RESPECTING A MORTGAGE
Original Book:
Original Page
MORRIS COUNTY RECORDING COVER SHEET
Please do not detach this page from the original document as it contains important recording information and
is part of the permanent record.
WARNING: Information contained ori the Recordirrg Cover Sheet must exactly match the information within the
attached docurnent or the document will be rejected and returned.
@
Prepared by and Record and Return To:
Thomas J. Malman, Esq.
Day Pitney, LLP
One Jefferson Road
Parsippany, NJ 07054
Deed Restriction
DBBD-RBSTRICTED AFFORDABLE HOUSING PROPBRTY WITH
RESTRICTIONS ON RESALE AND REF'INANCING
To Rental Property With Covenants Restricting Rentals, Conveyance and Improvements
And Requiring Notice of Foreclosure and Bankruptcy
THIS DEED RESTzuCTION, entered into as of this the A day of fluffif-
,2023, by and
between Prazza and Associates, Inc., ("Administrative Agent"), or its successor, acting on behalf
of the Township of East Hanover (hereinafter the "Municipality"), with offices at Princeton
Fonestal Village, 201 Rockingham Row, Princeton, NJ 08540, and E HAN LLC, a New Jersey
Limited Liability Company, having an address of c/o Kushner Companies, LLC,767 Fifth
Avenue, 50th Floor, New York, New York 10153, the developer/sponsor (the "Owner") of an
inclusionary residential rental project consisting of 265 units, including 53 units affordable to
individuals qualifying as having low- or moderate-income, which project was approved by the
Township of East Hanover Planning Board by Resolution No. 10-2022 adopted on April 26,2022
(the "Project"):
WITNESSETH
Article 1
Consideration
In consideration of benefits and/or right to develop received by the Owner from the Municipality
regarding this rental Project, the Owner hereby agrees to abide by the covenants, tetms and
conditions set forth in this Deed restriction, with respect to the land and improvements more
specifically described in Article 2, hereof.
Article 2.
Description of Property
The Property consists of the land, and a portion of the improvements thereon, that is located in the
municipality of East Hanover, County of Morris, State of New Jersey, and described more
specifically as BlockNo. 1.01, LotNo. 53.02.
The units within the Project that will be affordable to individuals qualiffing as having a low- or
moderate-income are more specifically designated on Exhibit A attached hereto (the "Units").
1t4322594.3
Article 3.
Affordable Housing Covenants
The following covenants (the "Covenants") shall run with the land for the period of at least thirty
(30) years (the "Control Period"), determined separately with respect for each dwelling unit,
commencing upon the date on which the first certified household occupied the unit. In accordance
with N.J.A.C. 5:80-26.11, each restricted unit shall remain subject to the requirements of this
subchapter of the Uniform Housing Affordability Controls ("UHAC") and the Control Period, until
the Municipality elects to release the unit from such requirements. Prior to such a municipal
election, a restricted unit must remain subject to the requirements of this subchapter for a period of
at least thifty (30) years.
Sale of the Property and use of the Units is governed by regulations known as the Uniform
Housing Affordability Controls, which are found in New Jersey Administrative Code at
Title 5, chapter 80, subchapter 26 (N.J.A.C. 5:80-26.7, et seq, the "Uniform Controls").
The Units shall be used solely for the purpose of providing rental dwelling units for low-
or moderate-income households, and no commitment for any such dwelling unit shall be
given or implied, without exception, to any person who has not been certified for that unit
in writing by the Administrative Agent. So long as any dwelling unit remains within its
Control Period, sale of the Property must be expressly subject to these Deed Restrictions,
deeds of conveyance must have these Deed Restrictions appended thereto, and no sale of
the Property shall be lawful, unless advance notice of said sale is provided in writing by
Owner to the Administrative Agent.
No improvements may be made to the Property that would affect the bedroom
configuration of any of the Units, unless permitted by law and approved by the
Municipality and any structural improvements to the Units must be approved in advance
and in writing by the Administrative Agent.
The Owner shall notiff the Administrative Agent and the Municipality of any foreclosure
actions filed with respect to the Property within five (5) business days of service upon
Owner.
The Owner shall notiff the Administrative Agent and the Municipality within three (3)
business days of the filing of any petition for protection from creditors or reorganization
filed by or on behalf of the Owner.
Article 4
Remedies for Breach of Affordable Housing Covenants
A breach of the Covenants during the Control Period will cause ineparable harm to the
Administrative Agent, to the Municipality and to the public, in light of the public policies set forlh
in the New Jersey Fair Housing Act, the Uniform Housing Affordability Control rules found at
N.J.A.C. 5:80-26, and the obligation for the provision of low and moderate-income housing.
A
B
C
D
E
1t4322594.3
B
A.
In the event of a threatened breach of any of the Covenants by the Owner, or any successor
in interest of the Property, the Administrative Agent and the Municipality shall have all
remedies provided at law or equity, including the right to seek injunctive relief or specific
performance.
Upon the occurrence of a breach of any Covenants by the Owner, or any successor in
interest or other owner of the Property, the Administrative Agent and the Municipality
shall have all remedies provided at law or equity including but not limited to forfeiture,
foreclosure, acceleration of all sums due under any mortgage, recouping of any funds
from a sale in violation of the Covenants, diverting of rent proceeds from illegal rentals,
injunctive relief to prevent further violation of said Covenants, entry on the premises,
those provided under Title 5, Chapter 80, Subchapter26 ofthe New Jersey Administrative
Code and specific performance.
Notwithstanding the foregoing, the Administrative Agent and/or Municipality shall issue
written notice to Owner identiffing the threatened breach and/or breach of any
Covenants. Owner shall have forty-five (45) days from receipt of said written notice to
take corrective action.
IN WITNESS WHEREOF, the Administrative Agent and the Owner have executed this Deed
Restriction in triplicate as of the date first above written.
THE ADMINISTRATIVE AGENT
BY:
Name
Title:
THE OWNER
BY:
C
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Pt t)z? Q ,fn..
Pnes t aev *
Name: &t
Title: &
BY:
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ao
APPROVED BY EAST HANOVER
114122594.3
Mayor
ACKNOWLEDGEMENTS
STATE OF NEW JERSEY
COUNTY OF
STATE OF NEW JERSEY
COUNTY OF /lnrri s
*,&iTlffi ,t o[ iE$t$*,,,
xuc#ffi;ffJ#'&l*"
)
)SS
)
I CERTIFY that on this the O I daVor'7Tl o^"
*,2023, Frank Piazza, Jr personally came before me
and stated to my satisfaction that this person: - d'
(a)
was the maker of the attached instrument;
(b)
was authorizedto and did execute this instrument as Presidentof Piazza & Associates, Inc., the entity
named in this instrurnent; and
(c)
executed this instrument as the act of
ty named in this instrument.
NOTARY PI]BLIC
SS
)
)
)
I CERTIFY that on this the 5 day of
me and stated to my satisfaction that
(a)
was the maker of the attached instrument;
(b)
was authorizedto and did execute this instrument
in this instrument; and
2023,
rt.v./
personally came before
Avl#"rr i >. *J--
u.5i5w'h-{ of E HAN, LLC the entity named
(c)
executed this instrument as the act of the entity named in this instrument.
Hi
:s
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C
.i'$
1 1 4322594 3
STATE OF NEW JERSEY )
couNrY orM nrri s
) SS':
I CERTIFY that on this the $-.a.uv "f TWngLW3Joseph Pannullo personally came before me
and stated to my satisfaction that this person:
(a)
was the maker of the attached instrument;
(b)
was authorized to and did execute this instrument as Mayor of the Township of East Hanover, the
entity named in this instrument; and
(c)
executed this instrument as the act of the entity named in this inshument.
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tu
NolenvpUsrrC- I0
ilrcotEllEJ. FlGGl,
iroTARY PUEUC 0E XEW JERSEI
My Commlssloo E0lttrgllS/Z0m '
tt4322594.3
EXHIBIT A
List of Units
t14322594.3
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Appendix Q | Council Resolutions 175-2023 and 212-
2024 Awarding Nike Bid
Appendix R | Affirmative Marketing Plan and 2019
Resolution
Appendix S | Operating Manuals and 2019
Resolution
i
Township of East Hanover
Affordable Housing Services
Operating Manual
SALES & RESALES
Piazza & Associates, Inc. 216 Rockingham Row Princeton, NJ 08540
T.609.786.1100 F.609-786-1105 www.HousingQuest.com
© 2019 All rights reserved. No part of this publication, except Federal or State housing agency
forms, may be reproduced in any manor without the prior written consent of Frank Piazza or Piazza
& Associates, Inc.
ii
Table of Contents
INTRODUCTION ........................................................................................................................................ 1
FAIR HOUSING AND EQUAL HOUSING OPPORTUNITIES .......................................................... 1
WHAT IS AFFORDABLE HOUSING? .................................................................................................. 2
WHO QUALIFIES FOR AFFORDABLE HOUSING? ......................................................................... 2
LOCAL AFFORDABLE HOUSING PROGRAMS FOR PURCHASE ................................................. 2
OTHER AFFORDABLE HOUSING PROGRAMS AND OPPORTUNITIES...................................... 2
OVERVIEW OF THE AFFORDABLE HOUSING ADMINISTRATION PROCESS ......................... 3
OVERVIEW OF THE NEW SALE PROCESS ....................................................................................... 4
OVERVIEW OF THE RESALE PROCESS ........................................................................................... 5
ROLES AND RESPONSIBILITIES ........................................................................................................... 7
Responsibilities of the Municipal Housing Liaison or MHL .................................................................. 7
Responsibilities of an Administrative Agent ............................................................................................ 8
Responsibilities of the Municipal Attorney ............................................................................................ 11
Responsibilities of Developers ................................................................................................................ 11
Responsibilities of an Owner .................................................................................................................. 12
AFFIRMATIVE MARKETING ............................................................................................................... 13
Overview of the Requirements of an Affirmative Marketing Plan ........................................................ 13
Implementation of the Affirmative Marketing Plan .............................................................................. 14
Developer, Affordable Housing Sponsor ............................................................................................... 15
RANDOM SELECTION & APPLICANT POOL(S) .............................................................................. 15
MATCHING HOUSEHOLDS TO AVAILABLE UNITS ...................................................................... 16
APPLICATION FEES ............................................................................................................................... 16
HOUSEHOLD CERTIFICATION ........................................................................................................... 16
Household Composition and Circumstances ......................................................................................... 16
Procedure for Income-Eligibility Certification ...................................................................................... 17
The Real Estate Asset Limit .................................................................................................................... 20
Income from Real Estate ........................................................................................................................ 20
Maximum Monthly Payments ................................................................................................................ 21
Housing Counseling ............................................................................................................................... 21
iii
Approving or Rejecting a Household ..................................................................................................... 22
Dismissal of Applications ....................................................................................................................... 23
Appeals .................................................................................................................................................... 24
DETERMINING AFFORDABLE SALES PRICES ............................................................................... 24
Development Considerations and Compliance Issues ........................................................................... 24
Determining Maximum Initial Sales Price ............................................................................................ 25
Additional Regulations for an Ownership Development ....................................................................... 25
Determining Resale Prices ..................................................................................................................... 26
Requests for Increases in Maximum Sales Price ................................................................................... 26
WAIVERS AND EXEMPTIONS .............................................................................................................. 27
Hardship and Income Waivers ............................................................................................................... 27
Exempt Transactions .............................................................................................................................. 28
VIOLATIONS, DEFAULTS AND REMEDIES ...................................................................................... 29
MAINTENANCE OF RECORDS AND APPLICANT FILES .............................................................. 29
Files To Be Maintained on Every Applicant .......................................................................................... 29
Files To Be Maintained on Every Unit .................................................................................................. 30
Files To Be Maintained on Every Project .............................................................................................. 30
Files To Be Maintained on The Applicant Pool .................................................................................... 30
Monitoring .............................................................................................................................................. 30
EXHIBITS
A.
Equal Housing Opportunity Posters
B.
Annual Regional Income Limits Chart
C.
Application for Affordable Housing
D.
Applicant Questionnaire and Document Checklist
E.
Resale Procedures for Owners Wishing to Sell an Affordable Unit
1
INTRODUCTION
This Operating Manual has been prepared to by Piazza & Associates, Inc., the
Administrative Agent for the Township of East Hanover, to assist in the administration of
for-sale units. General questions regarding its content can be addressed to Piazza &
Associates, Inc. 216 Rockingham Row, Princeton, NJ 08540; by telephone to 609-786-
1100; or by email at info@HousingQuest.com.
This manual describes the basic content and operation of the program, examines program
purposes and provides the guidelines for implementing the program. It has been prepared
with a flexible format allowing for periodic updates of its sections, when required, due to
revisions in regulations and/or procedures.
This manual explains the steps in the initial sale process and in the resale process. It
describes the eligibility requirements for participation in the program, record keeping and
overall program administration.
Implementation of any procedure, even if it is not included in this Operating Manual,
shall be in accordance with the Federal Fair Housing Act and Equal Opportunities laws1,
the Uniform Housing Affordability Controls (UHAC) N.J.A.C. 5:80-26.1 et seq.2, the
substantive rules of the Council on Affordable Housing N.J.A.C. 5:963 and 5:974and the
affordable housing regulations of the Township of East Hanover (hereafter referred to as
the “Regulations”).
FAIR HOUSING AND EQUAL HOUSING OPPORTUNITIES
In accordance with the Federal Fair Housing Act, it is unlawful to
discriminate against any person making application to buy or rent a home
with regard to age, race, religion, national origin, sex, handicapped or
familial status. In addition, New Jersey Law prohibits discrimination in
housing on the basis of race, creed, color, national origin, ancestry, nationality, marital or
domestic partnership or civil union status, familial status, sex, gender identity or
expression, affectional or sexual orientation, disability, source of lawful income or source
of lawful rent payment (including Section 8) by all persons including real estate agents or
brokers, financial institutions, property owners, landlords, or building superintendents,
and their agents and employees with respect to the sale, rental or lease of real property,
listing or advertising of real property, receipt or transmittal of offers to purchase or rent
real property, application and terms of a mortgage or other loan. See Exhibit A.
1 https://www.hud.gov/program_offices/fair_housing_equal_opp/FHLaws
2 http://www.nj.gov/dca/affiliates/coah/regulations/uhac.html
3 http://www.state.nj.us/dca/divisions/lps/hss/statsandregs/596.pdf
4 http://www.state.nj.us/dca/divisions/lps/hss/statsandregs/597.pdf
2
WHAT IS AFFORDABLE HOUSING?
Affordable housing, unlike market rate housing, has affordability controls limiting the
price for at least 30 years. The Regulations considers housing “affordable” if the
household pays approximately 28% or less of the household’s gross income on housing
costs. Affordable housing is priced to be affordable to households earning up to 80% of
the area median income for the region in which the affordable housing is located.
WHO QUALIFIES FOR AFFORDABLE HOUSING?
In order to be eligible for affordable housing in New Jersey, a household’s income will be
below the income limit for the region in which the affordable housing is located, either
for low or moderate levels. A moderate-income household is classified as earning
between 50 percent and 80 percent of the area median income. A low-income household
is classified as earning less than 50 percent of area median income. The New Jersey Fair
Housing Act (NJFHA) has included a new category for very low-income households,
which are classified as earning less than 30 percent of area median income.
Municipalities are not required to provide affordable sale housing to very low-income
households.
The COAH (COAH shall mean COAH or its successors) Regional Income Limits Chart
(Exhibit B) provides information about income limits for each of COAH’s six housing
regions. Each region has different calculated median incomes, which are adjusted
periodically. The Township of East Hanover is located in Morris County, which is part
of Region 2, together with Essex, Union, and Warren Counties.
LOCAL AFFORDABLE HOUSING PROGRAMS FOR PURCHASE
Piazza & Associates, Inc. currently administers the affordable housing sale program in
the Township of East Hanover:
1. Hanover Estates: Included in this development are 74 affordable homes.
A copy of the Township of East Hanover Housing Element and Fair Share Plan is
available at the municipal building, located at 411 Ridgedale Avenue, East Hanover, NJ
07936.
OTHER AFFORDABLE HOUSING PROGRAMS AND OPPORTUNITIES
Affordable housing throughout the State of New Jersey is administered by a wide variety
of organizations and agencies. Further information can be found at:
http://www.nj.gov/dca/affiliates/coah/resources/looking.html.
3
Individuals interested in applying for affordable housing should contact the Municipal
Housing Liaison in the municipality in which they are interested in living. Each
municipality has a Municipal Housing Liaison who is responsible for administering the
municipality’s affordable housing program. Some municipalities administer their own
affordable housing and have their own application process. If not, the Municipal
Housing Liaison can direct applicants to developers, nonprofit agencies, State agencies or
consultants that may administer the affordable housing within the municipality. A list of
Municipal Housing Liaisons can be found at:
http://www.nj.gov/dca/divisions/lps/hss/admin_files/muniliaisons.pdf
The New Jersey Housing and Mortgage Finance Agency has established New Jersey’s
Housing Resource Center, an on-line, searchable database of affordable housing in the
State. The Housing Resource Center provides a listing posted by developers, landlords,
and municipalities of available affordable housing. Available units are listed with contact
and application information. Look for the Housing Resource Center at www.njhrc.gov.
The New Jersey Guide to Affordable Housing, which can be found at
http://www.state.nj.us/dca/divisions/codes/publications/guide.html, is a listing compiled
by the New Jersey Department of Community Affairs Division of Codes and Standards.
It lists all types of affordable housing by county. The housing units on the list have a
variety of qualification requirements, including age-restricted housing and housing for
the developmentally disabled. Applicants who do not have access to the Internet
should call 211 for assistance.
Piazza & Associates, Inc. also provides information on many affordable housing
programs throughout the state of New Jersey. Detailed information about these affordable
housing opportunities can be found at www.HousingQuest.com.
OVERVIEW OF THE AFFORDABLE HOUSING ADMINISTRATION
PROCESS
The Municipal Housing Liaison serves as an initial point of contact for unsolicited
calls to the municipality about affordable housing and where appropriate directs
applicants to an Administrative Agent, who may be developers, nonprofit
agencies, State agencies or consultants that may administer the affordable housing
within the municipality.
The Administrative Agent implements the municipality’s Affirmative Marketing
Plan.
The Administrative Agent serves as the initial point of contact for all inquiries
generated by the affirmative marketing efforts and sends out pre-applications to
interested callers.
Households that apply for low and moderate income housing will be prescreened
by the Administrative Agent for preliminary income eligibility by comparing their
total income and household size to the low and moderate income limits adopted
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by COAH or its successors and other program restrictions that may apply. All
households will be notified as to their preliminary status.
OVERVIEW OF THE NEW SALE PROCESS
An initial deadline date, no less than 60 days after the start of the marketing
process, will be established. All of the preliminary applications received by
Piazza & Associates, on or before the initial deadline date, shall be deemed
received on that date.
Households that apply for low and moderate income housing will be prescreened
by Piazza & Associates for preliminary income eligibility by comparing their total
income and household size to the low and moderate income limits adopted by
COAH or its successors and other program restrictions that may apply. All
households will be notified as to their preliminary status.
A drawing will be held under the direction of Piazza & Associates to determine
the priority order of the pre-qualified applications received on or before the initial
deadline date. All preliminary applications received after the initial deadline, will
be processed on a "first come, first served" basis after the applicants who were in
the initial random selection.
In order to ensure an adequate supply of qualified applicants, the advertising
phase will continue until there are at least ten (10) pre-qualified applicants for
each low and moderate income unit available, or until all of the low and moderate
income units within the development have been sold.
Final applications will be mailed by Piazza & Associates to an adequate number
of pre-qualified applicants, in priority order, for each available low and moderate
income unit. The final application will require the applicants to supply
documents to verify their identity and household composition as well as their
income and assets.
Completed final applications will be forwarded to Piazza & Associates. Piazza &
Associates will make a determination as to their eligibility for a low or moderate
income unit. Applicants will receive a letter from Piazza & Associates with
respect to the status of their application each time a review is performed.
When submitting final applications, applicants will also be asked to provide a pre-
qualification letter from a qualified lending institution.
Certified applicants will be given 15 days to sign a sales agreement with the
developer. Mortgage contingencies may not be an acceptable term of the
agreement.
The sales agreement may also limit closing to a reasonable time to be approved by
Piazza & Associates in advance of the process.
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OVERVIEW OF THE RESALE PROCESS
When an Owner of a restricted unit wishes to sell, the sale will be processed through the
Administrative Agent. Prior to the initial date of purchase, the Owner makes a
certification regarding his or her understanding of this requirement.
The Administrative Agent coordinates certain aspects of the sales process for affordable
homes on behalf of designated municipalities. The Administrative Agent is not a real
estate agent, however, and recommends that the Seller use a qualified real estate
professional. The process is outlined below.
The Seller submits a Preliminary Notice and Request for Maximum Sale Price
(MSP).
The Administrative Agent will respond to the Seller in writing, explaining some
of the details of the process and informing the Seller of the MSP. The MSP is
calculated by using COAH’s Annual Regional Income Limits Chart or approved
alternative, and can be estimated on the Resale Calculator at HousingQuest.com
or on COAH’s website.
The Seller then submits a Final Notice of Intention to Sell to the Administrative
Agent.
The Administrative Agent will respond by sending 20 copies of Preliminary
Applications to the Seller, specially marked with the address of the affordable
home at the top.
The Administrative Agent will send a “Notice of Availability” to households on
the waiting list for an affordable home of the same bedroom size and income
category. The Notice will ask interested households to contact the Seller or their
agent, directly, to make an appointment to see the affordable home within a two-
week time frame. The Seller may want to prepare a flyer for us to distribute with
the notice of availability. The Administrative Agent reserves the right to limit the
number of notices that are mailed, based on the chronological order in which the
prequalified applications were received. If the notices are limited in this way,
applicants receiving notices will have a priority over those who do not.
The Administrative Agent will affirmatively market the unit if there is no current
applicant pool.
The Seller or their agent may also want to advertise. Ads should include the
“Equal Housing Opportunity” logo and should be sent to our office for review
prior to distribution.
The Seller or their agent, upon showing the home, provides potential buyers with
a copy of the Preliminary Application (which may be duplicated if necessary).
Interested households complete the application together with a mortgage pre-
approval letter from a qualified lending institution.
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At the end of the two-week time period, the Administrative Agent collects all of
the Preliminary Applications submitted for a particular home. These forms are
prioritized on the basis of a blind selection process or lottery. Preference may be
given to households that can utilize all of the bedrooms, as well as handicap
accommodations, when applicable.
The first applicant or two on the prioritized list is sent a letter which requires them
to complete a final application within fourteen days. When an applicant is
approved as a buyer, a copy of the approval letter is sent to the Seller and their
agent.
The Seller and the certified interested household (now Buyer) execute a “Contract
of Sale.” The Administrative Agent ensures that the Deed, Recapture Mortgage,
Recapture Mortgage Note and Disclosure Statement (Appendix J) form are
submitted as part of the closing package to the attorney responsible for the closing
or other closing agent.
The remaining applicants are maintained on the waiting list for this home or other
homes in the same size and income categories. In the event that the potential
buyer is not able and/or willing to purchase the affordable home, the next
applicant on the prioritized list is notified pursuant to the process described above.
