[Added 12-11-1989 by Ord. No. 89-10;
amended in its entirety 12-4-2006 by Ord. No. 2006-14]
This article of the land use and development
regulations of Franklin Township sets forth mechanisms by which developers
shall provide for a fair share of affordable housing based on growth
that is associated with residential development taking place within
Franklin Township.
A.
Applicability. The provisions of this section shall apply to the following developments, subject to the exemptions in Subsection B:
(1)
Any development in the RC/Rural Conservation and R-75/Village
Residential Zone Districts which results in a net increase in the
number of market-rate dwelling units in the Township of Franklin.
B.
Exemptions. Notwithstanding the provisions of Subsection A, the following developments shall be exempt from the provisions of this section:
(1)
Developments that received either preliminary or final
site plan and/or subdivision or minor subdivision approval prior to
the effective date of this article.
C.
Submission of affordable housing plan. The applicant
for a development approval shall submit an affordable housing plan
with the initial application for completeness. The affordable housing
plan shall specify the manner in which the applicant will address
the affordable housing obligation, as permitted by ordinance. The
plan shall demonstrate consistency with the requirements as set forth
in this article. Compliance with the terms of COAH's rules and the
approved plan shall be a condition of any development approval that
is granted.
Prior to or as a condition precedent to the
grant of any approval of a development application by the Land Use
Board or Zoning Officer or Construction Official, as applicable, the
developer shall be required to comply with the requirements of this
section and to enter into an agreement with the Township Committee,
in order to address the affect of the development upon the Township's
affordable housing obligation, in accordance with the following requirements:
A.
Residential development.
(1)
An increase of every eight market-rate dwelling units,
or fraction thereof, shall increase the obligation of the Township
of Franklin by one affordable housing unit, or fraction thereof.
(3)
For every whole unit of increase in the Township's
obligation resulting from the residential development one affordable
unit shall be developed on the site or tract being developed or, subject
to review and approval by the Land Use Board, at another location
within the Township in accordance with the applicable zoning regulations.
(4)
For developments that result in a number of market-rate residential units not evenly divisible by eight, the developer may construct one additional affordable unit to satisfy the fractional requirement on the site being developed or at another location in the Township of Franklin in accordance with the applicable zoning regulations, or make a payment in lieu of construction of the additional affordable unit in accordance with § 90-68.
(5)
If the affordable unit(s) is constructed on site,
the affordable unit(s) shall not be included in the calculation of
density as established for the zone district in question.
All affordable housing units shall be subject
to the requirements of the Land Use and Development Ordinance that
apply to comparable market-rate housing units of the same type in
the same zone district, except for the provision set forth in Subsection
C(2). In addition, affordable housing units provided pursuant to this
section shall be subject to the following requirements:
A.
All affordable units to be created shall be eligible
for credit against the Township's affordable housing obligations and
to that end shall comply with all applicable regulations of the New
Jersey Council on Affordable Housing. No age-restricted affordable
units and/or affordable sales units may be credited in excess of the
number of such units permitted to be credited within the Township
by such regulations.
B.
The development shall demonstrate compliance with
the following standards:
(1)
A mechanism to administer the units in accordance
with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1
et seq.
(2)
Demonstrate that the units will have a low/moderate-income
split in accordance with the Uniform Housing Affordability Controls,
N.J.A.C. 5:80-26.1 et seq. For example, in each affordable development,
at least 50% of the restricted units within each bedroom distribution
shall be low-income units and the remainder may be moderate-income
units. Where an odd number of affordable units are required to be
provided, a majority of the units shall be low-income units.
(3)
Demonstrate that the rents and sale prices of affordable
units shall be established in accordance with N.J.A.C. 5:94-7 and
with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.3,
as follows:
(a)
The maximum rent for affordable units within
each affordable development shall be affordable to households earning
no more than 60% of median income. The average rent for low- and moderate-income
units shall be affordable to households earning no more than 52% of
median income. The developers and/or municipal sponsors of restricted
rental units shall establish at least one rent for each bedroom type
for both low-income and moderate-income units, provided that at least
10% of all low- and moderate-income units shall be affordable to households
earning no more than 35% of median income.
(b)
The maximum sales price of restricted ownership
units within each affordable development shall be affordable to households
earning no more than 70% of median income. Each affordable development
must achieve an affordability average of 55% for restricted ownership
units. In achieving this affordability average, moderate-income ownership
units must be available for at least three different prices for each
bedroom type, and low-income ownership units must be available for
at least two different prices for each bedroom type, insofar as is
possible given the number of affordable units in the development.
