Township of Marlboro, NJ
Monmouth County
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Table of Contents
Table of Contents
[Added 6-1-2006 by Ord. No. 2006-16]

§ 70-26 Quantification of affordable housing obligation for residential developers.

Except as otherwise provided in this article, in those circumstances where an applicant seeks to develop land for residential purposes in all zones and receives no right to increased density or other compensatory bonus, said applicant shall produce and develop on site one residential unit of housing affordable to low- and moderate-income households for every eight market rate residential units constructed (11.11%). In the event 11.11% of the total units should result in a fraction equaling 1/2% or greater, the affordable housing obligation shall be rounded to the next higher number. Affordable housing shall be as defined under the FHA's and COAH's regulations. Applicants seeking to develop projects comprised of less than eight residential units are not subject to this Article IV. However, proposed projects that contain less than eight residential units must comply with the Township's Mount Laurel Development Fee Ordinance in its current form or any future form.

§ 70-27 Satisfaction of affordable housing obligation of residential developers.

A. 
For residential developments of eight or more residential units, an applicant shall satisfy its affordable housing production obligation through on-site housing production in connection with the residential project, which is one of the mechanisms permitted pursuant to COAH's regulations.
B. 
The other alternative mechanisms permitted under COAH's regulations include 1) the purchase of an existing market rate home at another location in the community and its conversion to an affordable price-restricted home in accordance with COAH's criteria, regulations and policies; and/or 2) contributing to the Housing Trust Fund at a rate of 1% of the equalized assessed value of the new construction of residential development; and/or 3) providing a payment in lieu of affordable housing unit construction at a rate of at least $200,000 per affordable housing unit, which the Township may negotiate with the nonresidential developer pursuant to COAH regulations, whichever amount is greater. An applicant shall only be entitled to satisfy its affordable housing obligation via one or more of the alternative mechanisms set forth above if the applicant demonstrates to the Planning Board or the Zoning Board that the requirement to construct one affordable residential unit for every eight market rate residential units on site constitutes a taking of the applicant's property without just compensation pursuant to applicable legal standards.
C. 
Before the applicant's development application for final site plan or subdivision approval is deemed complete consistent with the Municipal Land Use Law and the Marlboro Township Zoning Ordinances,[1] the applicant must secure written permission from the Marlboro Township Planning Board or Zoning Board as to the exact manner in which alternative mechanism(s) will be used to achieve the creation of one affordable residential unit for every eight market rate residential units.
[1]
Editor's Note: See Ch. 220, Land Use and Development.
D. 
Full and complete satisfaction of compliance with the affordable housing requirements of the development shall be a specific, automatic, essential and nonseverable condition of all land use approvals. Pursuant to this condition, the applicant must demonstrate that it has satisfied the Planning Board's or Zoning Board's affordable housing condition of approval prior to obtaining the first building permit, and compliance with the affordable housing condition shall be a continuing condition of all Planning Board or Zoning Board approvals for development.

§ 70-28 Quantification of affordable housing obligation for nonresidential developers.

Except as otherwise provided in this article, in those circumstances where an applicant seeks to develop land for nonresidential purposes in all such zones, the developer shall provide one non-age-restricted affordable residential unit for every 25 jobs projected to be created by its development. 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."

§ 70-29 Permissible manner of satisfaction of affordable housing obligation of nonresidential developers.