When an applicant is in second priority position to purchase an affordable home
(the original home), and another home of the same size and type in the same
municipality (the next home) becomes available within 90 days of the lottery date
of the original home, the applicant will have the option to transfer priority from
the original home to the next home. The following conditions will apply: This
opportunity only applies to the next home of the same bedroom number and
income category as the original home that becomes available within the 90-day
period. This offer will be made only one time and only for the next home. It does
not apply to other similar homes that become available. The applicant must have
completed a final application and be pre-qualified for the original home in order
to be considered. The applicant will be notified by phone that an alternate home is
available. The applicant will then have 3 business days in which to view the next
home and make the determination if he/she would like to pursue that purchase. If
so, the applicant would relinquish the secondary priority position for the original
home. Once the decision to transfer to the next home is made, the applicant
cannot be reinstated to the secondary position for the original home if he/she is
unable or unwilling to purchase the next home. Conversely, once the decision is
made to remain in the secondary position for the original home, the applicant
cannot then transfer to the next home if he/she is unable or unwilling to purchase
the original home.
A copy of the Sales Contract will be submitted to the Administrative Agent prior
to closing. The terms of the contract (e.g., closing dates and mortgage
contingencies) should be reasonable to both buyer and seller.
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During the final stages of the process, the Seller should provide a “Notice of
Intent to Transfer Title” form. It will be necessary to make arrangements for the
Mortgage and Note to be satisfied with respect to the Seller and new documents
filed with respect to the Buyer.
A copy of the TILA-RESPA or HUD Closing Statement (as applicable) will be
submitted to the Administrative Agent. A certified copy of the recorded deed,
the original recorded repayment mortgage and note, and the certificate of
ownership should also be sent to the Administrative Agent after closing.
The filing and recording of documents is the responsibility of the seller’s or
buyer’s attorney, but the Administrative Agent may also elect to file the
documents. Once all documents are filed and recorded, and returned to the
Administrative Agent for inclusion in the file, the Administrative Agent will
process a release of the original documents.
Annually, the Administrative Agent shall send a mailing to the Owner of the
affordable unit reminding them of the rights and requirements of owning an
affordable unit.
This outline is meant to describe the process utilized prior to the expiration of the
deed restrictions. It is not meant to be a legal representation of the rights or
responsibilities of any party, nor is it meant to modify the Affordable Housing
Agreement, Mortgage Note or other Deed Restrictions. Buyers and Sellers are
encouraged to seek legal counsel for specific questions in this regard. The
Administrative Agent is available to both the Seller and the Buyer throughout the
process to answer any questions that they may have.
ROLES AND RESPONSIBILITIES
Responsibilities of the Municipal Housing Liaison or MHL
The Municipal Housing Liaison is responsible for coordinating all the activities of the
municipal government as it relates to the creation and administration of affordable
housing units, in conjunction with the Municipal Attorney, where appropriate (see
Responsibilities of the Municipal Attorney). The primary purpose of the MHL to
ensure that all affordable housing projects are established and administered according to
the Regulations as outlined in an Operating Manual. The duties of the MHL include the
following duties, and may include the responsibilities for providing administrative
services as described in the next Section under, Responsibilities of an Administrative
Agent.
Monitor the status of all restricted units in the municipality’s Fair Share Plan.
Regardless of any arrangements the municipality may have with one or more
Administrative Agents, it is the Municipal Housing Liaison’s responsibility to know the
status of all restricted units in their community.
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Serve as the municipality’s primary point of contact for all inquiries from the State,
Administrative Agents, developers, affordable housing sponsors, owners, property
managers, and interested households. The MHL serves as the municipality’s primary
point of contact on affordable housing issues. Interested applicants should be provided
with information on the types of affordable units within the municipality and, where
applicable, the name of the Administrative Agent that manages the units and the contact
information for the Administrative Agent.
Compile, verify and submit annual reporting. Administrative Agents are responsible
for collecting much of the data that is ultimately included in an annual COAH monitoring
report. However, it is the Municipal Housing Liaison’s responsibility to collect and verify
this data and consolidate it into the annual report to COAH. Any requests from COAH
for additional information or corrections will be directed to the MHL.
Coordinate meetings with Administrative Agents and Developers/Affordable
Housing Sponsors/Owners. When a new affordable unit or series of units is in the
planning process, the MHL should coordinate a meeting between the Administrative
Agent and the developer, affordable housing sponsor or owner. The developer, affordable
housing sponsor or owner may serve as their own Administrative Agent, if they meet the
applicable requirements and are approved by the municipality and COAH. The purpose
of this initial meeting is to develop a clear division of labor between the parties and to
transmit any components of the Operating Manual – including copies of all COAH-
related local ordinances -- that have already been adopted by the municipality.
It is the responsibility of the Municipal Housing Liaison, in conjunction with the
Municipal Attorney, to have the affordable housing provisions of any Master Deed and
Public Offering reviewed for consistency with COAH and UHAC regulations, before
they are recorded and submitted to DCA for approval.
Provide Administrative Services, unless those services are contracted out. The
responsibilities for providing administrative services are described in the next Section
under, Responsibilities of an Administrative Agent.
Responsibilities of an Administrative Agent
The primary responsibility of an Administrative Agent is to establish and enforce
affordability controls and ensure that units in the Administrative Agent’s portfolio are
sold to eligible households. Administrative Agents will:
Secure written acknowledgement from all developers, affordable housing sponsors
and owners that no restricted unit can be offered or in any other way committed to
any person other than a household duly certified by the Administrative Agent.
Create and adhere to an Operating Manual. All Administrative Agents are required to
follow the policies and procedures of an Operating Manual, as applicable to the scope of
services they have been contracted to perform.
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Implement the municipality’s Affirmative Marketing Plan. The Administrative
Agent, the developer, affordable housing sponsor or owner could be responsible for
implementing the Affirmative Marketing Plan adopted by the municipality. At the first
meeting with the Municipal Housing Liaison, Administrative Agent and the developer,
affordable housing sponsor or owner, this responsibility should be discussed.
Affirmative marketing includes conducting regional outreach and advertising for
available affordable units. Advertising costs are the responsibility of the developer or
current owner.
Accept applications from interested households. In response to marketing initiatives or
by referral from the Municipal Housing Liaison, interested households will contact the
Administrative Agent. The Administrative Agent will supply applicants with
applications, provide additional information on available units and accept completed
applications.
Conduct random selection of applicants for sale and resale of restricted units. The
Administrative Agent is responsible for conducting the random selection in accordance
with the Affirmative Marketing Plan and any related local ordinances, and as described in
the Operating Manual.
Create and maintain a pool of applicant households. This includes reaching out to
households in the applicant pool to determine continued interest and/or changes in
household size and income.
Determine eligibility of households. The task of collecting application materials and
documentation from applicant households and analyzing it for eligibility is the
responsibility of an Administrative Agent. A written determination on a household’s
eligibility will be provided within twenty (20) days of the Administrative Agent’s
determination of eligibility or non-eligibility. Whether or not the household is determined
to be eligible for a unit, it is an Administrative Agent’s responsibility to secure all
information provided by the household in individual files and to maintain strict
confidentiality of all information regarding that household. An Administrative Agent is
required to ensure that all certified applicants execute a Disclosure Statement
acknowledging the rights and requirements of owning an affordable unit, in the form of
Appendix J of UHAC, as applicable.
Establish and maintain effective communication with owners and property
managers. Owners and property managers of restricted units should be instructed and
regularly reminded that the Administrative Agent is their primary point of contact. The
Administrative Agent will immediately inform all owners and property managers of any
changes to the Administrative Agent’s contact information or business hours. The
Administrative Agent will create and distribute annual mailings to all Owners of
affordable units reminding them of the rights and requirements of owning an affordable
unit.
Owners should be instructed to immediately contact the Administrative Agent in the
following circumstances:
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If they are considering or have decided to sell their home.
In the event they wish to refinance their mortgage or take out a home equity loan
and, consequently, will be seeking a subordination of their mortgage.
If they are seeking an increase in the sales price of their unit due to capital
improvements.
If they are seeking a Hardship Waiver to allow them to rent their unit.
Preserve affordability controls during the sale of restricted units. Immediately upon
being notified of an Owner’s intent to sell their property, an Administrative Agent should
inform the Owner of the Owner’s role in the marketing and sale of the home. An
Administrative Agent is responsible for extinguishing the affordability controls with the
Seller and re-establishing them with the Buyer. An Administrative Agent is responsible
for providing closing attorneys/agents with the appropriate legal instruments.
Ensure cancellations of Recapture Mortgages are effectuated. It is the Administrative
Agent’s responsibility to ensure that Recapture Mortgages are cancelled at the conclusion
of the control period when the Recapture Mortgage is satisfied. If the Recapture
Mortgage is being cancelled due to a sale of the property during the control period, then
the Administrative Agent may wish to cancel the original Recapture Mortgage only after
the Recapture Mortgage with the new Owner has been recorded.
Send out annual mailings about restrictions. Administrative Agents will annually mail
to all Owners of affordable housing units a reminder of their rights and responsibilities as
Owners of an affordable unit.
Ensure unit has Continuing Certificate of Occupancy at final transfer. To help
ensure a healthy and safe living environment for all families, an Administrative Agent is
responsible for obtaining an inspection or a certified statement from the local Building
Inspector at the first sale after the expiration of the minimum affordability control period.
Serve as the custodian of all legal documents. An Administrative Agent is responsible
for maintaining originals of all legal instruments for the units in their portfolio.
Throughout the duration of a control period, an Administrative Agent will maintain a file
containing its affordability control documents. This includes, but is not limited to, the
recorded Declarations of Covenants, Conditions and Restrictions, Deed Restrictions,
Deeds, Recapture Mortgages, Recapture Mortgage Notes and Disclosure Statement.
Serve as point of contact on all matters relating to affordability controls. It is
recommended that the Administrative Agent develop a system to be notified by lenders
when a unit is at risk of foreclosure. In the event of a foreclosure, the Administrative
Agent should work with the foreclosing institution to ensure that the affordability
controls are maintained. The Administrative Agent should seek the counsel of the
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municipality’s attorney on legal matters that threaten the durability of the affordability
controls.
Provide annual activity reports to Municipal Housing Liaison for use in the annual
monitoring report. An Administrative Agent is responsible for collecting the reporting
data on each unit in the Administrative Agent’s portfolio.
Maintain and distribute information on HUD-approved Housing Counseling
Programs.
Responsibilities of the Municipal Attorney
The Municipal Attorney assists the municipality with developing, administrating, and
enforcing affordability controls, including but not limited to:
Assisting the Municipal Housing Liaison with the review of the affordable
housing provisions of any Master Deed and Public Offering for consistency with
COAH and UHAC regulations, before they are recorded and submitted to DCA
for approval.
Providing all reasonable and necessary assistance in support of the Administrative
Agent’s efforts to ensure compliance with the housing affordability controls,
including reviewing legal documents and legal actions required on foreclosures
and violations.
Responsibilities of Developers
When a new affordable unit or series of units is in the planning process, the developer of
affordable housing should contact the Municipal Housing Liaison, who shall coordinate a
meeting with the Administrative Agent, where applicable, and the developer, affordable
housing sponsor or owner.
The purpose of this initial meeting is to develop a clear division of labor between the
parties and to transmit any components of the Operating Manual – including copies of all
affordable-related local ordinances -- that have already been adopted by the municipality.
If provided for by ordinance and made a condition of the approval of the planning board
or zoning board of adjustment, the developer may be responsible for the costs of
advertising affordable units.
The Administrative Agent will secure from the developer written acknowledgement that
no restricted unit can be offered or in any other way committed to any person other than a
household duly certified by the Administrative Agent.
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Responsibilities of an Owner
Owners should read annual mailings from the Administrative Agent, and cooperate with
any and all requests for information from either the Municipal Housing Liaison or the
Administrative Agent.
The Owner may sell the unit only to a household that has been approved in advance and
in writing by the Administrative Agent. No sale of the unit shall be lawful unless
approved in advance and in writing by the Administrative Agent. No sale shall be for a
consideration greater than the maximum resale price, as determined by the
Administrative Agent.
When an Owner wishes to sell an affordable unit, it is the Owner’s responsibility to
notify the Administrative Agent and to execute a “Notice of Intent to Sell”. If a potential,
certified Buyer makes an offer of the maximum resale price of an affordable unit, then
the Owner is obligated to enter into a sales contract with that Buyer for the sale of that
unit or withdraw the “Notice of Intent to Sell”.
An Owner may not rent out the Owner’s unit to any other person, not even to members of
the Owner’s family.
The Owner shall at all times maintain the unit as his or her principal place of residence,
defined as residing at the unit at least 260 days out of each calendar year.
An Owner shall make no improvements to the unit that would effect its bedroom
configuration or to increase the maximum permitted resale price, except for
improvements approved in advance and in writing by the Administrative Agent.
The Owner shall pay all taxes and public assessments and assessments by the
condominium association levied upon or assessed against the unit, or any part thereof,
when they become due and before penalties accrue.
The Owner shall pay all charges of any utility authority when they become due and
before penalties accrue.
The Owner shall not permit any lien, except those approved by the Administrative Agent,
to attach and remain on the property for more than 60 days.
The Owner will have approval of the Administrative Agent if they wish to refinance their
mortgage or take out a home equity loan and, consequently, will be seeking a
subordination of their mortgage.
In the event that any first mortgagee or other creditor of an Owner of a low- and
moderate-income unit exercises its contractual or legal remedies available in the event of
default or nonpayment by the Owner of a low- and moderate-income unit, the Owner
shall notify the Administrative Agent in writing within 10 days of such exercise by the
first mortgagee or creditor and no later than 10 days after service of any summons and
complaint.
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An Owner shall notify the Administrative Agent within 10 days, in writing, of any default
in the performance by the Owner of any obligation under either the master deed of the
condominium association, including the failure to pay any lawful and proper assessment
by the condominium association, or any mortgage or other lien against the low- and
moderate-income unit, which default is not cured within 60 days of the date upon which
the default first occurs.
AFFIRMATIVE MARKETING
Overview of the Requirements of an Affirmative Marketing Plan
All affordable units are required to be affirmatively marketed using the Township of East
Hanover’s Affirmative Marketing Plan. An Affirmative Marketing Plan is a regional
marketing strategy designed to attract households of all majority and minority groups,
regardless of race, creed, color, national origin, ancestry, marital or familial status,
gender, affectional or sexual orientation, disability, age, or number of children to housing
units which are being marketed by an Administrative Agent or a developer, sponsor,
owner or property manager of affordable housing. The primary objectives of an
Affirmative Marketing Plan are to target households who are least likely to apply for
affordable housing, and to target households throughout the entire housing region in
which the units are located.
Every Affirmative Marketing Plan will include all of the following:
Publication of at least one advertisement in a newspaper of general circulation
within the housing region; and
At least one additional regional marketing strategy such as a neighborhood
newspaper, religious publication, organizational newsletter, advertisement(s) with
major employer(s), or notification through community and regional organizations
such as non-profit, religious and civic organizations.
For each affordable housing opportunity within the municipality, the Affirmative
Marketing Plan will include the following information:
The address of the project and development name, if any
The number of units, including number of sale units
The price ranges of the sale units
The name and contact information of the Municipal Housing Liaison,
Administrative Agent or property manager
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A description of the Random Selection method that will be used to select
applicants for affordable housing.
Disclosure of required application fees, if any.
Advertisements will contain the following information for each affordable housing
opportunity:
The location of the units
A range of prices for the housing units
The bedroom size(s) of the units
The maximum income permitted to qualify for the housing units
The locations of applications for the housing units
The business hours when interested households may obtain an application for a
housing unit
Application fees, if any
Implementation of the Affirmative Marketing Plan
The affirmative marketing process for new affordable units shall begin at least four
months prior to expected occupancy. In implementing the marketing program, the
Administrative Agent shall undertake all of the strategies outlined in the Township of
East Hanover Affirmative Marketing Plan. Advertising and outreach shall take place
during the first week of the marketing program and each month thereafter until all the
units have been sold. Applications for affordable housing shall be available in several
locations in accordance with the Affirmative Marketing Plan. The time period when
applications will be accepted will be posted with the applications. Applications shall be
mailed to prospective applicants upon request.
An applicant pool will be maintained by the Administrative Agent for re-sales.
When a resale affordable unit becomes available, the applicants will be selected from the
applicant pool and the unit will be affirmatively marketed as described in the Resale
process, above
The selection of applicants from the applicant pool is described in more detail in this
manual under Random Selection & Applicant Pool(s).
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Developer, Affordable Housing Sponsor
If permitted by the municipality, the developer or affordable housing sponsor may be
responsible for advertising the affordable housing in accordance with the municipality’s
adopted Affirmative Marketing Plan. Prior to publication or broadcast, draft copies of
the marketing material will be submitted to the Administrative Agent for approval. Proof
of publication will be submitted, including a copy of the final advertisements with a copy
of the paid bill. Public Service Announcements shall be submitted by the Administrative
Agent.
RANDOM SELECTION & APPLICANT POOL(S)
Applicants are selected at random before income-eligibility is determined, regardless of
household size or desired number of bedrooms. The process is as follows:
After advertising is implemented, applications are accepted for 60 days. The applications
are prescreened for eligibility. Applicants that are deemed, at this stage, to be ineligible
are sent a notice and given an opportunity to clarify or correct any information. This will
be done in writing.
Prescreened applications are entered into a data base and sorted by the unit size and
affordability type that is appropriate. Applicants are sent letters as to their eligibility
during this preliminary application stage.
Prior to the randomized selection, a list of applicants will be sent to the Municipal
Housing Liaison (MHL) in the order to which the random numbers will be applied. This
list should be maintained in the file so that the MHL can verify the establishment of the
order of the list in advance of the random selection.
At the end of the 60-day period, the Administrative Agent arranges a time and date for
the random selection process to take place. The MHL and a representative of the
developer are invited and encouraged to attend. An announcement of the time and date is
made by way of an email blast to those applicants who voluntarily sign up for this service
through www.HousingQuest.com.
It is important to note that applicants need not be present at the random selection, and that
there is no advantage given those applicants who do attend.
At the random selection, a website is used to generate a random list of numbers. The
numbers are applied to the list in the order that was prearranged. A copy of the random
numbers and the final list are sent to the MHL for verification and file.
All applicants are assigned a random number. A random number does not guarantee that
the applicant will be deemed eligible. Applicants who submit more than one application
and receive more than one priority number will forfeit the lower number with the highest
priority.
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When units become available, final applications are sent in the prioritized order as
specified previously. The Administrative Agent can keep the applicant pool open after
the initial lottery and add names to the existing list based on time and date of submission.
On-going marketing is done primarily through www.HousingQuest.com.
For re-sales, applications received subsequent to the initial random selection may be
subject to a random selection on a per-unit basis.
MATCHING HOUSEHOLDS TO AVAILABLE UNITS
In referring certified households to specific restricted units, to the extent feasible, and
without causing an undue delay in occupying the unit, the Administrative Agent shall
strive to implement the following policies:
Provide an occupant for each unit bedroom;
Prevent more than two persons from occupying a single bedroom; and
Require that all the bedrooms be used as bedrooms.
A household is placed only on one unit list for eligibility. A household may chose to
change the unit type for which they are eligible within the scope of the program.
APPLICATION FEES
The Administrative Agent does not charge a fee to applicants.
HOUSEHOLD CERTIFICATION
Before any household can purchase a restricted unit, the Administrative Agent will
certify the household as eligible. Certification of a household involves the verification of
two critical pieces of data: 1) Household size and composition, including gender; and 2)
The total income and assets for all household members 18 years of age or older. The
certification process begins with the applicant completing an application in its entirety
and providing the required backup documentation. Once eligibility documents and data
have been collected, the Administrative Agent can begin the process of calculating the
household’s income.
Household Composition and Circumstances
Generally, a Household is defined as everyone who intends to reside in the affordable
unit. Temporarily absent members of a household will be counted in very limited
circumstances, such as a member of the military in active duty. Unborn children and
children in the process of being adopted shall be counted as members of the household.
The following are generally excluded from the household for the purposes of income
qualifying, but may be considered by the Administrative Agent for the purposes of
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determining the size of the unit: live-in aid, foster children and children who live in the
household with less than 50% joint physical custody.
The following are various records for documenting household information:
Social Security records or cards. Either individual Social Security card or letter
from Social Security Administration
Adoption papers, or legal documents showing adoption in process
Income Tax Return
Driver’s License
Birth Certificate or Passport
Alien Registration Card
Divorce Decree and Settlement Agreement
Adoption Agency / Legal Correspondence and/or Certification
Correspondence / Certification from Foster Care Services
Doctor’s Authorization for Live-in Aid.
The Administrative Agent always reserves the right to require any other such
documentation that, in its sole discretion, it deems necessary to verify
composition.
Procedure for Income-Eligibility Certification
To calculate income, the current gross income of the applicant is used to project that
income over the next 12 months. Applicants may NOT change or modify their situation
relative to their income once they have submitted a Final Application.
Through the submission of the Final Application, the Administrative Agent shall require
each member of an applicant household who is 18 years of age or older to provide
documentation to verify their income. The application and a schedule of required
documentation can be found in Exhibits C and D. Generally the documentation required
is as follows:
Four current consecutive pay stubs, including bonuses, overtime or tips, or a
signed and dated letter from the employer stating the present annual income figure
or if self-employed, a current Certified Profit & Loss Statement and Balance
Sheet.
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Copies of Federal and State income tax returns for each of the preceding three tax
years - A Form 1040 Tax Summary for the past three tax years can be requested
from the local Internal Revenue Service Center or by calling 1-800-829-1040.
A letter or appropriate reporting form verifying current monthly benefits such as
o Social Security or SSI – Award letter or computer print out letter
o Unemployment – verification of Unemployment Benefits
o Welfare -TANF5 current award letter
o Disability - Worker’s compensation letter
o Pension income – a pension letter.
A letter or appropriate reporting form verifying any other sources of income
claimed by the applicant, such as alimony, child support and education stipends.
Current reports of savings and checking accounts (bank statements and
passbooks) and income reports from banks or other financial institutions holding
or managing trust funds, money market accounts, certificates of deposit, stocks or
bonds.
Evidence or reports of income from directly held assets, such as real estate or
businesses.
Interest in a corporation or partnership – Federal tax returns for each of the
preceding three tax years.
Current reports of assets – Market Value Appraisal or a contract with a real estate
broker which sets forth the price of the property and Bank/Mortgage Co.
Statement indicating Current Mortgage Balance. For rental property, attach copies
of all leases.
The Administrative Agent always reserves the right to require any other such
documentation that, in its sole discretion, it deems necessary to verify household
income.
The following is a list of various types of wages, payments, rebates and credits. Those
that are considered as part of the household’s income are listed under Income. Those that
are not considered as part of the household’s income are listed under Not Income.
5 TANF – Temporary Assistance for Needy Families
19
Income
1. Wages, salaries, tips, commissions
2. Alimony
3. Regularly scheduled overtime
4. Pensions and regular distributions from retirement accounts
5. Social security benefits
6. Unemployment compensation (annualized)
7. TANF
8. Verified regular child support
9. Disability benefits
10. Net income from business or real estate
11. Actual interest income from assets such as savings, certificates of deposit, money market
accounts, mutual funds, stocks, bonds
12. Imputed interest (using the current HUD Passbook Rate) from non-income producing
assets, such as checking accounts, cash on hand, and equity in non-income producing real
estate.