(4)
Demonstrate that the units will be affirmatively marketed
in accordance with N.J.A.C. 5:94-7 and with the Uniform Housing Affordability
Controls, N.J.A.C. 5:80-26.1 et seq.
(5)
Demonstrate that the units will have the appropriate
controls on affordability in accordance with N.J.A.C. 5:94-7 and with
the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et
seq.
(6)
Demonstrate that the units will have the appropriate
bedroom distributions in accordance with the Uniform Housing Affordability
Controls, N.J.A.C. 5:80-26.1 et seq.
(a)
Affordable developments that are not age-restricted
shall be structured in conjunction with realistic market demands such
that:
[1]
The combined number of efficiency and one-bedroom
units is no greater than 20% of the total low- and moderate-income
units;
[2]
At least 30% of all low- and moderate-income
units are two-bedroom units;
[3]
At least 20% of all low- and moderate-income
units are three-bedroom units; and
[4]
The remainder, if any, may be allocated at the
discretion of the developer.
[5]
Where there are an insufficient number of affordable
units provided to meet the above bedroom distribution, the first unit
shall be a two-bedroom unit, the second unit shall be a three-bedroom
unit and the third unit shall be a one-bedroom unit.
(b)
Age-restricted low- and moderate-income units
may utilize a modified bedroom distribution. At a minimum, the number
of bedrooms shall equal the number of age-restricted low- and moderate-income
units within the affordable development. The standard may be met by
creating all one-bedroom units or by creating a two-bedroom unit for
each efficiency unit.
(7)
Compliance with the requirements regarding accessible
townhouse units in accordance with N.J.A.C. 5:94-4.21.
(8)
Compliance with all other applicable requirements
of the substantive rules of the New Jersey Council on Affordable Housing.
N.J.A.C. 5:94-1.1 et seq., and the Uniform Housing Affordability Controls,
N.J.A.C. 5:80-26.1 et seq.
C.
General provisions for construction affordable units.
(1)
To the greatest extent possible, affordable housing
units being provided within inclusionary developments shall be disbursed
throughout inclusionary developments and shall be located within buildings
designed to be architecturally indistinguishable from the market-rate
units within the development. This shall include, but is not limited
to, matching the scale, massing, roof pitch and architectural detailing,
e.g., exterior materials, doors, windows, of the buildings containing
the affordable housing units.
(2)
The affordable unit(s) may be designed as one- or
two-family dwellings. Where the latter is utilized, it shall be deemed
to be a permitted use in the underlying zone when created for the
purpose of meeting the growth share obligation.
When approved by the Land Use Board pursuant to § 90-66A(4), a developer may make a payment to the Township in lieu of developing the fractional housing unit under the following conditions:
A.
The amount of the payment in lieu to construct the
fractional affordable unit shall be based upon the subsidy required
to create one affordable unit which shall be $140,920. This amount
of the subsidy payment shall be updated on an annual basis.
[Amended 10-1-2007 by Ord. No. 2007-17]
B.
Payments in lieu of constructing a fractional affordable
unit on site shall only be used to fund eligible affordable housing
activities within Franklin Township in accordance with an approved
spending plan and comply with all applicable requirements of N.J.A.C.
5:94.1 et seq., and comply with all land use and development regulations
of the Township and the provisions set forth in this article.
C.
Payments in lieu of constructing a fractional affordable
unit shall be deposited in a separate interest-bearing housing trust
fund or deposited in the housing trust fund established pursuant to
N.J.A.C. 5:94-6.11(a) and shall at all times be identifiable from
development fees. No funds shall be spent by the Township until and
unless COAH has approved a spending plan for such funds. The Chief
Financial Officer shall maintain a record of the amount deposited
in the account, plus interest, and shall make such record available
for public inspection upon request.
D.
In the event that a developer makes such a payment but then does not proceed to develop the project that resulted in the affordable housing obligation, the developer may request a refund of the payment. Such request shall be made in writing to the Township Committee. If requested, the Township shall refund such fee, plus any interest in the account resulting from the payment, less any administrative expenses required to administer the account. Any refund issued by the Township shall be construed as a failure of the applicant to satisfy a condition precedent to the development approval and shall therefore terminate any and all rights to such development. The developer may reinstate such rights by making a new payment, with the amount of such payment to be renegotiated as set forth in § 90-68A. The foregoing shall not be construed to extend or otherwise alter any rights to proceed with the development as established by the New Jersey Municipal Land Use Law, the rules of the New Jersey Council on Affordable Housing or other applicable law.
