New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Appendix M

Current through Register Vol. 56, No. 14, July 15, 2024
Balanced Housing Green Building Requirements
1. Siting and Land use
- Follow smart growth principles as set forth in the State
				Development and Redevelopment Plan.
- Where feasible, site new construction to optimize passive solar
				strategies, including orienting the building with respect to the sun's relationship
				to the site.
- Distribute proper energy efficient windows in appropriate
				placement.
- Include passive shading such as suitable overhangs, awnings and/or
				deciduous trees.
2. Indoor Air
			 Quality
- During construction, completely seal forced air duct and HVAC
				equipment openings with plastic film and tape until after final cleaning of unit. If
				ducted system is used for construction heating, install MERV 8 filters on all return
				grills for duration of construction to contain dust.
- Utilize products that produce low volatile organic compound low
				paints, sealants, and adhesives in all interior applications.
- Install encapsulated batts when utilizing fiberglass insulation
				between joists of accessible basement ceiling to reduce dust and increase thermal
				performance.
- Install pleated furnace filters for forced air systems to trap
				allergens.
- Install durable, healthy flooring in units such as bamboo, cork,
				linoleum, etc.
3. Energy
			 Efficiency
- All units must adhere to current New Jersey Energy Star
				Certification requirements.
- All Appliances must be Energy Star certified.
- Install one Energy Star lighting fixture in each occupied room in
				unit.
4. Resource Efficiency
- Develop and submit plan and protocol to properly sort and dispose
				of construction waste material separate from recycled material. Establish a system
				for daily collection and separation of materials designated to be recycled including
				at a minimum, concrete, metals, wood, recyclable plastics, bottles and cardboard.
				Plan must also include the percentage of construction and the percentage of
				demolition that will be recycled waste.
- Contractor must include in each subcontract the requirement to
				sort the above materials and dispose of each in the designated container or debris
				pile. Recycling areas shall be clearly marked to avoid co-mingling of
				materials.
- Recycling--For rental properties, provide a plan for the recycling
				of household (single family/townhouse) or individual unit (multifamily all types)
				recyclables (glass, plastic, metals, paper).
5. Water Efficiency
- Fixtures must include the following standards:
Bathroom faucets
0.5 gpm bath aerators
Showerheads
2.0 gpm (flow rate is typically
						reduced
by flow restriction or aeration)
High Efficiency Toilets
< /= 1.3 gallons per flush
						toilets
Washing machines located in common areas of
						multi-family units must be
front-loading horizontal axis.
Water efficient landscaping
Turf: Select a type of grass that can withstand
						low rainfall periods
and become dormant during hot, dry summer
						conditions. Turf no more than
50 percent of the landscaped area. If installing
						plants as an alternative,
or in addition to turf areas, utilize native
						and/or drought resistant
plants with either drip irrigation or no
						irrigation.
Irrigation: Install irrigation system controllers
						such as rain or soil
moisture sensors or use a weather driven
						programming system. Use high
efficiency nozzles and pressure regulating devices
						to maintain optimal
pressure and prevent misting. Consider collected
						rainwater as an alternative
source of irrigation water.
6. Building
			 Durability and Moisture Protection
- Install window flashing to avoid moisture penetration.
- Provide exterior wall drainage plane using building paper,
				housewrap or layered water resistant sheathings (rigid insulation or a foil covered
				structural sheathing) with seams taped or sealed.
- Where lot lines permit, design roof to include 18 inch minimum
				roof overhangs which are measured on horizontal from vertical wall to fascia.
- Roof gutter system downspouts shall discharge water at least three
				feet from the foundation.
- For pitched roofs, install 30-year or more roof shingles, for flat
				roofs, install 20-year shingles.
Resource Guides
New Jersey DCA Green Homes Guidelines
New Jersey Clean Energy Program at
http://www.njenergystarhomes.com
Energy and Environmental Building Association at
http://www.eeba.org
FORM OF MORTGAGE SECURING PAYMENT OF RECAPTURE NOTE IN FAVOR OF THE
				STATE, REQUIRED BY SECTION 5:80-26.5(c)
State of New Jersey
Department of Community Affairs
Affordable Housing Program
Repayment Mortgage
To Secure Payment of Amounts Due
Upon First Non-Exempt Sale
After Expiration of Control Period
THIS MORTGAGE, made on this the ...... day of ......., 20...... by
				and between ......., (the "OWNER") and THE STATE OF NEW JERSEY, acting by and
				through its Commissioner of the Department of Community Affairs (the "STATE"), in
				connection with the property described herein (the "PROPERTY");
Article 1. REPAYMENT MORTGAGE NOTE
In consideration of value received, the Owner has signed a Recapture
				Mortgage Note (the "Note") dated ....... The Owner promises to pay to the State
				amounts due under the Repayment Mortgage Note, and to abide by all obligations
				contained therein.