13. Net rental income from real estate
14. Non-tuition stipends for living expenses for students
15. Non-Governmental financial support
16. Any other forms of regular income reported to the Internal Revenue Service
17. Regular financial support from any source.
Not Income
1. Rebates or credits received under low-income energy assistance programs
2. Food stamps
3. Payments received for foster care
4. Relocation assistance benefits
5. Income of live-in attendants
20
6. Scholarships
7. Student loans
8. Personal property such as automobiles
9. Lump-sum additions to assets such as inheritances, lottery winnings, gifts, insurance
settlements
10. Part-time income of persons enrolled as full-time students
Deduction from Income
Court ordered payments for alimony or child support paid to another household shall be deducted
from gross annual income
Student Income
Only full-time income of full-time students is included in the income calculation. A full-
time student is a member of the household who is enrolled in a qualifying education
program for 12 credit hours or more per semester; and part-time income is income earned
on less than a 35-hour workweek. Full time income (35 hours or more) for full-time
students is always counted.
The Real Estate Asset Limit
Except for federal programs, if an applicant’s primary residence, which is to be sold upon
purchase of an affordable unit, has no mortgage debt and is valued at or above the
regional asset limit as published annually by COAH or their successor as part of the
Annual Regional Income Limits Chart, the household will be determined ineligible for
certification.
However, if the applicant’s existing monthly housing costs including taxes, homeowner
insurance, and condominium or homeowner association fees exceed 38 percent of the
household’s eligible monthly income, the household will be exempt from the asset limit.
An applicant will provide a recent, Market Value Appraisal, on the home they own unless
the applicant has mortgage debt on the home or can demonstrate that the existing monthly
housing costs exceed 38 percent of the household’s eligible monthly income, in which
case the applicant is exempt from the asset limit.
Income from Real Estate
If real estate owned by an applicant for affordable housing is a rental property, the net
revenue is considered income. Specifically, rent from real estate is considered income,
after deduction of any mortgage payments, real estate taxes, property owner’s insurance
and reasonable property management expenses as reported to the Internal Revenue
21
Service. Other expenses are not deductible. If actual rent is less than fair market rent, the
administrative agent shall impute a fair market rent.
If an applicant owns real estate with mortgage debt, which is not to be used as rental
housing, the Administrative Agent should determine the imputed interest from the value
of the property. The Administrative Agent should deduct outstanding mortgage debt
from the documented market value established by a market value appraisal. Based on
current HUD Passbook Savings Rate, interest will be imputed on the determined value of
the real estate.
Maximum Monthly Payments
The percentage of funds that a household can contribute toward housing expenses is
limited. However, an applicant may qualify for an exception based on the household’s
current housing cost (see below). The Administrative Agent will strive to place an
applicant in a unit with a monthly housing cost equal to or less than the applicant’s
current housing cost.
A certified household is not permitted to purchase a unit that would require more than 33
percent of the verified household income to pay principal, interest, taxes, homeowner and
private mortgage insurance and condominium or homeowner association fees, as
applicable. However, at the discretion of the Administrative Agent, this limit can be
exceeded if the applicant:
Obtains a firm mortgage loan commitment at the higher level from a licensed
financial institution, under terms consistent with the requirements of the New
Jersey Home Ownership Security Act of 2002, N.J.S.A. 46:10B-22 et seq.; and
Submits a certification from a non-profit counselor approved by HUD or the New
Jersey Department of Banking and Insurance that the household has received
counseling on the advisability of the loan transaction.
Housing Counseling
The Administrative Agent will provide referrals for counseling, as a part of its services.
Although housing counseling is recommended, a household is only required to attend
counseling if their monthly housing expense exceeds UHAC standards. A HUD-
approved housing counseling agency, or a counseling agency approved by the NJ
Department of Banking and Insurance, meets UHAC’s requirements for an experienced
Housing Counseling Agency. This counseling to low- and moderate-income housing
applicants will focus on subjects such as budgeting, credit issues, and mortgage
qualification, and is free of charge. A list of non-profit counselors approved by HUD
and/or the New Jersey Department of Banking and Insurance is included on COAH’s
website and is available from the Administrative Agent.
In addition, the Administrative Agent will:
22
Confirm and update all information provided on the application.
Explain program requirements, procedures used to verify information, and
penalties for providing false information. Ask the head of household, co-head,
spouse and household members 18 years of age or older to sign the Authorization
for Release of Information forms and other verification requests.
Review
the
applicant’s
identification
and
financial
information
and
documentation, ask any questions to clarify information on the application, and
obtain any additional information needed to verify the household’s income.
Seek to ensure, to a reasonable degree, that the applicant has reported all sources
for earned and benefit income and assets (including assets disposed of for less
than fair market value in the past two years). Require the applicant to give a
written certification as to whether any household member did or did not dispose
of any assets for less than fair market value during the past two years.
Approving or Rejecting a Household
Administrative Agents will notify applicant households of their eligibility within twenty
(20) days of the Administrative Agent’s determination.
Households with a verified total household income that exceeds 80 percent of the
regional income limit for the appropriate family size are ineligible for purchase or rental
of restricted units. A letter rejecting the household’s application shall be mailed to the
household.
Similarly, households with a verified total household income that is within the income
limits, but too low to afford any of the units administered by the Administrative Agent
shall be sent a letter rejecting the household’s application, and/or referring them to
housing counseling.
Households with a verified total household income of less than 80 percent shall be issued
a letter certifying eligibility. This certification is valid for 180 days. If the applicant does
not sign a Sales Agreement within that time frame, an extension may be granted once the
household’s eligibility is updated and verified.
Once the applicant is certified and matched to an available unit, the Administrative Agent
will secure from the applicant a signed and notarized acknowledgement of their
requirements and responsibilities in purchasing a restricted unit. UHAC’s Disclosure
Statement shall be forwarded to the applicants.
In addition to non-eligibility based on income, the Administrative Agent may deny a
certification because of the household’s failure or inability to document household
composition, income, assets, sufficient funds for down payment, or any other required
facts and information. A household may also be denied certification if the Administrative
23
Agent determines that there was a willful or material misstatement of fact made by the
applicant.
Dismissal of Applications
Applications can be dismissed for the following reasons:
1. The application is not signed or submitted on time;
2. The applicant's sources of income or household composition changes after the
submission of the final application, but before approval;
3. The applicant commits fraud, or the application is not truthful or complete;
4. The applicant cannot or does not provide documentation to verify their income or
other required information when due;
5. The household income does not meet the minimum or maximum income
requirements for a particular property;
6. The applicant owns an asset that exceeds the Asset Limits for COAH properties;
7. The applicant fails to respond to any inquiry in a timely manner;
8. The applicant had a greater chance than any other applicant submitted for a
random selection;
9. The applicant is non-cooperative or abusive with the our staff, property managers
or the sellers of affordable units;
10. The applicant changes address or other contact information without informing us
in writing;
11. The applicant is unable to obtain suitable and legitimate financing for a sale unit
or fails to verify attendance in a home buyer credit counseling program when
required to do so by the program rules;
12. The applicant does not respond to a periodic update inquiry in a timely fashion;
13. The applicant fails to sign the Compliance Certification, Certificate for Applicant;
Lease Documents, Contract for Sale, Affordable Housing Agreement and/or Deed
Restrictions as may be required; or
14. The applicant, once approved, fails to close on a sale in a timely manner.
Applicants will also be withdrawn from all lists held by us in the Township of East
Hanover once they have been approved for an affordable unit within that same
municipality. However, these applicants may re-apply for other opportunities in that
municipality once they have occupied their unit. Applicants withdrawn for fraud may be
withdrawn from all programs administered by Piazza & Associates, Inc., and may be
subject to prosecution under the law.
Applicants who are withdrawn and who wish to re-apply to that specific program may do
so using a new Preliminary Application. The new Preliminary Application will NOT be
given preferential treatment, but will be processed in the same way that all new
24
Preliminary Applications for that specific program are processed. In the event that an
application list is closed when the application is withdrawn, the applicant will be required
to wait until the list is re-opened to apply again.
Applicants who are dismissed must re-apply. A minimum time period of six months
applies in most situations where the applicant has been withdrawn for fraud,
uncooperative behavior or other serious matters.
Appeals
Appeals from all decisions of an Administrative Agent shall be made in writing to the
Municipal Housing Liaison, Township of East Hanover; or the Executive Director of the
New Jersey Housing and Mortgage Finance Agency.
DETERMINING AFFORDABLE SALES PRICES
Development Considerations and Compliance Issues
There are several regulations that will be considered from the development perspective
before the sales prices of individual units can be calculated. These requirements should
be discussed at the first meeting between the Municipal Housing Liaison, Administrative
Agent and developer or affordable housing sponsor. The following is a summary of the
requirements for ownership projects.
Bedroom Distribution. The standards on the distribution of unit sizes for affordable
developments require that:
The combined number of efficiency and one-bedroom units may be no greater
than 20 percent of the total low- and moderate-income units;
At least 30 percent of all low- and moderate-income units will be two-bedroom
units;
At least 20 percent of all low- and moderate-income units are three-bedroom
units; and
The remainder, if any, may be allocated at the discretion of the developer.
Age-restricted Units. Affordable age-restricted units are not held to these bedroom
distribution standards. For affordable age-restricted units, the number of age-restricted
low- and moderate-income bedrooms will be equal to or greater than the number of age-
restricted units within the development. In other words, the average bedroom size in an
age-restricted development will be equal to or greater than one bedroom per unit. For
example, if the overall age-restricted development is 25 percent efficiencies, and 50
percent one-bedroom units, and 25 percent two-bedroom units, that equals an overall
25
development bedroom size of exactly one bedroom per unit. An age-restricted
development can meet this standard by creating all one-bedroom units or by creating a
two-bedroom unit for each efficiency unit, or any other combination that will equal a
minimum of one bedroom per unit.
Pricing by Household Size. Initial sales prices and rents are based on targeted “model”
household sizes for each size home as determined by the number of bedrooms. Initial
sales prices and rents will adhere to the following rules. These maximum sales prices and
rents are based on COAH’s Annual Regional Income Limits Chart at the time of
occupancy:
A studio shall be affordable to a one-person household;
A one-bedroom unit shall be affordable to a one- and one-half person household;
A two-bedroom unit shall be affordable to a three-person household;
A three-bedroom unit shall be affordable to a four- and one-half person
household; and
A four-bedroom unit shall be affordable to a six-person household.
The above rules are only to be used for setting initial sales prices. They are not
guidelines for matching household sizes with unit sizes.
Determining Maximum Initial Sales Price
To determine the affordable sale prices the Administrative Agent uses the regulations set
forth in UHAC.
The maximum sales price for an ownership unit is determined by first calculating the
amount that an appropriately sized household can afford for housing expenses at various
income ranges. Several related expenses (homeowner insurance, private mortgage
insurance (PMI), association fees and taxes) will then be subtracted from the household’s
maximum monthly contribution toward housing expenses to arrive at the maximum
monthly mortgage payment. The calculated mortgage amount, a five percent down
payment, and the current lending rate will be used to arrive at the maximum sales price.
Additional Regulations for an Ownership Development
In addition to the regulations in the previous Section entitled Development
Considerations and Compliance Issues, ownership developments will also comply with
the following regulations:
Division of Units: Low- and Moderate-income. In each affordable ownership
development, at least 50 percent of each unit type will be affordable to low-income
26
households. The remaining affordable units will be affordable to moderate-income
households.
Affordability Average. Each affordable development will achieve an affordability
average of no more than 55 percent of the regional median income for restricted
ownership units. In achieving this affordability average, moderate-income ownership
units will be available for at least three different prices for each bedroom type, and low-
income ownership units will be available for at least two different prices for each
bedroom type.
Maximum Initial Sales Price. The maximum initial sales price of restricted ownership
units within each affordable development shall be affordable to households earning no
more than 70 percent of the regional median income.
Condominium/Homeowner Association Fees. The master deeds of affordable
developments shall provide no distinction between the condominium or homeowner
association fees and special assessments paid by low- and moderate-income purchasers
and those paid by market purchasers.
Determining Resale Prices
Calculating the maximum resale price (MRP) for an ownership unit involves applying the
annual percentage increase corresponding with each calendar year since the Seller bought
the house. No increase is permitted during the balance of the calendar year immediately
after the sale. A Resale Price Calculator has been created by the Administrative Agent to
provide an estimate of the MRP to owners of affordable homes. It can be accessed at
www.HousingQuest.com, by clicking on “Resale Calculator” on the menu bar and
choosing the municipality in which your affordable home is located. In the alternative,
homeowners can also call Piazza & Associates, Inc., at 609-786-1100, and request a
verbal estimate by phone. The official MRP can only be given in writing in response to a
written request, together with a copy of the recorded deed.
Requests for Increases in Maximum Sales Price
The Seller of an ownership unit may ask the Administrative Agent to increase the sales
price of their home beyond the maximum sales price under limited circumstances. Only
those improvements “that render the unit suitable for a larger household or that add an
additional bathroom” can increase the calculated maximum sales price. In no event shall
the maximum sales price of an improved housing unit exceed the limits of affordability
for the larger households.
27
WAIVERS AND EXEMPTIONS6
Hardship and Income Waivers
An Owner may not rent out the Owner’s unit to any other person, not even to members of
the Owner’s family. The Administrative Agent may grant a Hardship Waiver for the
following extenuating circumstances:
The Owner’s employer is temporarily sending the Owner to a work place a great
distance from the Owner’s home, and the employer expects the Owner to resume
work for the employer back at home within the next 12 months.
The Owner is called up for military service
An Owner of a low-income unit may request that the unit be sold to a household whose
income exceeds the established income eligibility criteria for a low-income household,
but does not exceed the income criteria for a moderate-income household, by submitting
a written request for an Income Waiver to the Administrative Agent. The Owner will
demonstrate that this request is consistent with the following reasons for an Income
Waiver:
The unit is in marketable condition as determined by the Administrative Agent.
The Owner has made a good faith effort to sell the unit to a certified household
for no less than six (6) months, in accordance with procedures required by the
Administrative Agent and no certified household has made a “reasonable” offer
during the that six-month period.
The Owner has demonstrated a willingness to consider price offers lower than the
maximum allowable resale price, taking into account current market conditions
and the marketability of the unit.
The Owner has advertised the unit’s availability in newspapers and other
locations likely to be noticed by potential purchasers, or has engaged the services
of a qualified real estate agent to sell the home.
The Administrative Agent may grant an Income Waiver upon demonstration that the
Owner has made a good faith effort to sell the unit and subject to COAH determining that
there is an insufficient number of low-income purchasers in the market to permit prompt
occupancy of the unit.
Upon receipt of a request for an Income Waiver,7 the municipality shall have first option
to purchase the unit at the approved resale price and holding, renting or conveying it to a
certified household. The municipality shall have 30 days in which to exercise this option.
6 Revised 4.24.08
7 Rev 5.16.08
28
The Administrative Agent shall approve or deny a Hardship Waiver in writing within 30
days of receipt all requested verification.
The Administrative Agent shall approve or deny an Income Waiver in writing within 30
days of receipt of all requested verification from the Owner and a determination by
COAH that there are an insufficient number of low-income purchasers in the market to
permit prompt occupancy of the units. The Income Waiver shall be provided to the
Owner with a copy to the Buyer at the time of closing. The original shall be filed with
the Deed. The Income Waiver is only valid for the designated resale transaction. All
future resales will be in accordance with the Deed restrictions and sold to income eligible
households for no more than the approved indexed resale price.
The approval of an Income Waiver for a particular resale does not guarantee receipt of
the maximum resale price to the Owner.
If the Administrative Agent denies a Hardship Waiver or Income Waiver, the Owner may
appeal the decision of the Administrative Agent within 30 days from the date of
notification of the decision of the Administrative Agent (see Appeals). If a written
request has not been received within 30 days following the household’s receipt of
notification, the denial will be final. Owners shall be required to produce documentation
to support their claim.
Exempt Transactions
The following title transactions shall be deemed exempt transactions and, when
requested, the Administrative Agent shall provide the Owner receiving title with written
confirmation of the exemption to those restrictions that determine occupancy of the unit.
Transfer of ownership between former spouses ordered as a result of a judicial
decrees of divorce or judicial decree of separation (but not including sales to third
parties);
Transfer of ownership between family members by will or intestate succession;
Transfer of ownership through an Executor’s Deed to a Class A beneficiary; and
Transfer of ownership by Court Order.
An exempt transfer of ownership does not terminate the resale restrictions or existing
liens on the property. All liens will be satisfied in full prior to subsequent resale and all
subsequent resale prices will be calculated using the resale price index in compliance
with the term of the affordable housing regulations.
The exempt transaction shall not be considered as a recorded transaction in calculating
subsequent resale prices.
29
The Owner shall notify the Administrative Agent in writing of any proposed transaction
that requires approval as an exempt transaction. The Owner shall supply the
Administrative Agent with all necessary documentation to demonstrate that the
transaction qualifies as an exemption as defined above.
If the Administrative Agent denies the exemption, the Owner may appeal the decision of
the Administrative Agent within 30 days from the date of notification of the decision of
the Administrative Agent (see Appeals). If a written request has not been received within
30 days following the household’s receipt of notification, the denial will be final. Owners
shall be required to produce documentation to support their claim.
VIOLATIONS, DEFAULTS AND REMEDIES
In the event of a threatened breach of any of the regulations governing the affordable unit
by an Owner, the Administrative Agent shall have all the remedies provided at law or
equity, including the right to seek injunctive relief or specific performance, it being
recognized by both parties that it will cause irreparable harm to the municipality, in light
of the public policies set forth in the Fair Housing Act and the obligation for the
provision of low- and moderate-income housing.
Upon the occurrence of a breach of any of the regulations governing the affordable unit
by an Owner, the municipality shall have all remedies provided at law or equity,
including but not limited to foreclosure, acceleration of all sums due under a mortgage,
recoupment of any funds from a sale in the violation of the regulations, injunctive relief
to prevent further violation of the regulations, entry on the premises, and specific
performance.
MAINTENANCE OF RECORDS AND APPLICANT FILES
Pursuant to N.J.A.C. 5:80-26.14(a)8, N.J.A.C. 5:80-26.15(c) and N.J.A.C. 5:80-26.17
current records will be maintained by the Administrative Agent and outdated records will
be given to the municipality for safe-keeping. A file will be created and maintained on
each restricted unit for its control period.
The Administrative Agent will maintain detailed records on all marketing initiatives.
Files To Be Maintained on Every Applicant
The Administrative Agent will maintain files on every applicant. All files will contain a
preliminary application. If an applicant’s preliminary application is approved, and the
applicant files a formal application, the file will contain at a minimum:
Application Form.
Income Verification
Letter of Certification of Eligibility or Letter of Determination of Ineligibility.
30
Individual files will be maintained throughout the process and submitted to the
municipality upon termination of the program.
Files To Be Maintained on Every Unit
The Administrative Agent will maintain files on every unit for the length of the
affordability controls. The unit file will contain at a minimum:
Base sales prices
Identification as low- or moderate-income
Description of number of bedrooms and physical layout
Floor plan
Original deed restriction
Affordability control documents, including Declarations of Covenants, Conditions
and Restrictions, Deed Restrictions, Deeds, Recapture Mortgages, Recapture
Mortgage Notes, Disclosure Statement
Application materials, verifications and certifications of all present owners,
pertinent correspondence, any documentation of home improvement, hardship or
income waivers or other approvals granted by an AA, certificate of exemption
Files To Be Maintained on Every Project
The Administrative Agent will maintain files on every project for the length of the
affordability controls. The project file will contain at a minimum:
Condominium Master Deed
Condominium Public Offering
Files To Be Maintained on The Applicant Pool
Any changes to the applicant pool
Any action taken with regard to the applicant pool
Any activity that occurs that affects a particular applicant
Current applications for all applicants whose status is active in the applicant pool
The application, the initial rejection notice, the applicant’s reply to the notice, a
copy of the Administrative Agent’s final response to the applicant, and all
documentation of the reason the applicant’s name was removed from the
applicant pool.
Monitoring
A sample Deed will be submitted for each project. Additionally, the current annual
monitoring information required to be maintained and reported annually to the Municipal
Housing Liaison can be found on COAH’s website. The information required for each
unit includes but is not limited to:
31
Street Address
Block/Lot/Qualifier/Unit Number
Housing Type
Income: Very Low/Low/Moderate
Initial Sale Price
% of affordability
Bedroom Type
Age-restricted
Handicap accessible/adaptable
Co #, date
Effective date of affordability controls
Length of affordability controls (yrs)
Date Affordability controls removed
95/5
New Jersey Law Prohibits
Discrimination
in
Housing
ON THE BASIS OF:
Race, Creed, Color, National Origin, Ancestry, Nationality, Marital or
Domestic Partnership or Civil Union Status, Familial Status, Sex, Gender
Identity or Expression, Affectional or Sexual Orientation, Disability, Source
of Lawful Income or Source of Lawful Rent Payment (including Section 8)
BY:
All Persons including Real Estate Agents or Brokers, Financial
Institutions, Property Owners, Landlords, or Building Superintendents,
and Their Agents and Employees
WITH RESPECT TO:
• The Sale, Rental or Lease of Real Property
• Listing or Advertising of Real Property
• Receipt or Transmittal of Offers to Purchase or Rent Real Property
• Application and Terms of a Mortgage or Other Loan
REMEDY MAY INCLUDE:
An Order Restraining Unlawful Discrimination, Reimbursement for
Financial Loss, Damages for Pain and Humiliation Experienced
as a Result of Unlawful Discrimination, Punitive Damages, and
Attorney’s Fees
It is also unlawful to publish real estate advertisements which express any discrimination against
persons protected by the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq.
The regulations of the New Jersey Division on Civil Rights require that all real estate brokers and persons who engage in the
business of selling or renting real property who are covered by the New Jersey Law Against Discrimination shall display this
official poster in places easily visible to all prospective tenants and purchasers. N.J.A.C. 13:8-1.3.