The PD Planned Development Option Zoning District
is hereby established, consisting of the lands known as "Block 26,
Lot 3," on the Township Tax Map. In the PD Zoning District, the provisions
of the R-1.5-1 Zoning District shall apply, except that, as an option
to development under the provisions of the R-1.5-1 Zoning District,
the following provisions shall also apply, provided that the whole
of said Lot 3 is developed under the following provisions:
A.
The intent of this option is to provide for a planned
unit development under N.J.S.A. 40:55D-1 et seq. which includes both
commercial and multifamily residential uses on a tract served by public
water and an on-site central wastewater treatment plant. This option
is intended to facilitate the construction of seven units of affordable
housing and the efficient delivery of municipal services.
B.
Development under this option shall be considered
a planned unit development as a permitted principal (and not a conditional)
overall use, consisting of a residential cluster development and a
commercial area, designed to be developed under the ratio of residential
to commercial development described below and comprising the whole
of the tract of 59.6964 acres constituting this PD Zoning District.
The approving authority shall, prior to approving development, find
the facts and conclusions required by N.J.S.A. 40:55D-45.
C.
The commercial area of the planned unit development
shall be located only on land situated within 400 feet of the southerly
right-of-way line of New Jersey State Highway 57 (as measured perpendicularly
to said right-of-way line). The residential cluster development area
of the tract shall be located only on land situated over 400 feet
from such southerly right-of-way line (also measured perpendicularly
as aforesaid). The residential cluster development shall consist of
120 dwelling units, of which at least seven shall be lower-income
restricted dwelling units as described below. The dwelling units shall
all be townhouses, except that the lower-income restricted units may
be flats. While the developer may elect to have the residential cluster
development consist of fewer than 120 dwelling units, it shall in
all events consist of at least seven lower-income restricted dwelling
units. The commercial area shall contain no more than a maximum of
129,000 square feet of floor area of buildings (arrived at as a ratio
of 1,075 square feet of floor area of buildings per dwelling unit
permitted in the residential cluster development).
D.
The following provisions shall apply to the residential
cluster development:
(2)
Accessory uses to the above residential uses and public
open space uses, including recreational facilities and structures
for the use and enjoyment of the residents and owners of the residential
cluster dwelling units, private attached garages with a capacity of
not over two automobiles per unit, private storage sheds attached
to the side or rear of residential dwelling units, common off-street
parking facilities, streets and driveways, fences and signs (subject
to the limitations below). Any structure accessory to an individual
dwelling unit shall be attached to the unit.
(3)
Minimum distance requirements.
(a)
There shall be the following minimum distances
between buildings in the residential development:
|
Location
|
Minimum Distance
(feet)
| |
|---|---|---|
|
Front to front of buildings
|
75
| |
|
Rear to rear of buildings
|
40
| |
|
End to end of buildings
|
30
| |
|
Any building face to any curb or right-of-way
of any internal street
|
20
| |
|
Any building face to common parking area
|
12
|
(b)
Decks and porches (but not patios) shall be
considered part of the wall of the building for the above calculations.
The corner of a building offset by more than a twenty-degree angle
from a line drawn parallel to another building shall be considered
the end of the building.
(c)
In the event that it is demonstrated to the
approving authority that, because of constraints imposed by the shape,
topography or environmental characteristics (such as wetlands or floodplains)
of the portion of the tract on which residential development is permitted,
it is impossible to accommodate 120 dwelling units by a reasonable
design, the approving authority shall relax the above minimum distance
requirements, in individual instances and in a reasonable manner,
so as to accommodate 120 dwelling units.
(4)
No building, driveway or parking area shall be located
within 35 feet of the existing tract boundary. No building containing
a dwelling unit shall be located closer than 350 feet to any public
street existing at the time of the adoption of this provision.
(5)
The maximum lot coverage, applied to the residential
cluster development, including the common open space, but not any
public open space, shall be 40% of the total area of such portion
of the tract.
(6)
The maximum building height shall be 35 feet. No dwelling
unit shall have more than two stories, plus an attic or loft and a
basement, which shall be all or partly below grade.