A. 
For all nonresidential development, the applicant may satisfy its affordable housing production obligation through the various mechanisms COAH regulations authorize, including 1) on-site housing production in connection with a residential component of the project; 2) the purchase of an existing market rate home at another location in the community and its conversion to an affordable price-restricted home in accordance with COAH's criteria, regulations and policies; 3) providing a payment in lieu of affordable housing unit construction at a rate of at least $200,000 per affordable housing unit; and/or 4) contributing to the Housing Trust Fund at a rate of 2% of equalized assessed value of the new construction for nonresidential development, which the Township may negotiate with the nonresidential developer pursuant to COAH regulations, whichever amount is greater.
B. 
The applicant shall present its planned method of compliance to the Planning Board or the Zoning Board at the time of application filing, and the Board shall, in its sole discretion, advise the applicant whether the proposed method of compliance is acceptable or whether an alternative technique or combination of techniques permitted by COAH regulations would be acceptable.
C. 
Full and complete satisfaction of compliance with the affordable housing requirements of the development shall be a specific, automatic, essential, and nonseverable condition of all approvals. Pursuant to this condition, the applicant must demonstrate that it has satisfied the Planning Board's or the Zoning Board's affordable housing condition of approval prior to obtaining the first building permit and compliance with the affordable housing condition shall be a continuing condition of all approvals for development.

§ 70-30 Permissible manner of satisfaction of affordable housing obligation of mixed-use developers.

For all projects that include a combination of both residential and nonresidential development, the affordable housing obligation created by the residential portion of the project is set forth in § 70-26. The permissible manner of satisfaction of the affordable housing obligation for the residential component is set forth in § 70-27. The affordable housing obligation created by the nonresidential portion of the project is set forth in § 70-28. The permissible manner of satisfaction of the affordable housing obligation for the nonresidential component is set forth in § 70-29.

§ 70-31 Compliance with COAH's rules.

The affordable unit(s) to be produced pursuant to any of the above sections included in this Article IV shall be available to a low-income household or individual should only one affordable unit be required. Thereafter, each of the affordable units shall be divided evenly between low- and moderate-income individuals and households, except in the event of the applicable formulas resulting in an odd number of affordable units, in which event the unit shall be a low-income residential unit. All affordable units shall strictly comply with COAH's regulations and policies, including, but not limited to, pricing, phasing, bedroom distribution, controls on affordability, range of affordability, affirmative marketing, and income qualification. It shall be the applicant's responsibility, at its sole cost and expense, to arrange for a COAH- and Township-approved qualification service to ensure full COAH compliance and to 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.

§ 70-32 Exemptions.

A. 
Construction costs of $20,000 or less for residential development only.
(1) 
Residential building permits which involve construction costs of $20,000 or less shall be exempt from paying development fees; provided, however, that if a residential property owner applies for two or more building permits within a five-year period, the combined cost of which exceeds $20,000, then the property owner shall pay a development fee calculated by using the combined construction costs. For third and subsequent applications within five years, the development fee due would be based upon the combined construction cost less the development fee already paid.
(2) 
As an example, if in Year 1 a homeowner constructs a residential addition, the cost of which is $20,000 (which is exempt from the payment of a fee), and in Year 3 the same homeowner seeks to construct another addition, the cost of which is $15,000, the homeowner, prior to obtaining a building permit in Year 3, would have to pay a development fee based upon the combined cost. In this case, the fee would be based on a cost of $35,000. If the same property owner constructed another addition in Year 4, the cost of which was $10,000, the development fee due in Year 4 would be based on the combined construction cost of $45,000 less the development fee already paid.
B. 
Nonprofit organizations which have received tax exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code, providing current evidence of that status is submitted to the Municipal Clerk, together with a certification that services of the organization are provided at reduced rates to those who establish an inability to pay existing charges.
C. 
Federal, state, county and local governments.
D. 
Public utilities under the jurisdiction of the New Jersey Board of Public Utilities to the extent that the construction for which approval is sought is of a facility which shall house equipment only and not to be occupied by any employees.

§ 70-33 Right to greater set-aside if compensatory benefit.

As to residential developers, nothing herein shall affect the Township's ability to generate more affordable housing than the one-for-eight standard set forth above in the event that the developer secures a density bonus or other compensatory benefit through zoning or through a use variance. As to nonresidential developers, nothing herein shall affect the Township's ability to generate more affordable housing than the one-affordable-residential-unit-for-every-25-jobs standard set forth above in the event that the developer secures an increased FAR or other compensatory benefit through zoning or through a use variance.