Article 2. MORTGAGE AS SECURITY FOR AMOUNT DUE
This Mortgage is given to the State as security for the payment
				required to be paid upon the first non-exempt sale of the Property, as provided
				under the rules of the New Jersey Housing and Mortgage Finance Agency set forth in
				5:80-26.1 et seq.
Article 3. PROPERTY DESCRIPTION
All of the land and improvements thereon located in the municipality
				of ...... in the County of ......., State of New Jersey (hereinafter the
				"Property"), described more specifically as Block No. ... Lot No. ..., and known by
				the street address:
.............................
.............................
Article 4. RIGHTS GIVEN TO STATE
The Owner, by mortgaging the Property to the State, gives the State
				those rights stated in this Mortgage, and all the rights the law gives to the State
				under Uniform Housing Affordability Controls, which are found in New Jersey
				Administrative Code at Title 5, chapter 80, subchapter 26 (
				5:80-26.1, et seq). The rights given to
				the state are covenants running with the land. The rights, terms and restrictions in
				this Mortgage shall bind the Owner and all subsequent purchasers and owners of the
				Property, and the heirs and assigns of all of them. Upon performance of the promises
				contained in Note and Mortgage, the State will prepare and deliver to the then
				current owner of record a quitclaim deed or other document of release.
Article 5. DEFAULT
The State may declare the Owner in default on this Mortgage and on
				the Note if:
1.
The Owner attempts to convey an interest in the
						Property without
giving prior written notice to the State;
2.
The ownership of the Property is changed for any
						reason other than
in the course of an exempt sale;
3.
The Owner fails to make any payment required by the
						Note;
4.
The holder of any lien on the Property starts
						foreclosure
proceedings; or
5.
Bankruptcy, insolvency or receivership proceedings
						are commenced by
or against the Owner.
Article 6. STATE'S RIGHTS UPON DEFAULT
If the State declares that the Note and this Mortgage are in
				default, the State shall have all of the rights given by law or set forth in this
				Mortgage.
Article 7. NOTICES
ALL NOTICES MUST BE IN WRITING AND PERSONALLY DELIVERED OR SENT BT
				CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO THE ADDRESSES GIVEN IN THIS MORTGAGE.
				ADDRESS CHANGES MAY BE MADE UPON WRITTEN NOTICE, MADE IN ACCORDANCE WITH THIS
				ARTICLE 7.
Article 8. NO WAIVER BY STATE
The State may exercise any right under this Mortgage or under any
				law, even if the state has delayed in exercising that authority, or has agreed in an
				earlier instance not to exercise that right. The State does not waive its right to
				declare the Owner is in default by making payments or incurring expenses on behalf
				of the Owner.
Article 9. EACH PERSON LIABLE
The Mortgage is legally binding upon each Owner individually and all
				their heirs, assigns, agents and designees who succeed to their responsibilities.
				The State may enforce any of the provisions of the Note and of this Mortgage against
				any one or more liable individual.
Article 10. SUBORDINATION
This Mortgage will not be subordinate, and will not be subordinated
				by the State, to any mortgage, refinancing, equity loan, secured letter of credit,
				or any other obligation secured by the Property, except with respect to (a) any such
				obligation which was duly recorded prior to the recording hereof, and (b) any such
				obligation which, when added to all other such obligations recorded against the
				Property, shall result in total debt secured by the Property being an amount less
				than the maximum resale price that would be applicable were the Control Period still
				in effect.
Article 11. SUBSEQUENT OWNERS
This Mortgage shall not be released, with respect to any subsequent
				owner who acquires the property through an exempt transfer unless the transferee
				shall execute a note and mortgage in the form of the Note and this Mortgage, and the
				same has been duly recorded.
Article 12. AMENDMENTS
No amendment or change to the Note and this Mortgage may be made,
				except in a written document signed by both parties and approved by the
				administrative agent appointed pursuant to
				5:80-26.1 et seq.
Article 13. SIGNATURES
By executing this Mortgage on page 3, hereof, the Owner agrees to
				all of its terms and conditions.
Article 14. ACKNOWLEDGEMENT
The Owner acknowledges receipt of a true copy of this Mortgage, at
				no charge to the State.
IN WITNESS WHEREOF, the Owner(s) has executed this Mortgage for the
				purposes stated herein.
ATTEST:
By:
......................
Signature
of (Owner)
Signature
(Co-Owner)
STATE OF NEW JERSEY
)
)
ss:
COUNTY OF ...........................
)
BE IT REMEMBERED, that on this the ...... day of ......., 20......
				the subscriber ...... appeared personally before me (If more than one person signed
				the foregoing mortgage and appeared before me, the words "the subscriber" and "the
				Owner" shall include all such persons) and who, being duly sworn by me, deposed and
				made proof to my satisfaction (i) that he/she is the Owner named in the foregoing
				mortgage and (ii) and that he/she has executed said mortgage with respect to the
				Property and for the purposes described and set forth therein.
Sworn to and subscribed before me, ...... on the date set forth
				above.
.......................................
NOTARY PUBLIC