[Added 7-18-2005 by Ord. No. 26-05;
amended 9-19-2005 by Ord. No. 35-05]
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Every development which increases the number
of affordable housing units that must be addressed by the Township's
housing element and fair share plan is subject to this article.
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The legislative intent and recitals set forth
in the preamble to Ordinance No. 35-05 (adopting this article) are
hereby adopted and incorporated by reference herein as if set forth
herein at length.
The provisions of this article shall apply to the following developments, subject to the exemptions in § 217-146.
A.
Any development which results in a net increase in
the number of market-rate dwelling units in the Township.
B.
Any development which results in a net increase in
the gross floor area of any nonresidential building in the Township
of the following use groups, as defined by the International Building
Code (IBC) [which has been incorporated by reference into the Uniform
Construction Code (UCC)]:
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Use Group
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Description*
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|---|---|---|
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B
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Office buildings. Places where business transactions
of all kinds occur. Includes banks, corporate offices, government
offices, professional offices, car showrooms and outpatient clinics.
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M
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Mercantile uses. Buildings used to display and
sell products. Includes retail stores, strip malls, shops and gas
stations.
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F
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Factories where people make, process or assemble
products. Includes automobile manufacturers, electric power plants,
foundries, and incinerators. F use group includes F1 and F2.
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S
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Storage uses. Includes warehouses, parking garages,
lumberyards and aircraft hangers. S group includes S1 and S2.
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H
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High hazard manufacturing, processing, generation
and storage uses. H group includes H1, H2, H3, H4 and H5.
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A1
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Assembly uses, including concert halls and TV
studios.
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A2
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Assembly uses, including casinos, night clubs,
restaurants and taverns.
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A3
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Assembly uses, including libraries, lecture
halls, arcades, galleries, bowling alleys, funeral parlors, gymnasiums
and museums but excluding houses of worship
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A4
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Assembly uses, including arenas, skating rinks
and pools.
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E
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Schools K - 12.
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I
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Institutional uses such as hospitals, nursing
homes, assisted living facilities and jails. I group includes I1,
I2, I3 and I4.
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R1
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Hotels and motels.
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*Note: The descriptions in the above table are
not intended to be exhaustive, and additional uses are or may be included
within the use group; in all cases, the IBC definitions control. The
inclusion of any use in the above table is not to be construed to
mean that such use is permitted in the Township or in any particular
zoning district; such use shall only be permitted in accordance with
the balance of the provisions in the Land Use Ordinance.
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Notwithstanding the provisions of § 217-145 above, the following developments shall be exempt from the provisions of this article:
A.
Market rate dwelling units within developments that
provide affordable housing units in accordance with the housing element
of the Township Master Plan and the Township's fair share plan regulations,
in accordance with either the first- or second-round rules of the
Council on Affordable Housing and in accordance with the applicable
affordable housing requirements of the respective zone districts;
provided, however, that such exemption shall only apply to the number
of market rate dwelling units in the development that do not exceed
a ratio of four market rate units for every one affordable unit in
the development.
B.
Developments of federal, state, county and municipal
governments, but not including developments of school districts
C.
Developments that received preliminary or final site
plan approval from the Planning Board and/or Board of Adjustment,
as applicable, prior to July 28, 2005.
[Amended 9-18-2006 by Ord. No. 17-06]
D.
Developments that result in the construction of an apartment as accessory to a single-family use for use by disabled individuals or individuals age 55 or older who are related to the owners of the property provided that the apartment is restricted by deed, in form satisfactory to the Township Attorney. Any such development shall remain subject to the provisions of Chapter 111, Article VII, Development Fees and Affordable Housing Contribution, of the Revised General Ordinances of the Township of Washington.
[Added 4-17-2006 by Ord. No. 04-06]
E.
Agricultural developments that result in the construction of an apartment as accessory to a single-family use as housing for farm laborers as provided under § 217-40. Any such development shall remain subject to the provisions of Chapter 111, Article VII, Development Fees and Affordable Housing Contribution, of the Revised General Ordinances of the Township of Washington.
[Added 2-19-2007 by Ord. No. 7-07]
Prior to or as a condition precedent to the
grant of any approval of a development application by the Planning
Board, Board of Adjustment, Zoning Officer or Construction Official,
as applicable, the developer shall be required to comply with the
requirements of this article and to enter into an agreement with the
Township Committee, in order to address the effect of the development
upon the Township's affordable housing obligation, in accordance with
the following requirements:
A.
Residential development.
(1)
A net increase (new construction less demolition)
of every eight market rate dwelling units, or fraction thereof, shall
increase the obligation of the Township by one affordable housing
unit, or fraction thereof.
(3)
For every whole unit of increase in the Township's
obligation, one affordable unit shall be developed on the site or
tract being developed, in accordance with the applicable zoning regulations.
(4)
For every fractional unit of increase in the
Township's obligation, the developer shall have the option to:
(5)
None of the foregoing shall be construed as
increasing the permitted density above that which the zoning regulations
would otherwise permit for the development.
B.
Nonresidential development.
