[Amended 3-2-1989 by Ord. No. 328; 4-27-1989 by Ord. No. 330]
District regulations as set forth in the Upper Deerfield Township Schedule of District Regulations are hereby adopted by reference and declared to be a part of this chapter. Supplementary district regulations relating to special cases and conditional uses are contained in Articles VII and VIII of this chapter entitled "Supplementary District Regulations" and "Special Standards and Requirements."[1]
[1]
Editor's Note: Former § 98-7.1, Specific schedule
amendments, added 9-1-1988 by Ord. No. 316, which immediately followed
this section, was deleted 9-20-2007 by Ord. No. 592. Amendments to
the Schedules of District Regulations shall appear in the schedules,
which are included at the end of this chapter.
[Added 9-1-1988 by Ord. No. 316]
A.
New developments within all residential districts, including those created as a result of planned unit or planned unit residential development, which include 20 or more dwelling units or a cumulative total of 20 or more dwelling units within a three-year period, must be inclusionary developments as defined in § 405-3 herein.
B.
All new units constructed in inclusionary developments shall include
affordability controls in the form of a deed restriction or similar
covenant acceptable to the Township which shall restrict low- and
moderate-income units to occupancy by income-qualified households,
as described below, for a period of not less than 20 years.
C.
The developer of an inclusionary development shall submit for approval
by the Planning Board a program for the affirmative marketing, screening
and selection of occupants of the low- and moderate-income units.
This plan shall conform to the regulations of the New Jersey Council
on Affordable Housing and shall at the minimum contain the following
elements:
(1)
Identification and marketing of units to representative groups operating
in the Township and its housing region shall be initiated at least
90 days before occupancy.
(2)
For initial occupancy and until such time as 50% of the units have
been rented or sold, no more than 50% of the units shall be made available
to individuals currently residing or working in the Township. After
the first 50% of the units are allocated, all remaining income-eligible
applicants shall be pooled and offered contracts.
(3)
Within each round, random selection of eligible applicants shall
prevail.
(4)
No more than 50% of the units in any single structure shall be reserved
for low- and moderate-income households.
D.
The cumulative total of all low- and moderate-income housing units
which shall be restricted by minimum age of adults may not exceed
25% of the Township fair share obligation, as determined by the housing
element of the Master Plan.
E.
Affordability.
(1)
To the greatest extent possible, the average price of low- and moderate-income
housing units shall be affordable to households with annual income
equal to 57.5% of the regional median, assuming a standard of 28%
of qualified income for purchased housing and 30% for rental housing.
(2)
To the greatest extent, the range of affordability for purchased
housing shall conform to the following schedule for every 20 low-
and moderate-income units:
(a)
One unit between 40.0% and 42.5% of the median.
(b)
Three units between 42.6% and 47.5% of the median.
(c)
Six units between 47.6% and 50.0% of the median.
(d)
One unit between 50.1% and 57.5% of the median.
(e)
One unit between 57.6% and 64.5% of the median.
(f)
One unit between 64.6% and 68.5% of the median.
(g)
One unit between 68.6% and 72.5% of the median.
(h)
Two units between 72.6% and 77.5% of the median.
(i)
Four units between 77.6% and 80.0% of the median.
(3)
For initial occupancy, priority shall be given to households within
a particular income category with flexibility based on New Jersey
Housing and Mortgage Financing Agency affordability controls criteria.
F.
At least 35% of all low- and moderate-income housing units must be
two-bedroom units. At least 15% must be three-bedroom units. No more
than 20% may be efficiencies.
G.
In inclusionary development projects, no low- and moderate-income
units need to be provided until the first 25% of the project is completed.
Thereafter, 10% of the low- and moderate-income units must be provided
before the next market-priced unit is built. Milestones are set for
parity of low- and moderate-income units with the total job at 50%
and 75% of completion, but all low- and moderate-income units must
be built when the job is 90% complete.
H.
