[HISTORY: Adopted by the Township Committee of the Township of Ocean by Ord. No. 2005-35. Amendments noted where applicable.]
Except as otherwise provided in this section, any residential development in any zoning district in the Township shall provide one unit of affordable housing as defined in COAH's rules for every eight new market-rate units that are produced. Any fraction of 0.5% or above shall be rounded to the next higher number. Any subdivision or site plan proposing between three units and seven units shall be responsible for making a monetary contribution to the Township's affordable housing trust fund by multiplying the total number of new lots and/or units by the sum of $4,375. Such payment shall be in addition to the payment of affordable housing development fees and shall be due and owing at the time of execution of the subdivision plat or subdivision deeds and/or execution of the approved site plan by the Township.
All nonresidential development applications submitted to the Planning Board or Board of Adjustment shall be required to produce one non-age-restricted affordable housing unit meeting COAH's eligibility criteria for every 25 new jobs or employment opportunities created in the Township as a result of the proposed nonresidential development project. The calculation of the number of jobs and employment opportunities shall be in accordance with Appendix E to N.J.A.C. 5:94-1 et seq., entitled "UCC Use Groups for Projecting and Implementing Nonresidential Components of Growth Share." All calculations resulting in a number of jobs or housing units that is not a whole number shall be rounded to the next higher number if the result is 0.5 or greater. Any nonresidential development application that will produce less than 25 new jobs or employment opportunities pursuant to Appendix E, shall be responsible for making a monetary contribution to the Township's affordable housing trust fund by multiplying each new job that is produced by the sum of $1,400. Such payment shall be in addition to the payment of affordable housing development fees and shall be due and owing at the time of execution of the subdivision plat or subdivision deed and/or execution of the site plan by the Township.
The applicant may choose to satisfy its affordable housing production obligation(s) through the mechanisms permitted in COAH's rules, including, with Ocean Township's advanced written permission: on-site housing production in connection with residential projects; the purchase of one or more existing market-rate homes at another location in the community and their conversion to affordable price-restricted homes in accordance with COAH's criteria, regulations and policies; the funding of a regional contribution agreement (RCA); and/or participation in gut rehabilitation and/or buy-down/write-down, buy-down/rent-down programs. Evidence of compliance shall be produced to the Planning or Zoning Board at the time of application filing and shall be a condition of all "completeness" determinations. Thereafter, evidence of satisfaction of affordable housing compliance shall be an automatic condition of all approvals that must be satisfied prior to the issuance of the project's first building permit.
The affordable unit(s) to be produced pursuant to §§ 83-1, 83-2 and 83-3 of this chapter shall be available able to a low-income individual or household should only one affordable unit be required. Thereafter, each of the units shall be split evenly between low- and moderate-income individuals and households except in the event of an odd number, in which event the unit shall be a low-income unit. All affordable units shall strictly comply with COAH's rules and policies including, but not limited to, phasing, bedroom distribution, controls on affordability, range of affordability, affirmative marketing, income qualification, etc. It shall be the developer's responsibility, at its cost and expense, to arrange for a COAH and Township approved qualification service to ensure full COAH compliance and file such certifications, reports and/or monitoring forms as may be required by COAH or the court to verify COAH compliance of each affordable unit.
Residential inclusionary projects that were constructed in the affordable housing districts identified in the Township's COAH and/or judicially approved second-round housing element and fair share plan shall be exempted from the requirements of this chapter. However, a nonresidential growth share responsibility in accordance with this chapter shall be attributable to all nonresidential uses constructed in mixed-use and/or nonresidential projects in the Township's existing affordable housing districts. Moreover, all growth share affordable units produced by virtue of this chapter shall be exempted from the payment of residential affordable housing development fees. However, market-rate residential and nonresidential development fees shall remain due and owing pursuant to the Township's court-approved development fee ordinance, except for exempt residential inclusionary developments.
This chapter shall take effect upon final passage and publication according to law and filing with the Ocean County Planning Board in accordance with N.J.S.A. 40:55D-16.