Violations Should Be Reported To the Nearest Office
of the NJ Division on Civil Rights or Call Toll Free at 866-405-3050
Atlantic City
26 S. Pennsylvania Avenue, 3
rd Floor
Atlantic City, NJ 08401
(609) 441-3100
(Phone)
(609) 441-7648
(TTY)
Jersey City
574 Newark Avenue, 3
rd Floor
Jersey City, NJ 07306
(201) 798-5168
(Phone)
Camden
One Port Center
2 Riverside Drive, 4th Floor
Camden, NJ 08103
(856) 614-2550
(Phone)
(856) 614-2574
(TTY)
Newark
31 Clinton Street, 3
rd Floor
Newark, NJ 07102
(973) 648-2700
(Phone)
(973) 648-4678
(TTY)
Trenton
140 East Front Street, 6th Floor
Trenton, NJ 08625
(609) 292-4605
(Phone)
(609) 292-1785
(TTY)
1/11
www.NJCivilRights.gov
Trenton
140 East Front Street, 6th Floor
Trenton, NJ 08625
(609) 292-4605
(Phone)
(609) 292-1785
(TTY)
Rents** Sales***
Region 1
Median
$66,607
$71,365
$76,122
$85,637
$95,153
$98,959
$102,765
$110,377
$117,989
$125,602
Moderate
$53,286
$57,092
$60,898
$68,510
$76,122
$79,167
$82,212
$88,302
$94,391
$100,481
Low
$33,303
$35,682
$38,061
$42,819
$47,576
$49,479
$51,382
$55,189
$58,995
$62,801
Very Low
$19,982
$21,409
$22,837
$25,691
$28,546
$29,688
$30,829
$33,113
$35,397
$37,680
Region 2
Median
$70,537
$75,576
$80,614
$90,691
$100,767
$104,798
$108,829
$116,890
$124,952
$133,013
Moderate
$56,430
$60,460
$64,491
$72,553
$80,614
$83,838
$87,063
$93,512
$99,961
$106,410
Low
$35,269
$37,788
$40,307
$45,345
$50,384
$52,399
$54,414
$58,445
$62,476
$66,506
Very Low
$21,161
$22,673
$24,184
$27,207
$30,230
$31,439
$32,649
$35,067
$37,485
$39,904
Region 3
Median
$82,810
$88,725
$94,640
$106,470
$118,300
$123,032
$127,764
$137,228
$146,692
$156,156
Moderate
$66,248
$70,980
$75,712
$85,176
$94,640
$98,426
$102,211
$109,782
$117,354
$124,925
Low
$41,405
$44,363
$47,320
$53,235
$59,150
$61,516
$63,882
$68,614
$73,346
$78,078
Very Low
$24,843
$26,618
$28,392
$31,941
$35,490
$36,910
$38,329
$41,168
$44,008
$46,847
Region 4
Median
$72,165
$77,319
$82,474
$92,783
$103,092
$107,216
$111,340
$119,587
$127,834
$136,082
Moderate
$57,732
$61,855
$65,979
$74,226
$82,474
$85,773
$89,072
$95,670
$102,268
$108,865
Low
$36,082
$38,660
$41,237
$46,392
$51,546
$53,608
$55,670
$59,794
$63,917
$68,041
Very Low
$21,649
$23,196
$24,742
$27,835
$30,928
$32,165
$33,402
$35,876
$38,350
$40,825
Region 5
Median
$63,070
$67,575
$72,080
$81,090
$90,100
$93,704
$97,308
$104,516
$111,724
$118,932
Moderate
$50,456
$54,060
$57,664
$64,872
$72,080
$74,963
$77,846
$83,613
$89,379
$95,146
Low
$31,535
$33,788
$36,040
$40,545
$45,050
$46,852
$48,654
$52,258
$55,862
$59,466
Very Low
$18,921
$20,273
$21,624
$24,327
$27,030
$28,111
$29,192
$31,355
$33,517
$35,680
Region 6
Median
$53,714
$57,550
$61,387
$69,061
$76,734
$79,803
$82,873
$89,011
$95,150
$101,289
Moderate
$42,971
$46,040
$49,110
$55,248
$61,387
$63,843
$66,298
$71,209
$76,120
$81,031
Low
$26,857
$28,775
$30,694
$34,530
$38,367
$39,902
$41,436
$44,506
$47,575
$50,644
Very Low
$16,114
$17,265
$18,416
$20,718
$23,020
$23,941
$24,862
$26,703
$28,545
$30,387
Income limits not officially adopted by the State of New Jersey. Contact your municipality to see if applicable in your jurisdiction. Additional information about AHPNJ income limits is posted on AHPNJ.org
Prepared by Affordable Housing Professionals of New Jersey (AHPNJ) - May 2019 EXHIBIT B
Low income tax credit developments may increase based on the low income tax credit regulations.
2019 AFFORDABLE HOUSING REGIONAL INCOME LIMITS BY HOUSEHOLD SIZE
Moderate income is between 80 and 50 percent of the median income. Low income is 50 percent or less of median income. Very low income is 30 percent or less of median income.
**This column is used for calculating the pricing for rent increases for units (as previously calculated under N.J.A.C. 5:97-9.3). The increase for 2015 was 2.3%, the increase for 2016 was 1.1%, the
increase for 2017 was 1.7%, and the increase for 2018 was 2.2%. The increase for 2019 is 2.6% (Consumer price Index for All Urban Consumers (CPI-U): Regions by expenditure category and
commodity and service group). Landlords who did not increase rents in 2015, 2016, 2017, or 2018 may increase rent by up to the applicable combined percentage including 2019 or 9.0% whichever
is less in accordance with N.J.A.C. 5:97-9.3(c). In no case can rent for any particular apartment be increased more than one time per year.
**** The Regional Asset Limit is used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3.
* These columns are for calculating the pricing for one, two and three bedroom sale and rental units as per N.J.A.C. 5:80-26.4(a).
1 Person
*1.5 Person
2 Person
*3 Person
4 Person
Regional Asset
Limit****
Bergen, Hudson,
Passaic and Sussex
Essex, Morris,
Union and Warren
5.67%
9.64%
2.6%
2.6%
Mercer,
Monmouth and
Ocean
$183,994
$193,321
$225,261
$193,919
2.6%
$166,981
3.09%
5.15%
$143,713
3.91%
*** This column is used for calculating the pricing for resale increases for units (as previously calculated under N.J.A.C. 5:97-9.3). The price of owner-occupied low and moderate income units may
increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the administrative agent
be lower than the last recorded purchase price.
Max Increase
Atlantic, Cape
May, Cumberland,
and Salem
*4.5 Person
5 Person
6 Person
7 Person
8+ Person
Hunterdon,
Middlesex and
Somerset
2.6%
2.6%
4.73%
Burlington,
Camden and
Gloucester
2.6%
Identification. Please include a photocopy of identification for every person who will reside in the affordable
home. Typically, a birth certificate, drivers license or passport will be sufficient. Verification of Income. Every
applicant must submit a copy of each of the most recent three (3) years of signed state and federal tax returns
(1040). Please include all accompanying documents such as W2 form(s), 1099's etc. If the applicant has not filed
a return in any of the three (3) previous years, he / she m ust submit a notarized letter of explanation. Every
applicant must submit the six (6) most recent statements from every Checking account and three (3) statem ents
from every other bank and financial account (including, Savings, CD's, Money Market Accounts, etc.) to which
the ap plicant is a d epositor or sig natory. All sources of income must be verified. Acceptable form s of
verification include... Salary: Four (4) m ost recent pay statem ent (stubs). Social Security: A letter from the
Social Security Administration. Public Assistance: A letter from th e appropriate ag ency which d etails the
amount and frequency of the benefit. Alimony and Child Support: The separation or divorce agreement which
details the am ount and frequency of child suppor t or alim ony received by the applicant. Pension Plan, IRA,
Annuity and/or other retirem ent account, pl an or service under which the
applicant receives an incom e or
financial distribution: The most recent statement for each which clearly indicates the amount and frequency of the
distribution. In lieu of a statement, a letter of v erification from th e ap propriate authority will be co nsidered.
Savings Bonds: A copy of all bonds held by the applicant(s). Stocks, Bonds, Treasury Bills and Notes or other
financial instruments which are owned in whole or in part by th
e applicant: The m ost recent statement which
verifies the value of the assets and current dividends (if any). If these are not available, a notarized letter from a
Certified Public Accountant or attorney who has access to these records will be considered. Real Estate: If the
real estate is the current residence of the applicant, and if the applicant intends to sell the real estate, submit one of
the following: a certified appraisal, a contract with a real estate broker which sets forth the price of the property,
or a signed contract for the sale of the property. If there is a mortgage, a statement from the mortgage company or
bank which clearly in dicates the principal balance of the mortgage(s) must be submitted. If o ther real estate is
owned, i n whole or in part by t he applicant, and that parcel or parcel s of real estate generat e(s) income,
verification of income m ust be suppl ied. In addition, veri fication of m ortgage payments, propert y taxes and
insurance should be submitted. Business Income: Equals the sum of gross revenue less expenses (prior to taxes).
Important: Answer all questions. Please answer "none" in the sections which ask for information about income
that you do not have. Enter "n/a" if a question does not apply to you. If you have any questions, or are in need of
further information, please call us: (609) 786-1100, or contact us by e-mail at Info@ HousingQuest.com.
Federal law prohibits discriminate against any person making application to buy or rent a home with regard to age,
race, religion, national origin, sex, handicapped or familial status. State law prohibits discrimination on the basis
of race, creed, color, national origin, ancestry, nationality, marital or domestic partnership or civil union status,
familial status, sex, gender identity or expression, affectional or sexual orientation, disability, source of lawful
income or source of l awful rent pay ment (i ncluding S ection 8). The affordabl e housi ng m ust be the i ntended
primary residence of the applicant. All household members who intend to reside at the affordable home must be
listed in the application. If changes in household composition occur during the application process, the applicant
is required to notify Piazza & Associates,
Inc. immediately. Applications m ay be withdrawn if the household
compostion or srouces of i ncome changes after the submission of this application. Applications must be truthful,
complete and accurate. Any false statement makes the application null and void, and subjects the applicant to
penalties imposed by law. Income Verification: The affordable hom es are pr ovided as a service to low- and
moderate- income households. Occupancy is regulated by certain municipal and state statutes that require us t o
verify the income of every applicant. Your cooperation is appreciated.
Application services provided by Piazza & Associates, Inc., an affordable housing services corporation. This is an Equal
Housing Opportunity. All housing is subject to applicable affordable housing regulations and availability. The terms and
conditions of this affordable housing opportunity are subject to change without notice. We can not guarantee that an affordable
home will be available to you. All homes meet certain criteria for "affordable housing," but the sales prices and rental rates are
not adjusted to meet any specific household income or financial situation. Therefore, we can not and do not represent that these
homes will be affordable to any individual applicant.
PROPERTY / DEVELOPMENT NAME: __________________________________________
PROPERTY ADDRESS: ___________________________________ EXHIBIT C
NAME OF APPLICANT: ____________________________________________________
DO NOT FAX. WE CAN NOT ACCEPT A FACSIMILE OF YOUR FINAL APPLICATION! DO NOT FAX.
AFFORDABLE HOUSING APPLICATION
Read this application carefully and return it with the required documentation.
We reserve the right to disqualify applicants who do not submit ALL of the
documentation requested in this application packet. Please complete, sign and
return this application AND the required documentation to:
Piazza & Associates, Inc., 216 Rockingham Row, Princeton, NJ 08540.
PLEASE CALL US IF YOU NEED CLARIFICATION OR FURTHER INSTRUCTIONS: (609) 786-1100.
A. Head of Household Information (Please verify the information below and make corrections if necessary.)
B. Household Composition (Every person who will occupy the affordable home must be listed.)
#6
#5
#4
#3
#2
#1
Social Security Number
Sex
Date of Birth
Relation To
Name (First and Last)
C. Current Situation
D. References
If you rent, please check "Landlord" and list the name and address of your landlord below. If you own your home,
please check "Mortgage Co." and list the name and address of the mortgage company and account number below.
1.
Name of ___Landlord or ___Mortgage Co.: _________________________________________________
2.
Address: __________________________________________________________________________________
3.
City, State and Zip Code: _____________________________________________________________________
4.
Telephone Number: _______________________________ 5. Mortgage Account No.: ____________________
If you own your home, please attach documentation verifying the value of the home and mortgage principal
amount.
Application for Affordable Housing
Page 2
1.
Last Name:
___________________________
2.
First Name:
__________________________
3.
Home Address:
___________________________
4.
City/State/ Zip:
___________________________
5. Soc. Sec. No: _________________________
6. Home Phone: _________________________
7. Work Phone:__________________________
8. County:
__________________________
9: Email:
1. Do you currently: ___ Rent ___ Own ___Other
2. How long at the address above? _________ Years
3. What was your previous address?
_____________________________________________
City: ________________________________________
State: ____ Zip Code: ___________________________
4. What is your monthly rent or mortgage payment?
$_________________
5. If you currently own your home, what is the value
of this home?
$_________________
6. What is the Principal Balance of your mortgage?
$_________________
E. Salary (Please list GROSS salary for every person over 18 years of age who will reside at the affordable home.
Attach the 4 most recent pay statements (stubs) to this application. Please include overtime in calculation.)
$
$
Name of Employee:
Name of Employer:
Immediate Supervisor:
Address:
Telephone:
$
$
Name of Employee:
Name of Employer:
Immediate Supervisor:
Address:
Telephone:
$
$
Name of Employee:
Name of Employer:
Immediate Supervisor:
Address:
Telephone:
Annual
Gross
Salary
Pay Period
(Bi-Weekly,
Weekly, etc.)
Gross Salary
per Pay
Period
Occupation
Name (First and Last)
Repeat Employee's Name if applicant has more than one
employer. Use additional pages for additional jobs.
F. Benefits Income: Social Security, Pension, Disability, Welfare, Public Assist., IRA's, Annuities, Child Support,
Alimony, Retirement, etc. (Include all sources which currently provide direct income. Provide documentation.)
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Gross Annual
Benefit
Gross Monthly
Benefit
Client / Account
Number
Source (Specify name of Bank,
Fund, Agency, etc.)
Type of Income
(From List Above)
Application for Affordable Housing
Page 3
G. Assets: Financial Institutions (Checking Account, Savings Accounts, Certificates of Deposit, Money Market
Funds, Mutual Funds or other assets held by financial institutions. Provide documentation. Refer to Instructions.)
$
%
$
$
%
$
$
%
$
$
%
$
$
%
$
$
%
$
$
%
$
Annual
Income
Interest
Rate
Current
Market Value
of Asset
Account Number
Financial Institution
Type of Asset
or Account
H. Assets: Directly Held (Stocks, Bonds, Income-Producing Real Estate, Business or other directly held assets.
Provide documentation. To determine the Annual Income from Real Estate or Business, refer to the Instructions.)
$
$
$
$
$
$
$
$
$
$
$
$
Annual
Income
Current
Market Value
Number of Shares
Name of Asset
Type of Asset
I. Marital Status: ___Married; ___Single; ___Divorced; ___Widowed; ___Legally Separated
J. Additional Information (Please include any information which will assist us in serving you such as special needs,
accessibility requirements, etc.) ____________________________________________________________________
Application for Affordable Housing
Page 4
Applicant's Certification and Authorization:
The undersigned hereby states that all the information provided in
connection with this Affordable Housing Application is true and complete. I/We am/are aware that, if any statements
made by me/us are willingly false, the application is null and void, and I/we may be subject to penalties imposed by
law. Piazza & Associates, Inc. or its agents are hereby authorized to contact references to verify the information
provided in these applications, and to make other inquiries regarding income, assets, credit status, employment, and
residency history for the purpose of determining my/our eligibility for this affordable housing program. Further, I/we
understand that there is no obligation at this time on my/our part to enter into a sales or rental agreement if the
application is approved. Void if not signed by all Applicants 18 years of age and over.
Signed: _____________________________________ Signed: ____________________________________
&
DOCUMENT CHECKLIST
Rev. 09/06/12
IMPORTANT
If you answer yes, you must submit
Applicant/Tenant Name:
a COPY of all of the required documents!
Yes
No
Check "Yes" if the answer applies to one or more applicants.
Place check mark if enclosed!
Letter
I am entitled to file a tax return………………………………..
3 most recent federal & st. tax returns
… with all attachments (w-2 forms, etc.)
I am currently a student - (please circle below):…………………..
Current transcript or letter from school
(a) Full Time
(b) Part Time
I am presently employed and receive wages/tips/commissions.. 4 most recent pay statements…
I am presently employed at more than one job (NOT self employed)
...for every job held by everyone over 17.
I am self employed………………………………………………….
Schedule "C" and tax returns
I own a business…………………………………………………….
Current Profit and Loss statements
I currently am on leave of absence from work…………………….
Letter from employer to verify status
I currently receive unemployment benefits………………………..
6 most recent statements from agency
I have a savings account…………………………………………..
3 most recent statements from each acct
I have a checking account………………………………………….
6 most recent statements from each acct
I have a money market account……………………………………
3 most recent statements from each acct
I own a certificate of deposit (CD)………………………………..
3 most recent statements from each acct
I own stocks/bonds. (NOT held in a retirement plan)…………….
3 most recent statements from each acct
I own real estate or I am in the process of selling real estate……
Market value and mortgage statements
I have sold or gifted property or other assets in the past 2 years
What was sold, the value and sale price
I have an IRA. (NOT yet receiving income)……………………….
3 most recent statements from each acct
I have a pension plan at work (NOT yet receiving income)……..
3 most recent statements from each acct
I receive Social Security Income………………………………….
Most recent benefit letter from SS Admin
I receive income from a pension/annuity/retirement fund………..
3 most recent statements from each acct
I receive money periodically from my family, church, friends, etc.
Letter detailing the amount & frequency
I am entitled to receive child support……………………………..
3 most recent statements from source
I am currently paying child support…………………………..
Proof of last 6 payments
I am entitled to receive alimony……………………………………
3 most recent statements from source
I am currently paying alimony………………………………….
Proof of last 6 payments
I receive AFDC/TANF……………………………………………..
Most recent benefits letter
I receive assistance from a Public Housing Authority……………
Most recent benefits letter
I receive Supplemental Social Security (SSI)…………………….
Most recent benefits letter
I receive Workman's Compensation………………………………
3 most recent statements from source
I have a Trust Fund………………………………………………….
3 most recent statements from source
Valid form of ID for every household member is required!
birth cert., driver's license or passport
Date Signature
Date
Date Signature
Date
Signature
Signature
Mortgage prequalification letter (REQUIRED)
This questionnaire must be filled out and signed by all applicants over the age of 17.
APPLICANT QUESTIONNAIRE
Applicant/Tenant: Please check "yes" or "no" for each line
ATTENTION: DO NOT SUBMIT ORIGINALS! Documents cannot be returned.
EXHIBIT D
EXHIBIT E
Process for Selling an Affordable Home
Our organization coordinates certain aspects of the sales process for affordable homes on
behalf of your municipality. We are not real estate agents, however, and recommend that
Sellers use of a qualified real estate professional. Information regarding real estate agents
who have expressed interest in providing such services can be found on our web site:
www.HousingQuest.com, under “News and Information.” The process is outlined below.
1. The Seller submits a Preliminary Notice with a copy of their recorded deed in
order to determine the maximum resale price
2. We will respond to the Seller in writing, explaining some of the details of the
process and informing the Seller of the Maximum Sales Price (based on the
change in median income as set forth by the New Jersey Dept. of Community
Affairs) as well as the Maximum Income allowed for potential purchasers, as
adjusted for family size. A form, entitled, “Notice of Intent to Sell”, is attached.
3. We will also send a “Notice of Availability” to households on our waiting list for
an affordable home of the same size and income category. We will include about
20 copies of Preliminary Applications, specifically marked with the address of the
affordable home at the top, to the Seller. The Notice will ask interested
households to contact the Seller or their agent, directly, to make an appointment
to see the affordable home within a two-week time frame. The Seller may want to
prepare a flyer for us to distribute with our notice of availability. We reserve the
right to limit the number of notices that are mailed, based on the chronological
order in which the prequalified applications were received. If the notices are
limited in this way, applicants receiving notices will have a priority over those
who do not.
4. With permission of the Seller, we automatically place a notification of the
availability on NJHRC.gov and on HousingQuest.com. The Seller or their agent
may also want to advertise. Ads should include the “Equal Housing Opportunity”
logo and should be sent to our office for review prior to distribution.
5. The Seller or their agent, upon showing the home, provides potential buyers with
a copy of the Preliminary Application (which may be duplicated if necessary).
All interested parties must receive a specially marked Preliminary Application,
whether or not they have already submitted an application to our office or are on
our waiting list. Also, the Seller or their agent must keep a record of the name,
address and telephone number of everyone who viewed the home.
6. At the end of the two-week time period, our office collects all of the Preliminary
Applications submitted for a particular home. They are prioritized on the basis of
a blind selection process or lottery. Preference may be given to households that
can utilize all of the bedrooms, as well as handicap accommodations, when
applicable.
7. The first two applicants on the prioritized list are sent a letter which requires them
to complete a final application within seven days.
2
8. When an applicant is approved, the Seller may begin to negotiate a contract with
the potential Buyer at this time, but there must be a contingency clause in the
contract which voids the contract, without penalty to the buyer, if the potential
buyer is not able to obtain financing within 30 days.
9. The remaining applicants are maintained on the waiting list for this home or other
homes in the same size and income categories. In the event that the potential
buyer is not able and/or willing to purchase the affordable home, the next
applicant on the prioritized list is notified pursuant to the process described above.
10. The Seller must sell the affordable home with the same or comparable appliances
and amenities that were in the home when it was first sold as an affordable home.
11. The Seller may NOT charge more than the Maximum Selling Price for any
reason, except the addition of a room, the installation of central air conditioning
(where there was none before) or comparable upgrade, but ONLY with prior
written approval from us. For the most part, condominiums in this program are
NOT eligible for such upgrades and/or adjustments to the selling price. The cost
of broker fees; municipal inspections and required repairs that may be necessary
to receive a Certificate of Occupancy; new appliances, carpeting or other flooring
upgrades; and decorating and remodeling projects are NOT eligible costs for an
increase in the Maximum Sales Price.
12. A copy of the Sales Contract must be submitted to our office prior to closing.
13. During the final stages of the process, it will be necessary for the Buyer to make
arrangement for the Affordable Housing Agreement and Mortgage Note to be
satisfied with respect to the Seller and new documents filed with respect to the
Buyer. Our office typically provides the Buyer’s attorney with the name and
phone number of the attorney who can address these issues.
14. A copy of the HUD Closing Statement must be submitted to our office after the
sale of the home.
15. Note: We do not guarantee that the Buyer can sell an affordable home for the
Maximum Sales Price. An affordable home is also susceptible to market
conditions, and the Fair Market Value of an affordable home may be lower than
the Maximum Selling Price. In this case, the Seller may not be able to sell the
home for more than its Fair Market Value
16. This outline is meant to describe the process utilized prior to the expiration of the
deed restrictions. It is not meant to be a legal representation of the rights or
responsibilities of any party, nor is it meant to modify the Affordable Housing
Agreement, Mortgage Note or other Deed Restrictions. Buyers and Sellers are
encouraged to seek legal counsel for specific questions in this regard.