(7)
The minimum floor area for individual dwelling units
shall be as follows:
|
Number of Bedrooms
|
Minimum Floor Area
(square feet)
| |
|---|---|---|
|
1 or efficiency
|
550
| |
|
2
|
660
| |
|
3
|
850
| |
|
Each additional bedroom
|
250 additional
|
(8)
Each dwelling unit shall be at least 18 feet wide.
(9)
There shall be at least two parking spaces provided
for each dwelling unit and parking spaces for guest parking at a ratio
of one parking space for each four dwelling units. Parking shall be
in areas specifically designated for parking, and no required parking
areas shall be designated along interior streets. All required parking
for a dwelling unit shall be located within 150 feet of the unit.
A driveway specifically designed to serve a single unit may count
as a parking space if it is at least 20 feet long.
(10)
No residential building shall be more than 150
feet long.
(11)
All telephone, electric and cable television
utility lines serving the development shall be installed underground.
(12)
Sufficient area and equipment shall be made
available within each building for the laundering and artificial drying
of laundry of occupants of each building. Dwelling units shall have
access to a master television antenna system, and individual units
shall not erect individual external television antennas. Garbage and
trash storage and pickup and other utility areas must be provided
and shall be located with view both to convenience and to minimizing
the detrimental effect on the aesthetic character of the building(s)
and shall be enclosed and shielded from view by fencing, walls or
shrubbery of at least six feet in height around the perimeter. Fencing
and walls shall be not more than 50% open on the vertical surface.
(13)
Each dwelling unit and combined complex of dwelling
units shall have a compatible architectural theme, with variations
in design to provide aesthetic enhancement to the development, which
shall include consideration of landscaping techniques, building orientation
to the site and to other structures, topography, natural features
and individual dwelling unit design (such as varying unit widths,
staggering unit setbacks, providing different exterior materials,
changing rooflines and roof designs, altering building heights) singularly
or in combination for each dwelling unit. The developer shall allow
the Township Land Use Board to make a recommendation as to the architectural
style (meaning simply the general architectural motif of the units,
e.g., modern as opposed to colonial) of the residential development.
The developer shall notify the Board at least 60 days in advance of
the developer's submission of a site plan approval application for
the development so that the Board may make such recommendation. The
developer shall follow such recommendation, provided that it is received
by the developer within 40 days after such notice and the Board's
recommendation is reasonable.
[Amended 12-9-2002 by Ord. No. 2002-14]
(14)
All signs shall comply with the provisions of § 90-59 of this chapter.
[Amended 11-29-1993 by Ord. No. 93-7]
(15)
Privacy fences may be maintained in the rear
of dwelling units between individual units, provided that they are
located within 15 feet of the building and are not over six feet high.
Other fences may be located as required to shield garbage and trash
storage facilities and utilities, in buffers, and to provide appropriate
security to common recreational and community facilities, wastewater
treatment facilities and the like. No fences shall be located so as
to obstruct the view of traffic.
(16)
All sanitary sewage generated by the development
shall be discharged to and treated by an on-site wastewater treatment
facility conforming to the requirements of the New Jersey Department
of Environmental Protection (NJDEP). The Township shall agree to be
copermittee, if required by the NJDEP, for such an on-site wastewater
treatment facility, provided that there is given to the Township,
through the developer or the homeowners' association for the residential
cluster development, written agreement to indemnify and hold harmless
the Township, together with an appropriate indemnity bond (or other
security if acceptable to the Township) as to any and all claims,
damages and penalties arising out of the operation of such wastewater
treatment facility and its collection system. All water for dwelling
units shall be supplied by a central water supply system connected
to a water utility company serving the development.
(17)
Common open space of the development shall be owned and maintained by an organization complying with the provisions of N.J.S.A. 40:55D-43 and, except to the extent contradictory to provisions of this § 90-69, with the provisions of § 90-54 of this chapter. All documents pertaining to such organization shall be approved by the approving authority attorney, which approval shall be either accomplished before final site plan approval or as a condition of such approval.
(18)
Dwelling units may be subdivided with land encompassing
them into fee-simple lots, and the lot and yard dimensions encompassing
them may be freely disposed and arranged in the residential cluster
development, provided that they are superimposed upon an approved
site plan and the following provisions are met:
(a)
The boundaries of any such lot shall not infringe
upon any common open space areas, nor be closer than five feet to
any driveway not used for exclusive access to the involved unit or
parking lot area (unless within such five-foot easements for necessary
utilities maintenance and sidewalks are provided).