(1)
A net increase due to development, as defined
in this chapter, of every 25 estimated jobs, or fraction thereof,
shall increase the obligation of the Township by one affordable housing
unit, or fraction thereof. The number of estimated jobs shall be based
on the gross floor area in square feet of new buildings or additions
to existing buildings, less the gross floor area of any building to
be demolished on the site, and on the use group of the development,
in accordance with the following table:
|
Use Group
|
Description
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Square Feet of Gross Floor Area Generating
Obligation of One Affordable Unit
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Jobs Per 1,000 Square Feet
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|---|---|---|---|
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B
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Office buildings. Places where business transactions
of all kinds occur. Includes banks, corporate offices, government
offices, professional offices, car showrooms and outpatient clinics.
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8,333
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3
|
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M
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Mercantile uses. Buildings used to display and
sell products. Includes retail stores, strip malls, shops and gas
stations.
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25,000
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1
|
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F
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Factories where people make, process or assemble
products. Includes automobile manufacturers, electric power plants,
foundries and incinerators. F use group includes F1 and F2.
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12,500
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2
|
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S
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Storage uses. Includes warehouses, parking garages,
lumberyards and aircraft hangers. S group includes S1 and S2.
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125,000
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0.2
|
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H
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High hazard manufacturing, processing, generation
and storage uses. H group includes H1, H2, H3, H4 and H5.
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25,000
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1
|
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A1
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Assembly uses, including concert halls and TV
studios.
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12,500
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2
|
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A2
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Assembly uses, including casinos, night clubs,
restaurants and taverns.
|
8,333
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3
|
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A3
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Assembly uses, including libraries, lecture
halls, arcades, galleries, bowling alleys, funeral parlors, gymnasiums
and museums but excluding houses of worship.
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8,333
|
3
|
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A4
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Assembly uses, including arenas, skating rinks
and pools.
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8,333
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3
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A5
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Assembly uses, including bleachers, grandstands,
amusement park structures and stadiums.
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Exclude
|
Exclude
|
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E
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Schools K - 12.
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25,000
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1
|
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I
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Institutional uses, such as hospitals, nursing
homes, assisted living facilities and jails. I group includes I1,
I2, I3 and I4.
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12,500
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2
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R1
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Hotels and motels.
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31,250
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0.8
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U
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Miscellaneous uses. Fences, tanks, barns, agricultural
buildings, sheds, greenhouses, etc.
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Exclude
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Exclude
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(2)
For every unit increase, or fraction thereof, in the Township's affordable housing obligation resulting from the development, the developer shall be required to increase the number of affordable housing units in the Township by an equal number, as set forth in Subsection B below.
(3)
For every unit increase, or fraction thereof,
in the Township's affordable housing obligation resulting from the
development, the developer shall have the option to:
(a)
Develop an affordable unit at another location
in the Township, in accordance with the applicable zoning regulations;
and/or
(b)
Pay a fee to the Township in accordance with § 217-149. In the case of a fractional unit obligation, the developer shall have the option to develop an affordable unit at another location in the Township, in accordance with the applicable zoning regulations, and to claim a credit for any resulting fractional surplus, or to pay a fee to the Township in accordance with § 217-149.
(4)
None of the foregoing shall be construed as
increasing the permitted floor area ratio or density above that which
the regulations for the zone district would otherwise permit for the
development.
All affordable housing units shall be subject to the requirements of this chapter that apply to comparable market rate housing units of the same type in the same zone district. In addition, affordable housing units provided pursuant to this section shall be subject to the requirements set forth in Article VIII of this chapter and the following:
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 developer, in cooperation with the Township Committee,
shall:
(1)
Demonstrate capacity to administer the units
in accordance with the Uniform Housing Affordability Controls, N.J.A.C.
5:80-26.
(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. For example, in each affordable development, at
least 50 percent 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 or 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. For example:
(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.
(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.
(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.
(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.
[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)
Comply with all other applicable requirements
of the substantive rules of the New Jersey Council on Affordable Housing,
N.J.A.C. 5:94, and the Uniform Housing Affordability Controls, N.J.A.C.
5:80-26.
When approved by the Planning Board, Zoning
Board or Township Committee, in the case of permit applications not
before a board, a developer may make a payment to the Township in
lieu of developing affordable housing units under the following conditions:
A.
The amount of payments in lieu of constructing affordable units shall be negotiated between the applicable authority and the developer. The amount of the payment shall be based upon the cost to the Township to create, or subsidize the creation of, the same number, or fraction thereof, of affordable housing units within the Township as the increased obligation resulting from the development, using any of the methods permitted by the New Jersey Council on Affordable Housing (COAH) as set forth in Subsection B below. Both hard and soft costs shall be included in the calculation. The applicable authority shall require the preparation of a pro-forma to confirm that the payment is accurate and based upon realistic costs within the Township to create such affordable units, and the applicable authority may submit such pro-forma for review by a third party retained by the applicable authority.
B.
Payments in lieu of constructing affordable units
on site shall only be used to fund eligible affordable housing activities
within the Township, in accordance with COAH's substantive rules at
N.J.A.C. 5:94-4.5, 5:94-4.6 and 5:94-4.8 through 5:94-4.15, provided
that such activities are eligible for credit against the Township's
affordable housing obligation, comply with all applicable requirements
of COAH's substantive rules and comply with the zoning regulations
of the Township.
C.
Payments in lieu of constructing affordable units shall be deposited in a separate interest- bearing housing trust fund or deposited in the Housing Trust Fund established pursuant to Chapter 111, Article VII, 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 Finance 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 approved, 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 § 217-149A. 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.