17. Our office is available to both the Seller and the Buyer throughout the process to
answer any questions that they may have.
i
Township of East Hanover
Affordable Housing Services
Operating Manual
RENTAL PROGRAM
Piazza & Associates, Inc. 216 Rockingham Row Princeton, NJ 08540
T.609.786.1100 F.609-786-1105 www.HousingQuest.com
© 2019 All rights reserved. No part of this publication, except Federal or State housing agency
forms, may be reproduced in any manor without the prior written consent of Frank Piazza or Piazza
& Associates, Inc.
ii
Table of Contents
INTRODUCTION ........................................................................................................................................ 1
FAIR HOUSING AND EQUAL HOUSING OPPORTUNITIES ................................................................ 1
WHAT IS AFFORDABLE HOUSING? ...................................................................................................... 2
WHO QUALIFIES FOR AFFORDABLE HOUSING? .............................................................................. 2
LOCAL AFFORDABLE HOUSING PROGRAMS FOR RENT ................................................................. 2
OTHER AFFORDABLE HOUSING PROGRAMS AND OPPORTUNITIES ............................................ 2
OVERVIEW OF THE AFFORDABLE HOUSING ADMINISTRATION PROCESS FOR NEW RENTALS
AND RE-RENTALS .................................................................................................................................... 3
ROLES AND RESPONSIBILITIES ........................................................................................................... 5
Responsibilities of the Municipal Housing Liaison or MHL...................................................................... 5
Responsibilities of an Administrative Agent .............................................................................................. 6
Responsibilities of the Municipal Attorney ................................................................................................ 8
Responsibilities of Developers ................................................................................................................... 8
Responsibilities of Owners of Rental Developments ................................................................................ 8
Responsibilities of Landlords and Property Managers ............................................................................ 9
AFFIRMATIVE MARKETING ................................................................................................................. 9
Overview of the Requirements of an Affirmative Marketing Plan ............................................................. 9
Implementation of the Affirmative Marketing Plan ................................................................................. 10
Developer, Affordable Housing Sponsor ................................................................................................. 11
MATCHING HOUSEHOLDS TO AVAILABLE UNITS ...................................................................... 12
APPLICATION FEES ............................................................................................................................... 12
HOUSEHOLD CERTIFICATION ........................................................................................................... 12
Household Composition and Circumstances ........................................................................................... 13
Procedure for Income-Eligibility Certification ........................................................................................ 13
The Real Estate Asset Limit ..................................................................................................................... 16
Income from Real Estate .......................................................................................................................... 17
Minimum Income ..................................................................................................................................... 17
Housing Counseling ................................................................................................................................. 17
Approving or Rejecting a Household ....................................................................................................... 18
Dismissal of Applications ........................................................................................................................ 18
Appeals .................................................................................................................................................... 20
DETERMINING AFFORDABLE RENTS .............................................................................................. 20
Development Considerations and Compliance Issues ........................................................................... 20
Additional Regulations for a Rental Development ................................................................................ 21
Determining Rent Increases ................................................................................................................... 22
VIOLATIONS, DEFAULTS AND REMEDIES ...................................................................................... 22
iii
MAINTENANCE OF RECORDS AND APPLICANT FILES .............................................................. 22
Files to Be Maintained on Every Applicant ............................................................................................. 22
Files to Be Maintained on Every Unit ..................................................................................................... 23
Files to Be Maintained on Every Project ................................................................................................. 23
Files to Be Maintained on The Applicant Pool ........................................................................................ 23
Monitoring ............................................................................................................................................... 24
EXHIBITS
A.
Equal Housing Opportunity Posters
B.
Annual Regional Income Limits Chart
C.
Application for Affordable Housing
D.
Applicant Questionnaire and Document Checklist
1
INTRODUCTION
This Operating Manual has been prepared by Piazza & Associates, Inc., the
Administrative Agent for the Township of East Hanover, to assist in the administration of
rental units. General questions regarding its content can be addressed to Piazza &
Associates, Inc. 216 Rockingham Row, Princeton, NJ 08540; by telephone to 609-786-
1100; or by email at info@HousingQuest.com.
This manual describes the basic content and operation of the program, examines program
purposes and provides the guidelines for implementing the program. It has been prepared
with a flexible format allowing for periodic updates of its sections, when required, due to
revisions in regulations and/or procedures.
This manual explains the steps in the rental process. It describes the eligibility
requirements for participation in the program, record keeping and overall program
administration.
Implementation of any procedure, even if it is not included in this Operating Manual,
shall be in accordance with the Federal Fair Housing Act and Equal Opportunities laws1,
the Uniform Housing Affordability Controls (UHAC) N.J.A.C. 5:80-26.1 et seq.2, the
substantive rules of the Council on Affordable Housing N.J.A.C. 5:963 and 5:974and the
affordable housing regulations of the Township of East Hanover (hereafter referred to as
the “Regulations”).
FAIR HOUSING AND EQUAL HOUSING OPPORTUNITIES
In accordance with the Federal Fair Housing Act, it is unlawful to
discriminate against any person making application to buy or rent a home
with regard to age, race, religion, national origin, sex, handicapped or
familial status. In addition, New Jersey Law prohibits discrimination in
housing on the basis of race, creed, color, national origin, ancestry, nationality, marital or
domestic partnership or civil union status, familial status, sex, gender identity or
expression, affectional or sexual orientation, disability, source of lawful income or source
of lawful rent payment (including Section 8) by all persons including real estate agents or
brokers, financial institutions, property owners, landlords, or building superintendents,
and their agents and employees with respect to the sale, rental or lease of real property,
listing or advertising of real property, receipt or transmittal of offers to purchase or rent
real property, application and terms of a mortgage or other loan. See Exhibit A.
1 https://www.hud.gov/program_offices/fair_housing_equal_opp/FHLaws
2 http://www.nj.gov/dca/affiliates/coah/regulations/uhac.html
3 http://www.nj.gov/dca/services/lps/hss/statsandregs/596.pdf
4 http://www.nj.gov/dca/services/lps/hss/statsandregs/597.pdf
2
WHAT IS AFFORDABLE HOUSING?
Affordable housing, unlike market rate housing, has affordability controls limiting the
price for at least 30 years. The Regulations considers housing “affordable” if the
household pays approximately 28% or less of the household’s gross income on housing
costs. Affordable housing is priced to be affordable to households earning up to 80% of
the area median income for the region in which the affordable housing is located.
WHO QUALIFIES FOR AFFORDABLE HOUSING?
In order to be eligible for affordable housing in New Jersey, a household’s income will be
below the income limit for the region in which the affordable housing is located, either
for low or moderate levels. A moderate-income household is classified as earning
between 50 percent and 80 percent of the area median income. A low-income household
is classified as earning less than 50 percent of area median income. The New Jersey Fair
Housing Act (NJFHA) has included a new category for very low-income households,
which are classified as earning less than 30 percent of area median income.
Municipalities shall decide what projects will be required to help meet this obligation.
Existing rental projects have a minimum requirement for very low income apartments,
priced at 35% of the AMI; and new rental projects have an obligation to provide very
low-income units at 30% of the AMI to very low-income households.
The COAH (COAH shall mean COAH or its successors) Regional Income Limits Chart
(Exhibit B) provides information about income limits for each of COAH’s six housing
regions. Each region has different calculated median incomes, which are adjusted
periodically. The Township of East Hanover is located in Morris County, which is part
of Region 2, together with Essex, Union, and Warren Counties.
LOCAL AFFORDABLE HOUSING PROGRAMS FOR RENT
A copy of the Township of East Hanover Housing Element and Fair Share Plan is
available at the municipal building, located at 411 Ridgedale Avenue, East Hanover, NJ
07936.
OTHER AFFORDABLE HOUSING PROGRAMS AND OPPORTUNITIES
In addition to future affordable rental opportunities, the Township of East Hanover has
purchase opportunities. Please contact Piazza & Associates, Inc., for further information:
http://www.piazza-and-associates.com/afhousing.php?pa=EastHanover.
Affordable housing throughout the State of New Jersey is administered by a wide variety
of organizations and agencies. Further information can be found at
http://www.nj.gov/dca/affiliates/coah/resources/looking.html.
Individuals interested in applying for affordable housing should contact the Municipal
Housing Liaison in the municipality in which they are interested in living. Each
municipality has a Municipal Housing Liaison who is responsible for administering the
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municipality’s affordable housing program. Some municipalities administer their own
affordable housing and have their own application process. If not, the Municipal
Housing Liaison can direct applicants to developers, nonprofit agencies, State agencies or
consultants that may administer the affordable housing within the municipality. A list of
Municipal Housing Liaisons can be found at:
http://www.nj.gov/dca/divisions/lps/hss/admin_files/muniliaisons.pdf
The New Jersey Housing and Mortgage Finance Agency has established New Jersey’s
Housing Resource Center, an on-line, searchable database of affordable housing in the
State. The Housing Resource Center provides a listing posted by developers, landlords,
and municipalities of available affordable housing. Available units are listed with contact
and application information. Look for the Housing Resource Center at www.njhrc.gov.
The New Jersey Guide to Affordable Housing, which can be found at
http://www.state.nj.us/dca/divisions/codes/publications/guide.html, is a listing compiled
by the New Jersey Department of Community Affairs Division of Codes and Standards.
It lists all types of affordable housing by county. The housing units on the list have a
variety of qualification requirements, including age-restricted housing and housing for
the developmentally disabled. Applicants who do not have access to the Internet
should call 211 for assistance.
Piazza & Associates, Inc. also provides information on many affordable housing
programs throughout the state of New Jersey. Detailed information about these affordable
housing opportunities can be found at www.HousingQuest.com.
OVERVIEW OF THE AFFORDABLE HOUSING ADMINISTRATION
PROCESS FOR NEW RENTALS AND RE-RENTALS
The Municipal Housing Liaison serves as an initial point of contact for unsolicited
calls to the municipality about affordable housing and where appropriate directs
applicants to an Administrative Agent, who may be developers, nonprofit
agencies, State agencies or consultants that may administer the affordable housing
within the municipality.
The Administrative Agent implements the municipality’s Affirmative Marketing
Plan.
The Administrative Agent serves as the initial point of contact for all inquiries
generated by the affirmative marketing efforts and sends out pre-applications to
interested callers.
An initial deadline date, no less than 60 days after the start of the marketing
process, will be established. All of the preliminary applications received by the
Administrative Agents, on or before the initial deadline date, shall be deemed
received on that date.
Households that apply for very low-income housing will be prescreened by Piazza
& Associates for preliminary income eligibility by comparing their total income
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and household size to the very low-income limits pursuant to the New Jersey Fair
Housing Act, N.J.S.A. 52:27-D-304 (“NJFHA”). Households that apply for low
and moderate-income housing will be prescreened by Piazza & Associates for
preliminary income eligibility by comparing their total income and household size
to the low and moderate-income limits pursuant to the Uniform Housing
Affordability Controls, 5:80-26.1 et seq. (“UHAC”). All households will be
notified as to their preliminary status.
A drawing will be held under the direction of the Administrative Agent to
determine the priority order of the pre-qualified applications received on or before
the initial deadline date. All preliminary applications received after the initial
deadline, will be processed on a "first come, first served" basis after the applicants
who were in the initial random selection.
In order to ensure an adequate supply of qualified applicants, the advertising
phase will continue until there are at least ten (10) pre-qualified applicants for
each low and moderate-income unit available, or until all of the low and moderate
income units within the development have been sold.
When units become available, final applications will be mailed by the
Administrative Agent to an adequate number of pre-qualified applicants, in
priority order, for each available low and moderate-income unit. The final
application will require the applicants to supply documents to verify their identity
and household composition as well as their income and assets.
Completed final applications will be forwarded to the Administrative Agent, who
will make a determination as to their eligibility for a low or moderate-income
unit. Applicants will receive a letter from the Administrative Agent with respect
to the status of their application each time a review is performed.
When submitting final applications, applicants will also be asked to make an
appointment to visit the leasing office.
Rental applicants will be subject to the Tenant Selection Criteria set forth by the
Landlord.
Certified applicants will be given a pre-determined amount of time to sign a lease
with the landlord or developer
When a unit becomes available, the Administrative Agent will proceed with the
income qualification process.
For rental units, the Administrative Agent will provide certifications that must be
signed and notarized by the applicant.
The certified household moves into the affordable rental unit.
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ROLES AND RESPONSIBILITIES
Responsibilities of the Municipal Housing Liaison or MHL
The Municipal Housing Liaison is responsible for coordinating all the activities of the
municipal government as it relates to the creation and administration of affordable
housing units, in conjunction with the Municipal Attorney, where appropriate (see
Responsibilities of the Municipal Attorney). The primary purpose of the MHL to
ensure that all affordable housing projects are established and administered according to
the Regulations as outlined in an Operating Manual. The duties of the MHL include the
following duties, and may include the responsibilities for providing administrative
services as described in the next Section under, Responsibilities of an Administrative
Agent.
Monitor the status of all restricted units in the municipality’s Fair Share Plan.
Regardless of any arrangements the municipality may have with one or more
Administrative Agents, it is the Municipal Housing Liaison’s responsibility to know the
status of all restricted units in their community.
Serve as the municipality’s primary point of contact for all inquiries from the State,
Administrative Agents, developers, affordable housing sponsors, owners, property
managers, and interested households. The MHL serves as the municipality’s primary
point of contact on affordable housing issues. Interested applicants should be provided
with information on the types of affordable units within the municipality and, where
applicable, the name of the Administrative Agent that manages the units and the contact
information for the Administrative Agent.
Compile, verify and submit annual reporting. Administrative Agents are responsible
for collecting much of the data that is ultimately included in an annual monitoring report.
However, it is the Municipal Housing Liaison’s responsibility to collect and verify this
data and consolidate it into the annual report. Any requests For additional information or
corrections will be directed to the MHL.
Coordinate meetings with Administrative Agents and Developers/Affordable
Housing Sponsors/Owners. When a new affordable unit or series of units is in the
planning process, the MHL should coordinate a meeting between the Administrative
Agent and the developer, affordable housing sponsor or owner. The developer, affordable
housing sponsor or owner may serve as their own Administrative Agent, if they meet the
applicable requirements and are approved by the municipality. The purpose of this initial
meeting is to develop a clear division of labor between the parties and to transmit any
components of the Operating Manual – including copies of all COAH-related local
ordinances -- that have already been adopted by the municipality.
It is the responsibility of the Municipal Housing Liaison, in conjunction with the
Municipal Attorney, to have the affordable housing provisions of any Master Deed and
Public Offering reviewed for consistency with the UHAC regulations, before they are
recorded and submitted to DCA for approval.
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Provide Administrative Services, unless those services are contracted out. The
responsibilities for providing administrative services are described in the next Section
under, Responsibilities of an Administrative Agent.
Responsibilities of an Administrative Agent
The primary responsibility of an Administrative Agent is to establish and enforce
affordability controls and ensure that units in the Administrative Agent’s portfolio are
sold to eligible households. Administrative Agents will:
Secure written acknowledgement from all developers, affordable housing sponsors
and owners that no restricted unit can be offered or in any other way committed to
any person other than a household duly certified by the Administrative Agent.
Create and adhere to an Operating Manual. All Administrative Agents are required to
follow the policies and procedures of an Operating Manual, as applicable to the scope of
services they have been contracted to perform.
Implement the municipality’s Affirmative Marketing Plan. The Administrative
Agent, the developer, affordable housing sponsor or owner could be responsible for
implementing the Affirmative Marketing Plan adopted by the municipality. At the first
meeting with the Municipal Housing Liaison, Administrative Agent and the developer,
affordable housing sponsor or owner, this responsibility should be discussed.
Affirmative marketing includes conducting regional outreach and advertising for
available affordable units. Advertising costs are the responsibility of the developer or
current owner.
Accept applications from interested households. In response to marketing initiatives or
by referral from the Municipal Housing Liaison, interested households will contact the
Administrative Agent. The Administrative Agent will supply applicants with
applications, provide additional information on available units and accept completed
applications.
Conduct random selection of applicants for rental of restricted units. The
Administrative Agent is responsible for conducting the random selection in accordance
with the Affirmative Marketing Plan and any related local ordinances, and as described in
the Operating Manual.
Create and maintain a pool of applicant households. This includes reaching out to
households in the applicant pool to determine continued interest and/or changes in
household size and income.
Determine eligibility of households. The task of collecting application materials and
documentation from applicant households and analyzing it for eligibility is the
responsibility of an Administrative Agent. A written determination on a household’s
eligibility will be provided within twenty (20) days of the Administrative Agent’s
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determination of eligibility or non-eligibility. Whether or not the household is determined
to be eligible for a unit, it is an Administrative Agent’s responsibility to secure all
information provided by the household in individual files and to maintain strict
confidentiality of all information regarding that household. An Administrative Agent is
required to ensure that all certified applicants execute a Disclosure Statement
acknowledging the rights and requirements of owning an affordable unit, in the form of
Appendix K of UHAC.
Establish and maintain effective communication with property managers and
landlords. Property managers and landlords of restricted units should be instructed and
regularly reminded that the Administrative Agent is their primary point of contact. The
Administrative Agent must immediately inform all property managers and landlords of
any changes to the Administrative Agent’s contact information or business hours.
Property managers and landlords should be instructed to immediately contact the
Administrative Agent:
Immediately upon learning that an affordable rental unit will be vacated.
For review and approval of annual rental increases.
Provide annual notification of maximum rents. Each year when COAH releases its
low- and moderate-income limits, rental households must be notified of the new
maximum rent that may be charged for their unit. The Administrative Agent’s contact
information must be included on such notification in case the tenant is being overcharged.
Serve as the custodian of all legal documents. An Administrative Agent is responsible
for maintaining originals of all legal instruments for the units in their portfolio.
Throughout the duration of a control period, an Administrative Agent must maintain a
file containing its affordability control documents. This includes, but is not limited to, the
recorded Declarations of Covenants, Conditions and Restrictions, Deed Restrictions,
Deeds, Recapture Mortgages, Recapture Mortgage Notes and Appendix J and K.
Serve as point of contact on all matters relating to affordability controls. It is
recommended that the Administrative Agent develop a system to be notified by lenders
when a unit is at risk of foreclosure. In the event of a foreclosure, the Administrative
Agent should work with the foreclosing institution to ensure that the affordability
controls are maintained. The Administrative Agent should seek the counsel of the
municipality’s attorney on legal matters that threaten the durability of the affordability
controls.
Provide annual activity reports to Municipal Housing Liaison for use in the annual
monitoring report. An Administrative Agent is responsible for collecting the reporting
data on each unit in the Administrative Agent’s portfolio.
Maintain and distribute information on HUD-approved Housing Counseling
Programs.
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Responsibilities of the Municipal Attorney
The Municipal Attorney assists the municipality with developing, administrating, and
enforcing affordability controls, including but not limited to:
Assisting the Municipal Housing Liaison with the review of the affordable
housing provisions of any Master Deed and Public Offering for consistency with
COAH and UHAC regulations, before they are recorded and submitted to DCA
for approval.
Providing all reasonable and necessary assistance in support of the Administrative
Agent’s efforts to ensure compliance with the housing affordability controls,
including reviewing legal documents and legal actions required on foreclosures
and violations.
Responsibilities of Developers
When a new affordable unit or series of units is in the planning process, the developer of
affordable housing should contact the Municipal Housing Liaison, who shall coordinate a
meeting with the Administrative Agent, where applicable, and the developer, affordable
housing sponsor or owner.
The purpose of this initial meeting is to develop a clear division of labor between the
parties and to transmit any components of the Operating Manual – including copies of all
affordable-related local ordinances -- that have already been adopted by the municipality.
If provided for by ordinance and made a condition of the approval of the planning board
or zoning board of adjustment, the developer may be responsible for the costs of
advertising affordable units.
The Administrative Agent will secure from the developer written acknowledgement that
no restricted unit can be offered or in any other way committed to any person other than a
household duly certified by the Administrative Agent.
Responsibilities of Owners of Rental Developments
Open and direct communication between the Owners of rental developments, the
Municipal Housing Liaison and the Administrative Agent is essential to ongoing
administration of affordability controls. Although the Administrative Agent is required to
serve as the primary point of contact with households, the Owner must provide the
Municipal Housing Liaison and Administrative Agent with information on vacancies.
Owners of rental developments are also responsible for working with the Administrative
Agent to ensure that the Municipal Housing Liaison has all necessary information to
complete the annual reporting.
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Responsibilities of Landlords and Property Managers
Landlords and property managers must place a notice in all rental properties annually
informing residents of the rent increase for the year and the contact information for the
Administrative Agent.
AFFIRMATIVE MARKETING
Overview of the Requirements of an Affirmative Marketing Plan
All affordable units are required to be affirmatively marketed using the Township of East
Hanover’s Affirmative Marketing Plan. An Affirmative Marketing Plan is a regional
marketing strategy designed to attract households of all majority and minority groups,
regardless of race, creed, color, national origin, ancestry, marital or familial status,
gender, affectional or sexual orientation, disability, age, or number of children to housing
units which are being marketed by an Administrative Agent or a developer, sponsor,
owner or property manager of affordable housing. The primary objectives of an
Affirmative Marketing Plan are to target households who are least likely to apply for
affordable housing, and to target households throughout the entire housing region in
which the units are located.
Every Affirmative Marketing Plan will include all of the following:
Publication of at least one advertisement in a newspaper of general circulation
within the housing region; and
At least one additional regional marketing strategy such as a neighborhood
newspaper, religious publication, organizational newsletter, advertisement(s) with
major employer(s), or notification through community and regional organizations
such as non-profit, religious and civic organizations.
For each affordable housing opportunity within the municipality, the Affirmative
Marketing Plan will include the following information:
The address of the project and development name, if any
The number of units, including number of affordable rental units
The rental rates of the rental units
The name and contact information of the Municipal Housing Liaison,
Administrative Agent or property manager
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A description of the Random Selection method that will be used to select
applicants for affordable housing.
Disclosure of required application fees, if any.
Advertisements will contain the following information for each affordable housing
opportunity:
The location of the units
A range of rents for the housing units
The bedroom size(s) of the units
The maximum income permitted to qualify for the housing units
The locations of applications for the housing units
The business hours when interested households may obtain an application for a
housing unit
Application fees, if any
Implementation of the Affirmative Marketing Plan
The affirmative marketing process for new affordable units shall begin at least four
months prior to expected occupancy. In implementing the marketing program, the
Administrative Agent shall undertake all of the strategies outlined in the Township of
East Hanover Affirmative Marketing Plan. Advertising and outreach shall take place
during the first week of the marketing program and each month thereafter until all the
units have been sold. Applications for affordable housing shall be available in several
locations in accordance with the Affirmative Marketing Plan. The time period when
applications will be accepted will be posted with the applications. Applications shall be
mailed to prospective applicants upon request.
An applicant pool will be maintained by the Administrative Agent for re-rentals.
When a re-rental affordable unit becomes available, the applicants will be selected from
the applicant pool and, if necessary, the unit will be affirmatively marketed as described,
above
The selection of applicants from the applicant pool is described in more detail in this
manual under Random Selection & Applicant Pool(s).
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Developer, Affordable Housing Sponsor
If permitted by the municipality, the developer or affordable housing sponsor may be
responsible for advertising the affordable housing in accordance with the municipality’s
adopted Affirmative Marketing Plan. Prior to publication or broadcast, draft copies of
the marketing material will be submitted to the Administrative Agent for approval. Proof
of publication will be submitted, including a copy of the final advertisements with a copy
of the paid bill. Public Service Announcements shall be submitted by the Administrative
Agent.
RANDOM SELECTION & APPLICANT POOL(S)
Applicants are selected at random before income-eligibility is determined, regardless of
household size or desired number of bedrooms. The process is as follows:
After advertising is implemented, applications are accepted for 60 days. The applications
are prescreened for eligibility. Applicants that are deemed, at this stage, to be ineligible
are sent a notice and given an opportunity to clarify or correct any information. This will
be done in writing.
Prescreened applications are entered into a data base and sorted by the unit size and
affordability type that is appropriate. Applicants are sent letters as to their eligibility
during this preliminary application stage.
Prior to the randomized selection, a list of applicants will be sent to the Municipal
Housing Liaison (MHL) in the order to which the random numbers will be applied. This
list should be maintained in the file so that the MHL can verify the establishment of the
order of the list in advance of the random selection.
At the end of the 60-day period, the Administrative Agent arranges a time and date for
the random selection process to take place. The MHL and a representative of the
developer are invited and encouraged to attend. An announcement of the time and date is
made by way of an email blast to those applicants who voluntarily sign up for this service
through www.HousingQuest.com.
It is important to note that applicants need not be present at the random selection, and that
there is no advantage given those applicants who do attend.
At the random selection, a website is used to generate a random list of numbers. The
numbers are applied to the list in the order that was prearranged. A copy of the random
numbers and the final list are sent to the MHL for verification and file.