(b)
Such lot line is located at least 35 feet from
the tract boundary.
(19)
At least 26% of the overall area of the PD Zoning
District shall be devoted to either common open space or public open
space (but no more or less than 26% of the same if it is in public
open space) in accordance with one of the following two options, which
may be finally exercised by the developer upon the grant of final
site plan approval for the residential cluster development, with all
conditions of such approval having been met (aside from the conditions
regarding compliance with Option A just below) and the forty-five-day
time period for appeal of such approval having expired with no appeal
having been taken or the appeal having been finally resolved in a
manner which permits such development; provided, however, that the
plat so approved includes the design and all other features of the
option exercised and that they comply with the provisions of this
chapter:
(a)
Option A. An option to convey the whole of such
open space or a portion thereof constituting at least 26% of the overall
area of the PD Zoning District (with the balance thereof if any, being
common open space) to the Township as public open space within 30
days of the final and unappealable approval referenced above, with
the Township to construct thereon to the extent the Township deems
appropriate and maintain public recreational facilities at Township
expense, in which case the developer may reserve an easement for a
reasonable privately maintained access road through this public open
space. Such public open space shall be one contiguous area having
frontage on the Asbury-Broadway Road which is suitable for road access
to such public open space, and such public open space may partly be
located in the area of the tract which is within 400 feet of the southerly
right-of-way line of Route 57.
(b)
Option B. An option to reserve the whole of
such open area as common open space with the developer to construct,
at the developer's expense, and the open space organization to maintain,
the following recreational facilities for use and enjoyment of residents
and occupants of the residential development: at least four tennis
courts, a swimming pool, a baseball field, two soccer fields, two
basketball courts, recreational facilities suitable for small children,
including but not limited to swing sets, slides and jungle gyms, sand
boxes, seesaws and benches for parents, an outdoor ice-skating rink,
a picnic pavilion, rest rooms, a recreational equipment shed and a
recreation hall with kitchen, rest rooms and all-purpose rooms suitable
for indoor sports such as basketball, meetings, parties and plays.
(c)
In the event that Option A just above is selected
by the developer, the Township agrees to accept the public open space
conforming to the above requirements, provided that good and unencumbered
title thereto is tendered. In the event that the Township refuses
tender of the same meeting such requirements, the developer shall
not have the obligations under Option B just above. In the event that
Option A is selected, there may also be common open space, containing
recreational facilities whose nature is selected by the developer,
as part of the residential development but not located on public open
space.
(d)
The uses proposed for the common open space
shall be appropriate to the scale and character of the residential
development, considering its natural features, size, land use intensity,
potential population and number and types of dwelling units. Whenever
possible, common open space shall be designed as a contiguous area
interspersed with residential areas, with pedestrian and visual access
available to residents of the development.
(20)
As to the seven dwelling units restricted for
lower-income occupancy, the following provisions shall apply:
(a)
Four of the units shall be set aside for low-income
households and three for moderate-income households.
(b)
The bedroom mix and pricing stratification among
the low and moderate-income units shall be as follows:
(c)
The developer shall ensure that the lower income-restricted
dwelling units are affordable to an adequate range of low- and moderate-income
households by pricing the units within COAH requirements so that the
average sale price is affordable as best as is practicable to households
at 57.5% of the median income, as defined by HUD guidelines. The location
and pricing structure of the individual lower-income restricted units
shall be established prior to final site plan approval and shall be
in accordance with COAH requirements pertaining at the time, which,
if different from the above requirements, shall supersede them.
(d)
The developer shall determine the location and
phasing of such units relative to the market units, provided that
before the issuance of the 62nd construction permit for all dwelling
units, four lower-income restricted units shall have been completed.
(e)
All such lower-income restricted units shall
be subject to the affirmative marketing, eligibility control and all
other applicable provisions of the Township's ordinance establishing
an Affordable Housing Board, etc.[1] All documents to be utilized by the developer in satisfaction of all requirements of this Subsection D(20) shall be submitted to and initially approved by the approving authority attorney prior to final site plan approval for any of the residential development, but the final approval of such documents may be a condition of such final site plan approval to allow for New Jersey Department of Community Affairs and COAH approval, if required.
(21)
The approving authority, with the cooperation
of the developer, shall expedite the processing of development applications
for the residential cluster development containing lower-income restricted
dwelling units.