No more than 50% of the units in any single multiunit structure shall
be reserved for low- or moderate-income households unless the requirement
is specifically waived by the Planning Board as a condition of site
plan approval. Regardless of whether this requirement is waived as
to any specific structure, it is the intent of this chapter that low-
and moderate-income housing units shall be evenly dispersed throughout
the entire development in as uniform a fashion as is practical.
I.
In certain cases and where deemed appropriate by the Planning Board,
a developer may provide his development's share of low- and moderate-income
housing units off site.
[Added 7-7-2005 by Ord. No. 561]
The purpose of this section is to establish standards for the
collection, holding and expenditure of development fees pursuant to
N.J.A.C. 5:93-8, as it may be amended or superseded. Fees collected
pursuant to this subsection shall be solely used for the purpose of
providing for the municipality's fair share of low- and moderate-income
housing for any purpose permitted by law.
A.
Construction fees.
(1)
Any construction for residential or nonresidential use, excepting
projects in which there is a set-aside of at least one affordable
unit for every eight units to be sold at fair market value, shall
precipitate the requirement for an affordable housing development
fee to the municipality.
(2)
Residential development fees shall be 1% of the equalized assessed
value for residential development.
(3)
Nonresidential development fees shall be 2% of the equalized assessed
value for nonresidential development.
B.
Collection of fees. The municipality shall collect up to 50% of the
fee or any portion thereof at the time of issuance of a building permit.
The remaining portion shall be collected at the time of issuance of
a certificate of occupancy. No approval, permit or certificate shall
be issued until receipt of the contribution has been certified by
the affordable housing program administrator.
C.
Eligible exactions, ineligible exactions and exemptions.
(1)
Inclusionary developments shall be exempt from development fees.
All other forms of new residential construction shall be subject to
development fees.
(2)
Substantial change. The payment of a fee for affordable housing shall
be required for any substantial change, including but not limited
to any increase in an approved project's building bulk or floor area,
which exceeds any of the requirements of the zoning district where
the project is located and exceeds the limitations necessary to qualify
as an insubstantial change. "Insubstantial change" is a revision to
an approved preliminary or final site plan or subdivision which meets
all the requirements of this section or does not exceed any of the
following limitations:
(3)
Any such change enumerated in Subsection C(2) above shall not alter the percentage of low- to moderate-income housing in an approved project.
(4)
A substitution of similar landscaping material, lighting fixtures
and signage is not a substantial change as long as there is no change
in approved quantities or dimensions.
(5)
The development fee that may be collected shall be calculated on
the increase in the equalized assessed value of the improved structure.
(6)
Any use for which capital project review is required pursuant to
N.J.S.A. 40:55D-31 shall be exempt from the payment of an affordable
housing contribution.
D.
Use of money. Fees collected for affordable housing shall be subject
to the following requirements.
(1)
The municipality shall use revenues collected from development fees
for any activity approved by COAH or a court of competent jurisdiction
for addressing the municipal fair share obligation. Such activities
include, but are not limited to, rehabilitation of substandard units,
extensions and/or improvements of roads and infrastructure, assistance
designed to render units to be more affordable, and administration
of the implementation of the housing element.
(2)
Funds shall not be expended to reimburse municipalities for past
housing activities.
(3)
At least 30% of the revenues collected from development fees shall
be devoted to render units more affordable. Examples of such activities
include, but are not limited to, down payment assistance, low-interest
loans, and rental assistance. This requirement may be waived in whole
or in part when the municipality demonstrates the ability to address
the requirement of affordability assistance from another source.
(4)
No more than 20% of the revenues collected from development fees
shall be expended on administration, including but not limited to
salaries and benefits for municipal employees or consultant fees necessary
to develop or implement a rehabilitation program, a new construction
program, a regional contribution agreement, a housing element, or
an affirmative marketing program.
(5)
Administrative funds may be used for income qualifications of households,
monitoring the turnover of sale and rental units, and compliance with
COAH monitoring requirements.
(6)
Development fees shall not be used to defray the costs of existing
staff without a waiver from COAH.
E.
Housing trust fund. All development fees collected shall be deposited
in a separate interest-bearing housing trust fund.