All applicants are assigned a random number. A random number does not guarantee that
the applicant will be deemed eligible. Applicants who submit more than one application
and receive more than one priority number will forfeit the lower number with the highest
priority.
12
When units become available, final applications are sent in the prioritized order as
specified previously. The Administrative Agent can keep the applicant pool open after
the initial lottery and add names to the existing list based on time and date of submission.
On-going marketing is done primarily through www.HousingQuest.com.
If there are sufficient names remaining in the pool to fill future re-rental, the applicant
pool shall be closed.
When the applicant pool is close to being depleted, the Administrative Agent will re-open
the pool and conduct a new random selection process after fulfilling the affirmative
marketing requirements. The new applicant pool will be added to the remaining list of
applicants.
For future re-rentals only, the Administrative Agent can keep the applicant pool open
after the initial lottery and add names to the existing list based on time and date of
submission. On-going marketing is done primarily through www.HousingQuest.com.
MATCHING HOUSEHOLDS TO AVAILABLE UNITS
In referring certified households to specific restricted units, to the extent feasible, and
without causing an undue delay in occupying the unit, the Administrative Agent shall
strive to implement the following policies:
Provide an occupant for each unit bedroom;
Prevent more than two persons from occupying a single bedroom; and
Require that all the bedrooms be used as bedrooms.
A household is placed only on one unit list for eligibility. A household may chose to
change the unit type for which they are eligible within the scope of the program.
APPLICATION FEES
The Administrative Agent does not charge a fee to applicants.
HOUSEHOLD CERTIFICATION
Before any household can purchase a restricted unit, the Administrative Agent will
certify the household as eligible. Certification of a household involves the verification of
two critical pieces of data: 1) Household size and composition, including gender; and 2)
The total income and assets for all household members 18 years of age or older. The
certification process begins with the applicant completing an application in its entirety
and providing the required backup documentation. Once eligibility documents and data
have been collected, the Administrative Agent can begin the process of calculating the
household’s income.
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Household Composition and Circumstances
Generally, a Household is defined as everyone who intends to reside in the affordable
unit. Temporarily absent members of a household will be counted in very limited
circumstances, such as a member of the military in active duty. Unborn children and
children in the process of being adopted shall be counted as members of the household.
The following are generally excluded from the household for the purposes of income
qualifying, but may be considered by the Administrative Agent for the purposes of
determining the size of the unit: live-in aid, foster children and children who live in the
household with less than 50% joint physical custody.
The following are various records for documenting household information:
Social Security records or cards. Either individual Social Security card or letter
from Social Security Administration
Adoption papers, or legal documents showing adoption in process
Income Tax Return
Driver’s License
Birth Certificate or Passport
Alien Registration Card
Divorce Decree and Settlement Agreement
Adoption Agency / Legal Correspondence and/or Certification
Correspondence / Certification from Foster Care Services
Doctor’s Authorization for Live-in Aid.
The Administrative Agent always reserves the right to require any other such
documentation that, in its sole discretion, it deems necessary to verify
composition.
Procedure for Income-Eligibility Certification
To calculate income, the current gross income of the applicant is used to project that
income over the next 12 months. Applicants may NOT change or modify their situation
relative to their income once they have submitted a Final Application.
Through the submission of the Final Application, the Administrative Agent shall require
each member of an applicant household who is 18 years of age or older to provide
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documentation to verify their income. The application and a schedule of required
documentation can be found in the Appendix. Generally the documentation required is as
follows:
Four current consecutive pay stubs, including bonuses, overtime or tips, or a
signed and dated letter from the employer stating the present annual income figure
or if self-employed, a current Certified Profit & Loss Statement and Balance
Sheet.
Copies of Federal and State income tax returns for each of the preceding three tax
years - A Form 1040 Tax Summary for the past three tax years can be requested
from the local Internal Revenue Service Center or by calling 1-800-829-1040.
A letter or appropriate reporting form verifying current monthly benefits such as
o Social Security or SSI – Award letter or computer print out letter
o Unemployment – verification of Unemployment Benefits
o Welfare -TANF5 current award letter
o Disability - Worker’s compensation letter
o Pension income – a pension letter.
A letter or appropriate reporting form verifying any other sources of income
claimed by the applicant, such as alimony, child support and education stipends.
Current reports of savings and checking accounts (bank statements and
passbooks) and income reports from banks or other financial institutions holding
or managing trust funds, money market accounts, certificates of deposit, stocks or
bonds.
Evidence or reports of income from directly held assets, such as real estate or
businesses.
Interest in a corporation or partnership – Federal tax returns for each of the
preceding three tax years.
Current reports of assets – Market Value Appraisal or a contract with a real estate
broker which sets forth the price of the property and Bank/Mortgage Co.
Statement indicating Current Mortgage Balance. For rental property, attach copies
of all leases.
5 TANF – Temporary Assistance for Needy Families
15
The Administrative Agent always reserves the right to require any other such
documentation that, in its sole discretion, it deems necessary to verify household
income.
The following is a list of various types of wages, payments, rebates and credits. Those
that are considered as part of the household’s income are listed under Income. Those that
are not considered as part of the household’s income are listed under Not Income.
Income
1. Wages, salaries, tips, commissions
2. Alimony
3. Regularly scheduled overtime
4. Pensions and regular distributions from retirement accounts
5. Social security benefits
6. Unemployment compensation (annualized)
7. TANF
8. Verified regular child support
9. Disability benefits
10. Net income from business or real estate
11. Actual interest income from assets such as savings, certificates of deposit, money market
accounts, mutual funds, stocks, bonds
12. Imputed interest (using a current average annual rate of two percent) from non-income
producing assets, such as checking accounts, cash on hand, and equity in non-income
producing real estate.
13. Non-tuition stipends for living expenses for students
14. Non-Governmental financial support
15. Any other forms of regular income reported to the Internal Revenue Service
16. Regular financial support from any source.
Not Income
1. Rebates or credits received under low-income energy assistance programs
2. Food stamps
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3. Payments received for foster care
4. Relocation assistance benefits
5. Income of live-in attendants
6. Scholarships
7. Student loans
8. Personal property such as automobiles
9. Lump-sum additions to assets such as inheritances, lottery winnings, gifts, insurance
settlements
10. Part-time income of persons enrolled as full-time students
Deduction from Income
Court ordered payments for alimony or child support paid to another household shall be deducted
from gross annual income
Student Income
Only full-time income of full-time students is included in the income calculation. A full-
time student is a member of the household who is enrolled in a qualifying education
program for 12 credit hours or more per semester; and part-time income is income earned
on less than a 35-hour workweek. Full time income (35 hours or more) for full-time
students is always counted.
The Real Estate Asset Limit
Except for federal programs, if an applicant’s primary residence, which is to be sold upon
purchase of an affordable unit, has no mortgage debt and is valued at or above the
regional asset limit as published annually by COAH or their successor as part of the
Annual Regional Income Limits Chart, the household will be determined ineligible for
certification.
However, if the applicant’s existing monthly housing costs including taxes, homeowner
insurance, and condominium or homeowner association fees exceed 38 percent of the
household’s eligible monthly income, the household will be exempt from the asset limit.
An applicant will provide a recent, Market Value Appraisal, on the home they own unless
the applicant has mortgage debt on the home or can demonstrate that the existing monthly
housing costs exceed 38 percent of the household’s eligible monthly income, in which
case the applicant is exempt from the asset limit.
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Income from Real Estate
If real estate owned by an applicant for affordable housing is a rental property, the net
revenue is considered income. Specifically, rent from real estate is considered income,
after deduction of any mortgage payments, real estate taxes, property owner’s insurance
and reasonable property management expenses as reported to the Internal Revenue
Service. Other expenses are not deductible. If actual rent is less than fair market rent, the
administrative agent shall impute a fair market rent.
If an applicant owns real estate with mortgage debt, which is not to be used as rental
housing, the Administrative Agent should determine the imputed interest from the value
of the property. The Administrative Agent should deduct outstanding mortgage debt
from the documented market value established by a market value appraisal. Based on
current HUD Passbook Savings Rate, interest will be imputed on the determined value of
the real estate.
Minimum Income
The annual rent and utility allowance as determined by the Administrative Agent shall
not exceed 35% of the applicant’s gross annual income unless the applicants’ liquid
assets exceed 100 times the monthly rent.
Housing Counseling
The Administrative Agent will provide referrals for counseling, as a part of its services.
Although housing counseling is recommended, a household is only required to attend
counseling if their monthly housing expense exceeds UHAC standards. A HUD-
approved housing counseling agency, or a counseling agency approved by the NJ
Department of Banking and Insurance, meets UHAC’s requirements for an experienced
Housing Counseling Agency. This counseling to low- and moderate-income housing
applicants will focus on subjects such as budgeting, credit issues, and mortgage
qualification, and is free of charge. A list of non-profit counselors approved by HUD
and/or the New Jersey Department of Banking and Insurance is included on COAH’s
website and is available from the Administrative Agent.
In addition, the Administrative Agent will:
Confirm and update all information provided on the application.
Explain program requirements, procedures used to verify information, and
penalties for providing false information. Ask the head of household, co-head,
spouse and household members 18 years of age or older to sign the Authorization
for Release of Information forms and other verification requests.
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Review
the
applicant’s
identification
and
financial
information
and
documentation, ask any questions to clarify information on the application, and
obtain any additional information needed to verify the household’s income.
Seek to ensure, to a reasonable degree, that the applicant has reported all sources
for earned and benefit income and assets (including assets disposed of for less
than fair market value in the past two years). Require the applicant to give a
written certification as to whether any household member did or did not dispose
of any assets for less than fair market value during the past two years.
Approving or Rejecting a Household
Administrative Agents will notify applicant households of their eligibility within twenty
(20) days of the Administrative Agent’s determination.
Households with a verified total household income that exceeds 80 percent of the
regional income limit for the appropriate family size are ineligible for purchase or rental
of restricted units. A letter rejecting the household’s application shall be mailed to the
household.
Similarly, households with a verified total household income that is within the income
limits, but too low to afford any of the units administered by the Administrative Agent
shall be sent a letter rejecting the household’s application, and/or referring them to
housing counseling.
Households with a verified total household income of less than 80 percent shall be issued
a letter certifying eligibility. This certification is valid for 180 days. If the applicant does
not sign a Lease Agreement within that time frame, an extension may be granted once the
household’s eligibility is updated and verified.
Once the applicant is certified and matched to an available unit, the Administrative Agent
will secure from the applicant a signed and notarized acknowledgement of their
requirements and responsibilities in purchasing a restricted unit. UHAC’s Disclosure
Statement shall be forwarded to the applicants.
In addition to non-eligibility based on income, the Administrative Agent may deny a
certification because of the household’s failure or inability to document household
composition, income, assets, sufficient funds for down payment, or any other required
facts and information. A household may also be denied certification if the Administrative
Agent determines that there was a willful or material misstatement of fact made by the
applicant.
Dismissal of Applications
Applications can be dismissed for the following reasons:
1. The application is not signed or submitted on time;
19
2. The applicant's sources of income or household composition changes after the
submission of the final application, but before approval;
3. The applicant commits fraud, or the application is not truthful or complete;
4. The applicant cannot or does not provide documentation to verify their income or
other required information when due;
5. The household income does not meet the minimum or maximum income
requirements for a particular property;
6. The applicant owns an asset that exceeds the Asset Limits for COAH properties;
7. The applicant fails to respond to any inquiry in a timely manner;
8. The applicant had a greater chance than any other applicant submitted for a
random selection;
9. The applicant is non-cooperative or abusive with the our staff, property managers
or the sellers of affordable units;
10. The applicant changes address or other contact information without informing us
in writing;
11. The applicant is unable to obtain suitable and legitimate financing for a sale unit
or fails to verify attendance in a home buyer credit counseling program when
required to do so by the program rules;
12. The applicant does not respond to a periodic update inquiry in a timely fashion;
13. The applicant fails to sign the Compliance Certification, Certificate for Applicant;
Lease Documents, as may be required; or
14. The applicant, once approved, fails to sign a lease in a timely manner.
Applicants will also be withdrawn from all lists held by us in the Township of East
Hanover once they have been approved for an affordable unit within that same
municipality. However, these applicants may re-apply for other opportunities in that
municipality once they have occupied their unit. Applicants withdrawn for fraud may be
withdrawn from all programs administered by Piazza & Associates, Inc., and may be
subject to prosecution under the law.
Applicants who are withdrawn and who wish to re-apply to that specific program may do
so using a new Preliminary Application. The new Preliminary Application will NOT be
given preferential treatment, but will be processed in the same way that all new
Preliminary Applications for that specific program are processed. In the event that an
application list is closed when the application is withdrawn, the applicant will be required
to wait until the list is re-opened to apply again.
Applicants who are dismissed must re-apply. A minimum time period of six months
applies in most situations where the applicant has been withdrawn for fraud, poor credit,
uncooperative behavior or other serious matters.
Applications may be held in abeyance for a period not to exceed 90 days if there is an
error on the credit report, so that the applicant can correct the error and re-apply. Units
20
will not be held open for that applicant. However, once the credit report is corrected, the
applicant will be given a priority for the next opportunity at that property.
Appeals
Appeals from all decisions of an Administrative Agent shall be made in writing to the
Municipal Housing Liaison, Township of East Hanover; or the Executive Director of the
New Jersey Housing and Mortgage Finance Agency.
DETERMINING AFFORDABLE RENTS
To determine the affordable rents the Administrative Agent uses the COAH calculators
located at http://www.nj.gov/dca/divisions/lps/hss/calculators.html.
Development Considerations and Compliance Issues
There are several regulations that must be considered from the development perspective
before the rents of individual units can be calculated. These requirements should be
discussed at the first meeting between the Municipal Housing Liaison, Administrative
Agent and developer or affordable housing sponsor. The following is a summary of the
requirements for ownership projects.
Bedroom Distribution. The standards on the distribution of unit sizes for affordable
developments require that:
The combined number of efficiency and one-bedroom units may be no greater
than 20 percent of the total low- and moderate-income units;
At least 30 percent of all low- and moderate-income units must be two-bedroom
units;
At least 20 percent of all low- and moderate-income units are three-bedroom
units; and
The remainder, if any, may be allocated at the discretion of the developer.
Age-restricted Units. Affordable age-restricted units are not held to these bedroom
distribution standards. For affordable age-restricted units, the number of age-restricted
low- and moderate-income bedrooms must be equal to or greater than the number of age-
restricted units within the development. In other words, the average bedroom size in an
age-restricted development must be equal to or greater than one bedroom per unit. For
example, if the overall age-restricted development is 25 percent efficiencies, and 50
percent one-bedroom units, and 25 percent two-bedroom units, that equals an overall
development bedroom size of exactly one bedroom per unit. An age-restricted
development can meet this standard by creating all one-bedroom units or by creating a
21
two-bedroom unit for each efficiency unit, or any other combination that will equal a
minimum of one bedroom per unit.
Pricing by Household Size. Initial rents are based on targeted “model” household sizes
for each size home as determined by the number of bedrooms. Initial rents must adhere to
the following rules. These maximum rents are based on COAH’s Annual Regional
Income Limits Chart at the time of occupancy:
A studio shall be affordable to a one-person household;
A one-bedroom unit shall be affordable to a one- and one-half person household;
A two-bedroom unit shall be affordable to a three-person household;
A three-bedroom unit shall be affordable to a four- and one-half person
household; and
A four-bedroom unit shall be affordable to a six-person household.
The above rules are only to be used for setting initial rents. They are not guidelines for
matching household sizes with unit sizes. The pricing of age-restricted units may not
exceed affordability based on a two-person household.
Additional Regulations for a Rental Development
In addition to the regulations covered earlier in the Section Development
Considerations and Compliance Issues, rental projects must also comply with the
following regulations:
Split Between Low- and Moderate-income Rental Units. At least 50 percent (of the
affordable units within each bedroom distribution (unit size) must be low-income units
and at least 10 percent of the affordable units within each bedroom distribution must be
affordable to households earning no more than 35 percent of the regional median income.
The remainder of the affordable units must be affordable to moderate-income households.
For a new rental property, very low-income units shall be priced at and made available to
households at or below 30% of the regional median income.
Affordability Average. The average rent for all affordable units cannot exceed 52
percent of the regional median income. At least one rent for each bedroom type must be
offered for both low-income and moderate-income units. Calculation of the affordability
average is available on COAH’s website.
Maximum Rent. The maximum rent of restricted rental units within each affordable
development shall be affordable to households earning no more than 60 percent of the
regional median income.
22
Determining Rent Increases
Annual rent increases are permitted in affordable units. Rent increases are permitted at
the anniversary of tenancy according to COAH’s Annual Regional Income Limits Chart,
available on COAH’s website or an approved alternative. These increases must be filed
with and approved by the Administrative Agent. Property managers or landlords who
have charged less than the permissible increase may use the maximum allowable rent
with the next tenant with permission of the Administrative Agent. The maximum
allowable rent would be calculated by starting with the rent schedule approved as part of
initial lease-up of the development, and calculating the annual increase from the initial
lease-up year to the present. Rents may not be increased more than once a year, may not
be increased by more than one approved increment at a time, and may not be increased at
the time of new occupancy if this occurs less than one year from the last rental. No
additional fees may be added to the approved rent without the express written approval of
the Administrative Agent.
VIOLATIONS, DEFAULTS AND REMEDIES
In the event of a threatened breach of any of the regulations governing the affordable unit
by an Owner, the Administrative Agent shall have all the remedies provided at law or
equity, including the right to seek injunctive relief or specific performance, it being
recognized by both parties that it will cause irreparable harm to the municipality, in light
of the public policies set forth in the Fair Housing Act and the obligation for the
provision of low- and moderate-income housing.
Upon the occurrence of a breach of any of the regulations governing the affordable unit
by an Owner, the municipality shall have all remedies provided at law or equity,
including but not limited to foreclosure, acceleration of all sums due under a mortgage,
recoupment of any funds from a sale in the violation of the regulations, injunctive relief
to prevent further violation of the regulations, entry on the premises, and specific
performance.
MAINTENANCE OF RECORDS AND APPLICANT FILES
Pursuant to N.J.A.C. 5:80-26.14(a)8, N.J.A.C. 5:80-26.15(c) and N.J.A.C. 5:80-26.17
current records will be maintained by the Administrative Agent and outdated records will
be given to the municipality for safe-keeping. A file will be created and maintained on
each restricted unit for its control period.
The Administrative Agent will maintain detailed records on all marketing initiatives.
Files to Be Maintained on Every Applicant
The Administrative Agent will maintain files on every applicant. All files will contain a
preliminary application. If an applicant’s preliminary application is approved, and the
applicant files a formal application, the file will contain at a minimum:
23
Application Form.
Income Verification
Letter of Certification of Eligibility or Letter of Determination of Ineligibility.
Individual files will be maintained throughout the process..
Files to Be Maintained on Every Unit
The Administrative Agent will maintain files on every unit for the length of the
affordability controls. The unit file will contain at a minimum:
Base rent
Identification as low- or moderate-income
Description of number of bedrooms and physical layout
Floor plan
Application materials, verifications and certifications of all present owners,
pertinent correspondence
Copy of lease
Disclosure Statement (Appendix K)
Files to Be Maintained on Every Project
The Administrative Agent will maintain files on every project for the length of the
affordability controls. The project file will contain at a minimum:
Condominium Master Deed
Condominium Public Offering
Crediting Information
Original deed restriction
Affordability control documents, including Declarations of Covenants, Conditions
and Restrictions, Deed Restrictions, Deeds, Recapture Mortgages, Recapture
Mortgage Notes, Disclosure Statement (Appendix J)
Files to Be Maintained on The Applicant Pool
Any changes to the applicant pool
Any action taken with regard to the applicant pool
Any activity that occurs that affects a particular applicant
Current applications for all applicants whose status is active in the applicant pool
The application, the initial rejection notice, the applicant’s reply to the notice, a
copy of the Administrative Agent’s final response to the applicant, and all
documentation of the reason the applicant’s name was removed from the
applicant pool.
24
Monitoring
A sample Deed will be submitted for each project. Additionally, the current annual
monitoring information required to be maintained and reported annually to the Municipal
Housing Liaison can be found on COAH’s website. The information required for each
unit includes but is not limited to:
A sample Deed for each project.
Street Address
Block/Lot/Qualifier/Unit Number
Housing Type
Income: Very Low/Low/Moderate
Initial Rental Price
% of affordability
Bedroom Type
Age-restricted
Handicap accessible/adaptable
Co #, date
Effective date of affordability controls
Length of affordability controls (yrs)
Date Affordability controls removed
New Jersey Law Prohibits
Discrimination
in
Housing
ON THE BASIS OF:
Race, Creed, Color, National Origin, Ancestry, Nationality, Marital or
Domestic Partnership or Civil Union Status, Familial Status, Sex, Gender
Identity or Expression, Affectional or Sexual Orientation, Disability, Source
of Lawful Income or Source of Lawful Rent Payment (including Section 8)
BY:
All Persons including Real Estate Agents or Brokers, Financial
Institutions, Property Owners, Landlords, or Building Superintendents,
and Their Agents and Employees
WITH RESPECT TO:
• The Sale, Rental or Lease of Real Property
• Listing or Advertising of Real Property
• Receipt or Transmittal of Offers to Purchase or Rent Real Property
• Application and Terms of a Mortgage or Other Loan
REMEDY MAY INCLUDE:
An Order Restraining Unlawful Discrimination, Reimbursement for
Financial Loss, Damages for Pain and Humiliation Experienced
as a Result of Unlawful Discrimination, Punitive Damages, and
Attorney’s Fees
It is also unlawful to publish real estate advertisements which express any discrimination against
persons protected by the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq.
The regulations of the New Jersey Division on Civil Rights require that all real estate brokers and persons who engage in the
business of selling or renting real property who are covered by the New Jersey Law Against Discrimination shall display this
official poster in places easily visible to all prospective tenants and purchasers. N.J.A.C. 13:8-1.3.