(22)
Notwithstanding any provisions to the contrary in § 90-27 of this chapter, the filing fees and review deposit for preliminary major site plan approval for the residential cluster development shall be as follows:
(a)
Filing fee: $700, plus $20 per unit for the
first 10 units, $15 per unit for the next 90 units and $10 per unit
for units over $100.
(b)
Review deposit: $100 per unit for the first
20 units, plus $75 per unit for units over 20.
(c)
There shall be no approving authority fees for
site plan and/or subdivision approval with respect to the seven lower-income
restricted dwelling units.
E.
The following provisions shall apply to the commercial
area:
(1)
The provisions of the C-1 Village Commercial Zoning
District shall apply, except as modified below.
(2)
The following principal uses are permitted:
(3)
The following conditional use is permitted: automobile
service station.
(4)
Accessory uses to the foregoing permitted principal
uses and conditional use are permitted, including off-street parking
and loading, signs, surface water management facilities and fences.
(5)
A minimum eighty-foot-wide vegetated buffer, designed
and constructed to provide an effective screen between the commercial
area and the area of the tract designated for residential development,
shall be provided across the rear of the portion of the tract designated
for commercial development; such buffer shall be free of structures
but may contain a screened surface water detention area and appurtenances
and an effluent recharge area from an on-site wastewater treatment
facility serving the commercial and residential development on the
tract. The buffer area shall count toward area and bulk requirements
for the C-1 Zoning District, as modified herein.
(6)
The maximum improved lot coverage shall be 70% [or less, if the lot is subject to a lesser percentage as required under Subsection E(7) just below], the intention being that the overall improved lot coverage pertaining in the commercial area shall not exceed 60%.
(7)
It is recognized that the development of the commercial
area may need to proceed by lot or lots, as the need for commercial
development occurs. Consequently, there may be proposed to the approving
authority and approved by it development for a lot or lots in the
commercial area, without the whole of the commercial area at one time
receiving development approval, provided that the applicant for approval
of a portion of the commercial area submits to the approving authority
a conceptual plan conforming to the requirements of this chapter for
development of the portion of the commercial area which has not yet
received development approval. Such conceptual plan shall not, however,
be binding, although there shall be installed in such remaining portion
of the commercial area any improvements (such as, but not limited
to, detention facilities and buffers) required as part of the approval
for the portion being developed. The commercial area shall contain
no more than an overall 129,000 square feet of floor area of buildings
and an overall sixty-percent maximum improved lot coverage (applicable
to the whole of the area of the tract lying within 400 feet of the
southerly right-of-way line of Route 57, said tract and said right-of-way
line being those existing at the adoption of this article). At the
time a development of a portion (less than all) of the commercial
area receives development approval, there shall be imposed on the
balance of the commercial area deed covenants or restrictions which
will guarantee that the foregoing overall maximum building floor area
and improved lot coverage limitations will not be exceeded. No subdivision
of the commercial area shall occur without such deed covenants or
restrictions being imposed.
(8)
Off-street parking shall be permitted in the front
yard setback but no less than 10 feet outside the highway right-of-way
line.
(9)
More than one permitted principal use and principal
building may be located on a lot.
F.
The developer of the residential cluster or the commercial
area (or the first portion thereof to receive development approval)
shall, prior to or as a condition of final site plan and/or subdivision
approval for the development, have paid or agree, in writing, to pay:
(1)
In recognition that a wastewater management plan for
the Township is important to facilitate a wastewater treatment facility
serving the seven lower-income restricted units, a contribution of
$7,000 toward the preparation of such a wastewater management plan,
to be paid prior to the award of the contract for the preparation
of such plan and prior to or as a condition of such final approval
(unless such contribution of $7,000 has already been made pursuant
to a mediation agreement entered between the Township and Cohn Construction
Company).
(2)
The following contributions to the Township's Housing
Rehabilitation and Assistance Fund (which shall be secured by an appropriate
letter of credit or deposit of cash with the Township):
(a)
Twenty thousand dollars, to be paid upon the
issuance of the first certificate of occupancy for any structure in
commercial or residential development in the PD Zoning District.
(b)
An additional $20,000, to be paid upon the issuance
of the 50th certificate of occupancy for structures in commercial
and residential development in said zoning district.
(c)
An additional $20,000, to be paid upon the issuance
of the 100th certificate of occupancy for structures in commercial
and residential development in said zoning district.