Violations Should Be Reported To the Nearest Office
of the NJ Division on Civil Rights or Call Toll Free at 866-405-3050
Atlantic City
26 S. Pennsylvania Avenue, 3
rd Floor
Atlantic City, NJ 08401
(609) 441-3100
(Phone)
(609) 441-7648
(TTY)
Jersey City
574 Newark Avenue, 3
rd Floor
Jersey City, NJ 07306
(201) 798-5168
(Phone)
Camden
One Port Center
2 Riverside Drive, 4th Floor
Camden, NJ 08103
(856) 614-2550
(Phone)
(856) 614-2574
(TTY)
Newark
31 Clinton Street, 3
rd Floor
Newark, NJ 07102
(973) 648-2700
(Phone)
(973) 648-4678
(TTY)
Trenton
140 East Front Street, 6th Floor
Trenton, NJ 08625
(609) 292-4605
(Phone)
(609) 292-1785
(TTY)
1/11
www.NJCivilRights.gov
Trenton
140 East Front Street, 6th Floor
Trenton, NJ 08625
(609) 292-4605
(Phone)
(609) 292-1785
(TTY)
Rents** Sales***
Region 1
Median
$66,607
$71,365
$76,122
$85,637
$95,153
$98,959
$102,765
$110,377
$117,989
$125,602
Moderate
$53,286
$57,092
$60,898
$68,510
$76,122
$79,167
$82,212
$88,302
$94,391
$100,481
Low
$33,303
$35,682
$38,061
$42,819
$47,576
$49,479
$51,382
$55,189
$58,995
$62,801
Very Low
$19,982
$21,409
$22,837
$25,691
$28,546
$29,688
$30,829
$33,113
$35,397
$37,680
Region 2
Median
$70,537
$75,576
$80,614
$90,691
$100,767
$104,798
$108,829
$116,890
$124,952
$133,013
Moderate
$56,430
$60,460
$64,491
$72,553
$80,614
$83,838
$87,063
$93,512
$99,961
$106,410
Low
$35,269
$37,788
$40,307
$45,345
$50,384
$52,399
$54,414
$58,445
$62,476
$66,506
Very Low
$21,161
$22,673
$24,184
$27,207
$30,230
$31,439
$32,649
$35,067
$37,485
$39,904
Region 3
Median
$82,810
$88,725
$94,640
$106,470
$118,300
$123,032
$127,764
$137,228
$146,692
$156,156
Moderate
$66,248
$70,980
$75,712
$85,176
$94,640
$98,426
$102,211
$109,782
$117,354
$124,925
Low
$41,405
$44,363
$47,320
$53,235
$59,150
$61,516
$63,882
$68,614
$73,346
$78,078
Very Low
$24,843
$26,618
$28,392
$31,941
$35,490
$36,910
$38,329
$41,168
$44,008
$46,847
Region 4
Median
$72,165
$77,319
$82,474
$92,783
$103,092
$107,216
$111,340
$119,587
$127,834
$136,082
Moderate
$57,732
$61,855
$65,979
$74,226
$82,474
$85,773
$89,072
$95,670
$102,268
$108,865
Low
$36,082
$38,660
$41,237
$46,392
$51,546
$53,608
$55,670
$59,794
$63,917
$68,041
Very Low
$21,649
$23,196
$24,742
$27,835
$30,928
$32,165
$33,402
$35,876
$38,350
$40,825
Region 5
Median
$63,070
$67,575
$72,080
$81,090
$90,100
$93,704
$97,308
$104,516
$111,724
$118,932
Moderate
$50,456
$54,060
$57,664
$64,872
$72,080
$74,963
$77,846
$83,613
$89,379
$95,146
Low
$31,535
$33,788
$36,040
$40,545
$45,050
$46,852
$48,654
$52,258
$55,862
$59,466
Very Low
$18,921
$20,273
$21,624
$24,327
$27,030
$28,111
$29,192
$31,355
$33,517
$35,680
Region 6
Median
$53,714
$57,550
$61,387
$69,061
$76,734
$79,803
$82,873
$89,011
$95,150
$101,289
Moderate
$42,971
$46,040
$49,110
$55,248
$61,387
$63,843
$66,298
$71,209
$76,120
$81,031
Low
$26,857
$28,775
$30,694
$34,530
$38,367
$39,902
$41,436
$44,506
$47,575
$50,644
Very Low
$16,114
$17,265
$18,416
$20,718
$23,020
$23,941
$24,862
$26,703
$28,545
$30,387
Income limits not officially adopted by the State of New Jersey. Contact your municipality to see if applicable in your jurisdiction. Additional information about AHPNJ income limits is posted on AHPNJ.org
Prepared by Affordable Housing Professionals of New Jersey (AHPNJ) - May 2019 EXHIBIT B
Low income tax credit developments may increase based on the low income tax credit regulations.
2019 AFFORDABLE HOUSING REGIONAL INCOME LIMITS BY HOUSEHOLD SIZE
Moderate income is between 80 and 50 percent of the median income. Low income is 50 percent or less of median income. Very low income is 30 percent or less of median income.
**This column is used for calculating the pricing for rent increases for units (as previously calculated under N.J.A.C. 5:97-9.3). The increase for 2015 was 2.3%, the increase for 2016 was 1.1%, the
increase for 2017 was 1.7%, and the increase for 2018 was 2.2%. The increase for 2019 is 2.6% (Consumer price Index for All Urban Consumers (CPI-U): Regions by expenditure category and
commodity and service group). Landlords who did not increase rents in 2015, 2016, 2017, or 2018 may increase rent by up to the applicable combined percentage including 2019 or 9.0% whichever
is less in accordance with N.J.A.C. 5:97-9.3(c). In no case can rent for any particular apartment be increased more than one time per year.
**** The Regional Asset Limit is used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3.
* These columns are for calculating the pricing for one, two and three bedroom sale and rental units as per N.J.A.C. 5:80-26.4(a).
1 Person
*1.5 Person
2 Person
*3 Person
4 Person
Regional Asset
Limit****
Bergen, Hudson,
Passaic and Sussex
Essex, Morris,
Union and Warren
5.67%
9.64%
2.6%
2.6%
Mercer,
Monmouth and
Ocean
$183,994
$193,321
$225,261
$193,919
2.6%
$166,981
3.09%
5.15%
$143,713
3.91%
*** This column is used for calculating the pricing for resale increases for units (as previously calculated under N.J.A.C. 5:97-9.3). The price of owner-occupied low and moderate income units may
increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the administrative agent
be lower than the last recorded purchase price.
Max Increase
Atlantic, Cape
May, Cumberland,
and Salem
*4.5 Person
5 Person
6 Person
7 Person
8+ Person
Hunterdon,
Middlesex and
Somerset
2.6%
2.6%
4.73%
Burlington,
Camden and
Gloucester
2.6%
Identification. Please include a photocopy of identification for every person who will reside in the affordable
home. Typically, a birth certificate, drivers license or passport will be sufficient. Verification of Income. Every
applicant must submit a copy of each of the most recent three (3) years of signed state and federal tax returns
(1040). Please include all accompanying documents such as W2 form(s), 1099's etc. If the applicant has not filed
a return in any of the three (3) previous years, he / she m ust submit a notarized letter of explanation. Every
applicant must submit the six (6) most recent statements from every Checking account and three (3) statem ents
from every other bank and financial account (including, Savings, CD's, Money Market Accounts, etc.) to which
the ap plicant is a d epositor or sig natory. All sources of income must be verified. Acceptable form s of
verification include... Salary: Four (4) m ost recent pay statem ent (stubs). Social Security: A letter from the
Social Security Administration. Public Assistance: A letter from th e appropriate ag ency which d etails the
amount and frequency of the benefit. Alimony and Child Support: The separation or divorce agreement which
details the am ount and frequency of child suppor t or alim ony received by the applicant. Pension Plan, IRA,
Annuity and/or other retirem ent account, pl an or service under which the
applicant receives an incom e or
financial distribution: The most recent statement for each which clearly indicates the amount and frequency of the
distribution. In lieu of a statement, a letter of v erification from th e ap propriate authority will be co nsidered.
Savings Bonds: A copy of all bonds held by the applicant(s). Stocks, Bonds, Treasury Bills and Notes or other
financial instruments which are owned in whole or in part by th
e applicant: The m ost recent statement which
verifies the value of the assets and current dividends (if any). If these are not available, a notarized letter from a
Certified Public Accountant or attorney who has access to these records will be considered. Real Estate: If the
real estate is the current residence of the applicant, and if the applicant intends to sell the real estate, submit one of
the following: a certified appraisal, a contract with a real estate broker which sets forth the price of the property,
or a signed contract for the sale of the property. If there is a mortgage, a statement from the mortgage company or
bank which clearly in dicates the principal balance of the mortgage(s) must be submitted. If o ther real estate is
owned, i n whole or in part by t he applicant, and that parcel or parcel s of real estate generat e(s) income,
verification of income m ust be suppl ied. In addition, veri fication of m ortgage payments, propert y taxes and
insurance should be submitted. Business Income: Equals the sum of gross revenue less expenses (prior to taxes).
Important: Answer all questions. Please answer "none" in the sections which ask for information about income
that you do not have. Enter "n/a" if a question does not apply to you. If you have any questions, or are in need of
further information, please call us: (609) 786-1100, or contact us by e-mail at Info@ HousingQuest.com.
Federal law prohibits discriminate against any person making application to buy or rent a home with regard to age,
race, religion, national origin, sex, handicapped or familial status. State law prohibits discrimination on the basis
of race, creed, color, national origin, ancestry, nationality, marital or domestic partnership or civil union status,
familial status, sex, gender identity or expression, affectional or sexual orientation, disability, source of lawful
income or source of l awful rent pay ment (i ncluding S ection 8). The affordabl e housi ng m ust be the i ntended
primary residence of the applicant. All household members who intend to reside at the affordable home must be
listed in the application. If changes in household composition occur during the application process, the applicant
is required to notify Piazza & Associates,
Inc. immediately. Applications m ay be withdrawn if the household
compostion or srouces of i ncome changes after the submission of this application. Applications must be truthful,
complete and accurate. Any false statement makes the application null and void, and subjects the applicant to
penalties imposed by law. Income Verification: The affordable hom es are pr ovided as a service to low- and
moderate- income households. Occupancy is regulated by certain municipal and state statutes that require us t o
verify the income of every applicant. Your cooperation is appreciated.
Application services provided by Piazza & Associates, Inc., an affordable housing services corporation. This is an Equal
Housing Opportunity. All housing is subject to applicable affordable housing regulations and availability. The terms and
conditions of this affordable housing opportunity are subject to change without notice. We can not guarantee that an affordable
home will be available to you. All homes meet certain criteria for "affordable housing," but the sales prices and rental rates are
not adjusted to meet any specific household income or financial situation. Therefore, we can not and do not represent that these
homes will be affordable to any individual applicant.
PROPERTY / DEVELOPMENT NAME: __________________________________________
PROPERTY ADDRESS: ___________________________________ EXHIBIT C
NAME OF APPLICANT: ____________________________________________________
DO NOT FAX. WE CAN NOT ACCEPT A FACSIMILE OF YOUR FINAL APPLICATION! DO NOT FAX.
AFFORDABLE HOUSING APPLICATION
Read this application carefully and return it with the required documentation.
We reserve the right to disqualify applicants who do not submit ALL of the
documentation requested in this application packet. Please complete, sign and
return this application AND the required documentation to:
Piazza & Associates, Inc., 216 Rockingham Row, Princeton, NJ 08540.
PLEASE CALL US IF YOU NEED CLARIFICATION OR FURTHER INSTRUCTIONS: (609) 786-1100.
A. Head of Household Information (Please verify the information below and make corrections if necessary.)
B. Household Composition (Every person who will occupy the affordable home must be listed.)
#6
#5
#4
#3
#2
#1
Social Security Number
Sex
Date of Birth
Relation To
Name (First and Last)
C. Current Situation
D. References
If you rent, please check "Landlord" and list the name and address of your landlord below. If you own your home,
please check "Mortgage Co." and list the name and address of the mortgage company and account number below.
1.
Name of ___Landlord or ___Mortgage Co.: _________________________________________________
2.
Address: __________________________________________________________________________________
3.
City, State and Zip Code: _____________________________________________________________________
4.
Telephone Number: _______________________________ 5. Mortgage Account No.: ____________________
If you own your home, please attach documentation verifying the value of the home and mortgage principal
amount.
Application for Affordable Housing
Page 2
1.
Last Name:
___________________________
2.
First Name:
__________________________
3.
Home Address:
___________________________
4.
City/State/ Zip:
___________________________
5. Soc. Sec. No: _________________________
6. Home Phone: _________________________
7. Work Phone:__________________________
8. County:
__________________________
9: Email:
1. Do you currently: ___ Rent ___ Own ___Other
2. How long at the address above? _________ Years
3. What was your previous address?
_____________________________________________
City: ________________________________________
State: ____ Zip Code: ___________________________
4. What is your monthly rent or mortgage payment?
$_________________
5. If you currently own your home, what is the value
of this home?
$_________________
6. What is the Principal Balance of your mortgage?
$_________________
E. Salary (Please list GROSS salary for every person over 18 years of age who will reside at the affordable home.
Attach the 4 most recent pay statements (stubs) to this application. Please include overtime in calculation.)
$
$
Name of Employee:
Name of Employer:
Immediate Supervisor:
Address:
Telephone:
$
$
Name of Employee:
Name of Employer:
Immediate Supervisor:
Address:
Telephone:
$
$
Name of Employee:
Name of Employer:
Immediate Supervisor:
Address:
Telephone:
Annual
Gross
Salary
Pay Period
(Bi-Weekly,
Weekly, etc.)
Gross Salary
per Pay
Period
Occupation
Name (First and Last)
Repeat Employee's Name if applicant has more than one
employer. Use additional pages for additional jobs.
F. Benefits Income: Social Security, Pension, Disability, Welfare, Public Assist., IRA's, Annuities, Child Support,
Alimony, Retirement, etc. (Include all sources which currently provide direct income. Provide documentation.)
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Gross Annual
Benefit
Gross Monthly
Benefit
Client / Account
Number
Source (Specify name of Bank,
Fund, Agency, etc.)
Type of Income
(From List Above)
Application for Affordable Housing
Page 3
G. Assets: Financial Institutions (Checking Account, Savings Accounts, Certificates of Deposit, Money Market
Funds, Mutual Funds or other assets held by financial institutions. Provide documentation. Refer to Instructions.)
$
%
$
$
%
$
$
%
$
$
%
$
$
%
$
$
%
$
$
%
$
Annual
Income
Interest
Rate
Current
Market Value
of Asset
Account Number
Financial Institution
Type of Asset
or Account
H. Assets: Directly Held (Stocks, Bonds, Income-Producing Real Estate, Business or other directly held assets.
Provide documentation. To determine the Annual Income from Real Estate or Business, refer to the Instructions.)
$
$
$
$
$
$
$
$
$
$
$
$
Annual
Income
Current
Market Value
Number of Shares
Name of Asset
Type of Asset
I. Marital Status: ___Married; ___Single; ___Divorced; ___Widowed; ___Legally Separated
J. Additional Information (Please include any information which will assist us in serving you such as special needs,
accessibility requirements, etc.) ____________________________________________________________________
Application for Affordable Housing
Page 4
Applicant's Certification and Authorization:
The undersigned hereby states that all the information provided in
connection with this Affordable Housing Application is true and complete. I/We am/are aware that, if any statements
made by me/us are willingly false, the application is null and void, and I/we may be subject to penalties imposed by
law. Piazza & Associates, Inc. or its agents are hereby authorized to contact references to verify the information
provided in these applications, and to make other inquiries regarding income, assets, credit status, employment, and
residency history for the purpose of determining my/our eligibility for this affordable housing program. Further, I/we
understand that there is no obligation at this time on my/our part to enter into a sales or rental agreement if the
application is approved. Void if not signed by all Applicants 18 years of age and over.
Signed: _____________________________________ Signed: ____________________________________
&
DOCUMENT CHECKLIST
Rev. 09/06/12
IMPORTANT
If you answer yes, you must submit
Applicant/Tenant Name:
a COPY of all of the required documents!
Yes
No
Check "Yes" if the answer applies to one or more applicants.
Place check mark if enclosed!
Letter
I am entitled to file a tax return………………………………..
3 most recent federal & st. tax returns
… with all attachments (w-2 forms, etc.)
I am currently a student - (please circle below):…………………..
Current transcript or letter from school
(a) Full Time
(b) Part Time
I am presently employed and receive wages/tips/commissions.. 4 most recent pay statements…
I am presently employed at more than one job (NOT self employed)
...for every job held by everyone over 17.
I am self employed………………………………………………….
Schedule "C" and tax returns
I own a business…………………………………………………….
Current Profit and Loss statements
I currently am on leave of absence from work…………………….
Letter from employer to verify status
I currently receive unemployment benefits………………………..
6 most recent statements from agency
I have a savings account…………………………………………..
3 most recent statements from each acct
I have a checking account………………………………………….
6 most recent statements from each acct
I have a money market account……………………………………
3 most recent statements from each acct
I own a certificate of deposit (CD)………………………………..
3 most recent statements from each acct
I own stocks/bonds. (NOT held in a retirement plan)…………….
3 most recent statements from each acct
I own real estate or I am in the process of selling real estate……
Market value and mortgage statements
I have sold or gifted property or other assets in the past 2 years
What was sold, the value and sale price
I have an IRA. (NOT yet receiving income)……………………….
3 most recent statements from each acct
I have a pension plan at work (NOT yet receiving income)……..
3 most recent statements from each acct
I receive Social Security Income………………………………….
Most recent benefit letter from SS Admin
I receive income from a pension/annuity/retirement fund………..
3 most recent statements from each acct
I receive money periodically from my family, church, friends, etc.
Letter detailing the amount & frequency
I am entitled to receive child support……………………………..
3 most recent statements from source
I am currently paying child support…………………………..
Proof of last 6 payments
I am entitled to receive alimony……………………………………
3 most recent statements from source
I am currently paying alimony………………………………….
Proof of last 6 payments
I receive AFDC/TANF……………………………………………..
Most recent benefits letter
I receive assistance from a Public Housing Authority……………
Most recent benefits letter
I receive Supplemental Social Security (SSI)…………………….
Most recent benefits letter
I receive Workman's Compensation………………………………
3 most recent statements from source
I have a Trust Fund………………………………………………….
3 most recent statements from source
Valid form of ID for every household member is required!
birth cert., driver's license or passport
Date Signature
Date
Date Signature
Date
Signature
Signature
Mortgage prequalification letter (REQUIRED)
This questionnaire must be filled out and signed by all applicants over the age of 17.
APPLICANT QUESTIONNAIRE
Applicant/Tenant: Please check "yes" or "no" for each line
ATTENTION: DO NOT SUBMIT ORIGINALS! Documents cannot be returned.
EXHIBIT D
Appendix T | 2026 Spending Plan and Council
Resolution 89-2026
TOWNSHIP OF EAST HANOVER
2026 AFFORDABLE HOUSING TRUST
FUND SPENDING PLAN
January 30, 2026
Council Approval: March 2, 2026
Page 1 of 9
1) INTRODUCTION
The Township of East Hanover has prepared a Housing Element and Fair Share Plan in accordance with the Municipal Land Use Law (NJSA
40:55D-1 et seq.), the Amended Fair Housing Act (NJSA 52:27D-301), and the applicable affordable housing regulations (NJAC 5:91-1 et seq.,
NJAC 5:93-1 et seq., NJAC 5:97 et seq. and N.J.A.C. 5:99 et seq.). A development fee ordinance creating a dedicated revenue source for
affordable housing was originally adopted by the municipality on June 20, 1995 and approved by the Council on Affordable Housing on May
5, 1999.1 The ordinance establishes the Township of East Hanover’s affordable housing trust fund for which this spending plan is prepared.
2) REVENUES FOR CERTIFICATION PERIOD
As of December 31, 2024, the Township of East Hanover has collected $9,304,829.83 and expended $2,347,018.22, resulting in a balance of
$6,957,811.61. All development fees, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished
controls, and interest generated by the fees are deposited in a separate interest-bearing affordable housing trust fund in Citizens Bank for
the purposes of affordable housing. These funds shall be spent in accordance with NJAC 5:99-2.3, as described in the sections that follow.
To calculate a projection of revenue anticipated during the period of the fourth round (2025-2035), the Township of East Hanover considered
the following:
(a) Development fees:
1. Residential and non-residential projects which have had development fees imposed upon them at the time of preliminary or final
development approvals;
2. All projects currently before the planning and zoning boards for development approvals that may apply for building permits and
certificates of occupancy; and
3. Future development that is likely to occur based on historical rates of development.
(b) Payment in lieu (PIL):
1 Dates sourced from Affordable Housing Monitoring System, accessed May 22, 2025.
Page 2 of 9
Actual and committed payments in lieu (PIL) of construction from developers as follows:
No funds are anticipated at this time.
(c) Other funding sources:
Funds from other sources, including, but not limited to, the sale of units with extinguished controls, repayment of affordable
housing program loans, rental income and proceeds from the sale of affordable units.
No funds are anticipated at this time.
(d) Projected interest:
Interest on the projected revenue in the municipal affordable housing trust fund at the current average interest rate.
The Township projects collecting $240,025.68 between 2025 and 2035.
The Township of East Hanover projects a total of $1,854,559.68 in revenue to be collected between 2025 and 2035. This projected amount,
when added to the Township’s trust fund balance as of December 31, 2024, results in an anticipated total revenue of $8,812,371.29 available
to fund and administer its affordable housing plan. All interest earned on the account shall be used only for the purposes of affordable
housing. See the table on the following page for a projection of the anticipated revenues.
Page 3 of 9
Source of Funds
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
Total
(a) Development fees:
183 Mt. Pleasant Ave.
$2,044
$2,044
9 Windsor Way
$7,420
$7,420
42 Cleveland Avenue
$4,333
$4,333
1 Willow Place
$4,431
$4,431
1A Ivy Court
$7,319
$7,319
37 Harvest Avenue
$7,152
$7,152
48 Grant Avenue
$10,970
$10,970
50 Cedar Street
$7,816
$7,816
646 Ridgedale Ave.
$10,702
$10,702
155 Troy (2 homes)
$10,713
$10,713
15 Knollwood (2 homes)
$10,713
$10,713
31 Farinella Drive
$24,125
$24,125
34 West Avenue
$9,000
$9,000
111 Route 10 (R&O)
$865,666
$865,666
135 Route 10**
$400,000
$400,000
Projected Residential
Development
$5,357
$10,713
$16,070
$5,357
$10,713
$16,070
$5,357
$10,713
$16,070
$10,713
$107,130
28 Ridgedale Ave. (gas
station)**
$25,000
$25,000
37 Eagle Rock Ave.
(Goddard School)**
$75,000
$75,000
1 Heather Drive**
$5,000
$5,000
Other
$5,000
$5,000
$5,000
$5,000
$20,000
(b) Payments in Lieu of
Construction
$0
(c) Other Funds
$0
(d) Interest
$196,085
$25,791
$11,940
$3,550
$150
$440
$450
$290
$300
$590
$440
$240,025.68
Total
$241,326 $946,884 $438,366 $130,332
$5,506
$16,153 $16,519
$10,646
$11,013 $21,659 $16,153 $1,854,559.68
Projected Revenues – Affordable Housing Trust Fund
*For purposes of projecting revenues, we have utilized historic residential Certification of Occupancy data and projected forward. Projections assume the estimated value of a
new home is $357,100. (This value was provided by the tax assessor and is the average home value within the Township.) The value is then multiplied by 1.5%.
Approved Residential Development
Approved Non-Residential Development
Development Pending Approval
Projected Non-Residential Development
Page 4 of 9
3) ADMINISTRATIVE MECHANISM TO COLLECT AND DISTRIBUTE FUNDS
The following procedural sequence for the collection and distribution of development fee revenues shall be followed by the Township of East
Hanover:
(a) Collection of development fee revenues:
Collection of development fee revenues shall be consistent with the Township of East Hanover’s development fee ordinance for both
residential and non-residential developments in accordance with NJAC 5:91, 5:93, and 5:99, the Amended Fair Housing Act, and the
Municipal Land Use Law.
(b) Distribution of development fee revenues:
The Administration forwards a resolution to the governing body recommending the expenditure of development fee revenues as set
forth in this spending plan. The governing body reviews the request for consistency with the spending plan and adopts the
recommendation by resolution. The release of the funds requires the adoption of the governing body resolution in accordance with
the Court- and/or Program-approved spending plan. Once a request is approved by resolution, the Chief Financial Officer releases
the requested revenue from the trust fund for the specific use approved in the governing body’s resolution.
4) DESCRIPTION OF ANTICIPATED USE OF AFFORDABLE HOUSING FUNDS
(a) Rehabilitation and new construction programs and projects.
The Township of East Hanover does not have a rehabilitation obligation.
Rehabilitation program: $0
New construction project(s): $0
Page 5 of 9
(b) Affordability Assistance (NJAC 5:99-2.5(a)).
Municipalities are required to “set aside a portion of all development fees collected and interest earned for the purpose of providing
affordability assistance to very-low, low-, and moderate-income households in affordable units included in the municipality’s fair
share plan”. The regulations do not specify a certain percentage that must be attained, but for purposes of this document, a goal of
20% has been set. The actual affordability assistance expenditures are calculated on an ongoing basis in the online Affordable
Housing Monitoring System platform.
According to the chart on the following page, the Township of East Hanover has set a goal of 20% of all fees and interest earned to
be reserved for affordability assistance. This goal translates to $1,727,105.59. Through December 31, 2025 the Township has spent
$396,217.64 from the affordable housing trust fund to render units more affordable.
East Hanover proposes the following affordability assistance mechanisms:
Age-Restricted Rental Assistance. East Hanover will set aside up to $118,000 for rental assistance to tenants who have
existing leases for already designated Township very-low, low- or moderate-income age-restricted rental units. The Township
will provide a maximum of $2,000 per affordable unit/certified household in rental assistance. The payment will be divided
over several months and ultimately calculated by the Township’s Administrative Agent. Assistance will be provided on a first-
come, first-served basis to existing income-eligible age-restricted renters. Assistance will only be provided one-time to the
affordable unit. (If additional funds are collected beyond the projections, nothing herein shall be construed to preclude the
Township from offering similar affordability assistance to non-age-restricted units, subject to availability of funds and
consistency with the HEFSP.)
Very-Low-Income Supportive/Special Needs Units. East Hanover is seeking a vacant land adjustment as part of its Fourth
Round housing compliance. However, if the opportunity arises over the next decade to partner with an entity to construct
supportive / special needs affordable housing opportunities, East Hanover would like to reserve funds to aid in bringing said
units to fruition. It is anticipated that the program would be structured to provide funding per unit or bed in exchange for a
deed restricted unit / bed. This funding is reserved exclusively for very-low-income units. A maximum of $800,000 is
earmarked for this program, which is dependent on development fees collected.
Purchase of Land/Units. As East Hanover is seeking a vacant land adjustment for the Fourth Round, it is imperative to
reserve a portion of the trust for future potential land purchases or unit acquisitions. Potential opportunities may arise in
Page 6 of 9
the future for the Township to acquire land and/or units and trust funds should be set-aside to enable said transactions.
Land purchases could then be leveraged for 100% affordable construction opportunities as outlined in the next section. A
maximum of $2,500,000 is allocated for this program, which is dependent on development fees collected.
Other Future Affordable Opportunities. East Hanover would like the flexibility to use the trust fund if any other affordable
housing opportunities arise over the next ten years. For example, to assist a site in providing more than a 20% set-aside or
renovating an existing structure to become an affordable unit, assisting Habitat for Humanity, creating veterans or senior
housing, etc. Up to $4,601,199.79 will be available for this mechanism, which is dependent on development fees collected.
(c) Administrative Expenses (NJAC 5:99-2.4(a)).
Municipalities are permitted to use affordable housing trust fund revenue for related administrative costs up to a 20% limitation,
exclusive of funds collected to fund an RCA. The actual administrative expense maximum is calculated on an ongoing basis in the
online Affordable Housing Monitoring System platform based on actual revenues.
The Township of East Hanover projects that $793,171.51 will be available from the affordable housing trust fund to be used for
administrative purposes. Projected administrative expenditures, subject to the 20% cap, include, but are not limited to:
Township and Affordable Housing Attorney, Engineer and Planner fees related to attaining affordable housing compliance as
well as consulting fees related to the administration and implementation of the Township’s affordable housing program(s).
Actual development fees through 12/31/2024
$ 4,946,900.86
Actual interest earned through 12/31/2024
+
$ 1,834,067.39
Development fees projected 2025-2035
+
$ 1,614,534.00
Interest projected 2025-2035
+
$ 240,025.68
Total
=
$ 8,635,527.93
Calculate 20 percent
x .20 = $ 1,727,105.59
Less Affordability assistance expenditures through
12/31/2024
-
$ 396,217.64
Projected Minimum Affordability Assistance
Requirement 2025-2035
=
$ 1,330,887.95
AFFORDABILITY ASSISTANCE CALCULATION
Page 7 of 9
Salaries and benefits for municipal employees for administration and implementation of the housing plan and program(s).
Fees for administering the Rehabilitation Program and for the Administrative Agent.
Municipal Housing Liaison and Administrative Agent training and on-going continuing education.
5) EXPENDITURE SCHEDULE
The Township of East Hanover intends to use affordable housing trust fund revenues for the creation of affordable housing units. It should
be noted that the amount spent in a given year for any line item may actually span multiple years in reality. The chart on the following page
provides an estimated timeline for expenditure and does not restrict the Township from spending the money sooner or later in the Fourth
Round period, nor does it prohibit the Township from spending more or less money in one year assuming the funds are in place to make
said expenditure.
Actual dev fees and interest thru 12/31/2024
$ 6,780,968.25
Projected dev fees and interest 2025-2035
+
$ 1,854,559.68
Payments-in-lieu of construction and other deposits
thru 12/31/2024
+
$ 2,520,861.58
Projected payments-in-liue and other deposists 2025-
2035
+
$ -
Total
=
$ 11,156,389.51
Calculate 20 percent
x .20 =
$ 2,231,277.90
Less admin expenditures thru 12/31/2024
-
$ 1,438,106.39
Projected Maximum available for administrative
expenses 2025-2035
=
$ 793,171.51
ADMINISTRATIVE EXPENSE CALCULATION
Page 8 of 9
6) EXCESS OR SHORTFALL OF FUNDS
There are no mechanisms that mandate the use of trust fund monies, so a shortfall of funds for East Hanover is a non-issue.
In the event more funds than anticipated are collected or projected funds exceed the amount necessary to implement the Fair Share Plan,
the Township will use those excess funds towards rehabilitation or affordability assistance.
7) SUMMARY
The Township of East Hanover intends to spend affordable housing trust fund revenues pursuant to NJAC 5:99-2.3 and consistent with the
housing programs outlined in the Fourth Round Housing Plan Element and Fair Share Plan.
The Township of East Hanover has a balance of $6,957,811.61 as of December 31, 2024 and anticipates an additional $1,854,559.68 in
revenues through 2035 for a total of $8,812,371.29. The Township shall make good-faith efforts to expend trust fund monies in accordance
with this Spending Plan as opportunities arise, recognizing that timing, market conditions, and availability of suitable projects may affect the
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
Total
Affordability
Assistance
VLI Supportive/
Special Needs Units
TBD
$400,000
$400,000
$800,000
Age-Restricted
Rental Assistance
59
$59,000
$59,000
$118,000
Purchase of
Land/Units
TBD
$1,500,000
$1,000,000
$2,500,000
Other Future
Affordable
Opportunities
TBD
$3,000,000
$1,601,200
$4,601,200
Administration
$75,000
$75,000
$70,000
$70,000
$70,000
$70,000
$70,000
$70,000
$73,172
$75,000
$75,000
$793,172
Total
$75,000
$475,000
$1,629,000 $3,129,000
$470,000
$70,000
$70,000
$70,000
$1,073,172 $1,676,200
$75,000
$8,812,371.29
Projects/Programs
Number
of Units
Projected
Projected Expenditure Schedule 2025-2035
Page 9 of 9
pace of expenditures. This Spending Plan demonstrates the Township’s commitment to expend $8,812,371.29 through December 31, 2035,
including a commitment to expend with respect to the following:
Commitment to expend up to $8,019,199.78 towards affordability assistance; and
Commitment to expend up to $793,171.51 towards administrative costs.
The table below provides a summary of the affordable housing trust fund spending plan.
R:\Projects\E-H\EHT\EHT017A\Reports\Fourth Round HEFSP\260130dag_EHT_Spending_Plan_ADOPTED.docx
Balance as of December 31, 2024
$6,957,811.61
Projected Revenue 2025-2035
Development fees
+
$1,614,534.00
Payments in lieu of construction
+
$0.00
Other funds
+
$0.00
Interest
+
$240,025.68
TOTAL REVENUE
=
$8,812,371.29
Projected Expenditures 2025-2035
Affordability Assistance
-
$8,019,199.78
Administration
-
$793,171.51
Total Projected Expenditures
=
$8,812,371.29
Remaining Balance
=
($0.00)
SPENDING PLAN SUMMARY
Appendix U | 2026 Municipal Housing Liaison
Council Resolution 59-2026
Appendix V | 2025 Administrative Agent Council
Resolution 158-2025
Appendix W | Land Use Planning Board Resolution
Adopting 2025 HEFSP
Appendix X | 100 Eagle Rock, Ordinance 02-2026
Appendix Y | Route 10 / Littell / Ridgedale,
Ordinance 03-2026
Appendix Z | Land Use Planning Board Resolution
Adopting Amended 2025 HEFSP
Appendix AA | Council Resolution 90-2026 Adopting
Affirmative Marketing Plan
1
AFFIRMATIVE FAIR HOUSING MARKETING PLAN
For Affordable Housing in (REGION 2)
I. APPLICANT AND PROJECT INFORMATION
(Complete Section I individually for all developments or programs within the municipality.)
Administrative Agent Name, Address, Phone Number
Patricia Gallagher
CME
1460 Route 9 South
Howell, NJ 07731
732.462.7400
Development or Program Name, Address
TBD
Number of:
Affordable Units Total
Affordable Rental Units
Affordable For-Sale Units
TBD
TBD
Affordable Age Restricted Units
TBD
TBD
Affordable Non-Age Restricted Units
TBD
TBD
Affordable Supportive Housing Units
TBD
TBD
Price or Rental Range
From: TBD
To: TBD
Approximate Starting Dates
Advertising: TBD Occupancy: TBD
Counties
Essex, Morris, Union, Warren
Preferences, if any:
TBD
Managing/Sales Agent’s Name, Address, Phone Number
TBD
Application Fees (if any): TBD
A spreadsheet with information about all units, including number of bedrooms, income level,
rent or price, accessibility features, and square footage must be attached to this plan.
Sections II through IV should be consistent for all affordable housing developments and programs within the municipality.
Sections that differ must be described in the approved contract between the municipality and the administrative agent and in
the approved Operating Manual.
II. RANDOM SELECTION
Describe the random selection process that will be used once applications are received.
Applicants are selected at random before income-eligibility is determined, regardless of household size or desired
number of bedrooms. The process is as follows:
After advertising is implemented, applications are accepted for 60 days. The applications are prescreened for eligibility.
Applicants that are deemed, at this stage, to be ineligible are sent a notice and given an opportunity to clarify or correct
any information. This will be done in writing.
Prescreened applications are entered into a data base and sorted by the unit size and affordability type that is
appropriate. Applicants are sent letters as to their eligibility during this preliminary application stage.
Prior to the randomized selection, a list of applicants will be sent to the Municipal Housing Liaison (MHL) in the order
to which the random numbers will be applied. This list should be maintained in the file so that the MHL can verify the
2
establishment of the order of the list in advance of the random selection.
At the end of the 60-day period, the Administrative Agent arranges a time and date for the random selection process to
take place. The MHL and a representative of the developer are invited and encouraged to attend. An announcement of
the time and date is made by way of an email blast to those applicants who voluntarily sign up for this service through
www.HousingQuest.com.
It is important to note that applicants need not be present at the random selection, and that there is no advantage given
those applicants who do attend.
At the random selection, a website is used to generate a random list of numbers. The numbers are applied to the list in
the order that was prearranged. A copy of the random numbers and the final list are sent to the MHL for verification
and file.
All applicants are assigned a random number. A random number does not guarantee that the applicant will be deemed
eligible. Applicants who submit more than one application and receive more than one priority number will forfeit the
lower number with the highest priority.
When units become available, final applications are sent in the prioritized order as specified previously. The
Administrative Agent can keep the applicant pool open after the initial lottery and add names to the existing list based
on time and date of submission. Any applicants added after the initial random selection shall be placed at the end of
the existing priority list and shall not alter the randomized order of previously selected applicants. On-going marketing
is done primarily through www.HousingQuest.com.
III. MARKETING
Direction of Marketing Activity: (indicate which group(s) in the housing region are least likely to apply for the housing
without special outreach efforts because of its location and other factors)
□ White (non-Hispanic □ Black (non-Hispanic) X Hispanic □ American Indian or Alaskan Native
x Asian or Pacific Islander □ Other group:
REQUIRED
5:80-26.16(g)1 requires you to advertise your project on the New Jersey Housing Resource Center for at least
sixty days before conducting the random selection.
x HOUSING RESOURCE CENTER (www.njhousing.gov) A free, online listing of affordable housing
Regional Newspapers
5:80-26.16(g)3 requires you to advertise your project in at least one regional newspaper (either online or in
print). You may also select several papers with partial regional coverage, as long as all counties in the region
are covered.
TARGETS ENTIRE HOUSING REGION 2
Daily Newspaper
x
Star-Ledger (online
only)
https://www.nj.com/starledger/
Essex, Morris, Union,
Warren
TARGETS PARTIAL HOUSING REGION 2
□
Daily Record
https://www.dailyrecord.com/
Morris
3
□
Lehigh Valley News
https://www.lehighvalleynews.com/
Warren
Weekly Newspaper
□
Belleville Times
https://enewspaper.northjersey.com/ee/bellevilletimes//
Essex
□
The Jersey Bee
https://jerseybee.org/
Essex
□
Essex News Daily
https://essexnewsdaily.com/
Essex, Union
□
Morris News Bee
https://www.newjerseyhills.com/morris_news_bee/
Morris
□
Hanover Eagle
https://www.newjerseyhills.com/hanover_eagle/
Morris
□
Independent Press
https://www.nj.com/independentpress
Morris, Union, Essex
□
Cranford Monthly
https://rennamedia.com/publications/cranford-
monthly/
Union
□
Union News Daily
https://unionnewsdaily.com/
Union
□
Spirit of Union
https://rennamedia.com/
Union
□
Warren Monthly
https://rennamedia.com/publications/warren-monthly/
Warren
□
Warren News
https://www.nj.com/warren/
Warren
□
Warren Daily Voice
https://dailyvoice.com/nj/warren/
Warren
x Housing Search Websites
5:80-26.16(g)4 requires you to advertise your project on at least one housing search website in addition to the NJHRC. This
can include the AA website. List below all housing search websites to be used:
https://www.piazzanj.com/?search_by=County&search=advanced&county=Morris&town=East+Hanover&property_type=&senior_housing=
If you selected a print newspaper(s) as your regional paper above, select TWO additional strategies below with AT LEAST
ONE NON-DIGITAL MARKETING STRATEGY.
If you selected a digital newspaper(s) as your regional paper above, select AT LEAST TWO NON-DIGITAL MARKETING
STRATEGIES below.
x Specific Radio and Television Stations
5:80-26.16(e)1 lists specific radio stations, and television stations throughout the housing region as marketing opportunities. If
choosing this option, make sure your proposed stations cover the entire region. You may add more if desired. List the selected
publications below or attach a list from the Marketing Outreach Tool.
x
WQXR-FM 96.3
x
WAWZ 99.1
□
□
4
Paid Targeted Digital Advertising
5:80-26.16(e)1 offers paid targeted digital advertising as an option. Some common platforms are listed below.
□
Google Ads
□
Microsoft Ads
□
Bing Ads
□
Other (please list)
□ Specific Newspapers and Other Publications
5:80-26.16(e)2 lists “specific newspapers and other publications circulated within the housing region” as an option, including
neighborhood-oriented weekly papers, religious publications, and organizational newsletters. If choosing this option, make
sure your proposed publications cover the entire region. You may add more if desired. List the selected publications below or
attach a list from the Marketing Outreach Tool.
□
□
□
□
□ Employers Throughout the Housing Region
5:80-26-16(e)3 offers outreach to regional employers as an option. A comprehensive and regularly updated list of employers is
available in the Marketing Outreach Tool. Please reach out to each listed employer in the region; you may add more if
desired. If an employer no longer exists or has moved, please inform DCA.
x Community Organizations Throughout the Housing Region
5:80-26-16(e)4 offers community and regional organizations as an option, including nonprofit, religious, governmental,
fraternal, civic, and other organizations. A comprehensive and regularly updated list of organizations is available in the
Marketing Outreach Tool. Please reach out to each listed organization in the region. You may add more if desired. If an
organization no longer exists or has moved, please inform DCA.
FSHC; the Latino Action Network; Morris County NAACP; and the Supportive Housing Association
x Municipal and County Websites
5:80-26-16(e)5 offers municipal and county website advertising as an option. Insert the URL for the municipality. To ensure
regional outreach, advertise in all county websites listed below.
Municipality: https://www.easthanovertownship.com/pages/east-hanover-affordable-housing
□ Social Media
5:80-26.16(e)6 offers social media as an option. Some common platforms are listed below. You may place ads on these
platforms or market for free on your own page.
□
Facebook
□
TikTok
5
□
Instagram
□
Reddit
□
YouTube
□
Snapchat
□
Other (please list)
□ Public Transit Stops
A comprehensive and regularly updated list of NJ Transit stops is available at https://www.nj.gov/dca/hmfa/about/has/, or in
map form at njogis-newjersey.opendata.arcgis.com. Note that you must get permission from NJ Transit to post flyers.
□ Other Advertising Efforts to Groups Least Likely to be Reached
IV. APPLICATIONS
Applications for affordable housing or notices thereof, if offered online, for the above units will be available in all
County Administration Buildings and Libraries for all counties in the housing region:
BUILDING
LOCATION
x
Morris County Administration
PO Box 900, Morristown, NJ 07963 (973)285-6000
x
Morris County Library
30 East Hanover Avenue, Whippany, NJ 07981
(973)285-6930
x
Warren County Administration
165 County Route 519 South, Belvidere, New Jersey
07823 (908)475-6200
x
Warren County Library Administrative Offices
2 Shotwell Dr., Belvidere, NJ 07823 (908) 818-1280
x
Essex County/Hall of Records
465 Dr. Martin Luther King, Jr. Blvd, Newark, NJ
07102 (973)621-4400
x
Essex County Library
303 University Avenue, Newark, NJ 07102 (973)
877-3233
x
Union County/Administration Building
10 Elizabethtown Plaza, Elizabeth, NJ 07202
(908)527-4100
x
Union County Library
1980 Morris Avenue, Union, NJ 07083
(908) 851-5450
Municipality in which the units are located (list municipal building and municipal library, address, contact person)
Municipal Building, 411 Ridgedale Avenue, East Hanover, NJ 07936, Gail Kenney,
MHL
East Hanover Public Library, 415 Ridgedale Avenue, East Hanover, NJ 07936
Sales/Rental Office for units (if applicable)
TBD
6
V. CERTIFICATIONS AND ENDORSEMENTS
I hereby certify that the above information is true and correct to the best of my knowledge. I understand that
knowingly falsifying the information contained herein may affect the Municipality’s compliance and/or any state
funding.
____________________________________________________________________________________________
Name (Type or Print)
____________________________________________________________________________________________
Title/Municipality
____________________________________________________________________________________________
Signature Date
R:\Projects\E-H\EHT\EHT017A\Reports\Fourth Round HEFSP\Implementing Documents\260302dag_EHT_AMP_ADOPTED.doc
Appendix BB | Council Resolution 91-2026
Endorsing Amended 2025 HEFSP
Appendix CC | Ordinance 04-2026 Affordable
Housing Ordinance
Appendix DD | Ordinance 05-2026 Development Fee
Ordinance
Appendix EE | Draft Ordinance 06-2026 Amending
RMF-04 Overlay District
1 Introduction Ordinance No. 06-2026
March 2, 2026
ORDINANCE NO. 06-2026
AN ORDINANCE OF THE TOWNSHIP OF EAST HANOVER, IN THE COUNTY OF
MORRIS, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING THE
TOWNSHIP CODE CHAPTER 95 “LAND USE AND ZONING”, ARTICLE VII “ZONING”
TO ADD BLOCK 129, LOT 7 TO THE RESIDENTIAL MULTI-FAMILY 4 OVERLAY
DISTRICT
WHEREAS, the Township of East Hanover has a constitutional obligation to create a
realistic opportunity for the construction of its fair share of the region’s need for affordable housing;
and
WHEREAS, on March 20, 2024, Governor Philip D. Murphy signed P.L.2024, c.2 into law
an Amendment to the Fair Housing Act (N.J.S.A. 52:27D-301, et seq.)(hereinafter “Amended
FHA”); and
WHEREAS, the East Hanover Land Use Planning Board adopted the Amended 2025
Housing Element & Fair Share Plan on February 24, 2026, which was endorsed by the Township
Council on March 2, 2026, pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq.,
which addresses the requirements of N.J.A.C. 5:93-1, et seq., as amended and supplemented,
N.J.A.C. 5:80-26.1, et seq. as amended and supplemented, and the New Jersey Fair Housing Act of
1985; and
WHEREAS, the Amended 2025 Housing Element & Fair Share Plan recommends creating
a mixed-use inclusionary overlay zone on Block 129, Lots 1, 2, 4, 5, 7, 7.01, 8.02, and 9.01; and
WHEREAS, the Township Committee adopted Ordinance 03-2026 which established the
RMF-4 Residential Multi-Family 4 Overlay on Block 129, Lots 1, 2, 4, 5, 7.01, 8.02, and 9.01; and
WHEREAS, Ordinance 03-2026 contained a scrivener’s error which omitted Lot 7 of Block
129; and
WHEREAS, the Township Council seeks to effectuate the recommendations of the 2025
Housing Element & Fair Share Plan by placing an overlay zone on Block 129, Lot 7 to create a
realistic opportunity for the creation of affordable housing.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Township Council that:
SECTION 1. The RMF-4 Residential Multi-Family 4 Overlay District shall be expanded to include
Block 129, Lot 7.
2 Introduction Ordinance No. 06-2026
March 2, 2026
SECTION 2. If any article, section, subsection, paragraph, phrase, or sentence is, for any reason,
held to be unconstitutional or invalid, said article, section, subsection, paragraph, phrase or sentence
shall be deemed severable.
SECTION 3. All ordinances or parts of ordinances inconsistent herewith are hereby repealed as
to such inconsistencies.
SECTION 4. This Ordinance shall take effect upon final publication as provided by law.
Attest:
TOWNSHIP OF EAST HANOVER
Felicia A. McDonald, RMC
Joseph Pannullo, Mayor
Deputy Township Clerk
Introduced:
March 2, 2026
Adopted:
I, Felicia A. McDonald, RMC, Deputy Township Clerk of the Township of East Hanover, County
of Morris, do hereby certify the foregoing to be a true copy of an Ordinance adopted by the
Township Council at a duly convened meeting held on February 19, 2026
Felicia A. McDonald, RMC
Deputy Township Clerk
R:\Projects\E-H\EHT\EHT017A\Reports\Fourth Round HEFSP\Implementing Documents\2602026dag_ORDINANCE 06-2026_RMF-
4_Lot7_Draft.docx
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Felicia A. McDonald
Deputy Township Clerk
Joseph Pannullo
Mayor
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First Discovered
Apr 1, 2026
Last Info Update
Apr 5, 2026
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