[Pursuant to Ordinance Nos. 2017-1670 and 2018-1690, former Sections 17-252 entitled "Applicability of Growth Share", Section 17-253 entitled "Residential Growth Share Provisions", and Section 17-254 entitled "Nonresidential Growth Share Provisions" are repealed inasmuch as the "Growth Share" rules adopted by the New Jersey Council on Affordable Housing ("COAH") upon which they were based have been invalidated by the Courts.]
[Ord. #08-1430, § 1; repealed by Ord. #2017-1670
§ 3; Ord. #2018-1690]
[Ord. #08-1430, § 1; Ord. #2017-1670 § 5;
Ord. #2018-1690]
a.
Pursuant to directives of the Superior Court in the third round affordable
housing proceedings encaptioned In the Matter of the Township of Hopewell,
Docket No. MER-L-1557-15 (Mount Laurel), if the Township or its land
use Boards permit, either through future rezonings or the grant of
variances, multi-family or single family attached development that
is "approvable" and "developable" as defined in N.J.A.C. 5:93-1, et
seq. at a gross density of six units to the acre or more, the Township
and/or its land use Boards shall require that an appropriate percentage
of the residential units shall be set-aside for low and moderate income
households in accordance with N.J.A.C. 5:93-1, et seq. This requirement
shall apply to any multi-family or single-family attached residential
development, including the residential portion of a mixed- use project
which consists of six or more new residential units, whether permitted
by a zoning amendment, a variance granted by the Township's land use
Boards, or adoption of a Redevelopment Plan or amended Redevelopment
Plan in areas in need of redevelopment or rehabilitation. Nothing
herein precludes the Township from imposing an affordable housing
set-aside in a development not required to have a setaside pursuant
to the provisions hereof consistent with N.J.S.A. 52:27D-311(h) and
other applicable law. Consistent with N.J.A.C. 5:93-1, et seq., for
inclusionary projects in which low and moderate income units are to
be offered for "sale", the appropriate set-aside percentage is 20%;
for inclusionary projects for which the low and moderate income units
are to be offered for "rent", the appropriate set-aside percentage
is 15%. This requirement does not create any entitlement for a property
owner or applicant for a zoning amendment, variance, or adoption of
a Redevelopment Plan or amended Redevelopment Plan in areas in need
of redevelopment or rehabilitation, or for approval of any particular
proposed project. This requirement does not apply to any sites or
specific zones otherwise identified in judicially approved Settlement
Agreements under Docket No. MER-L-1557-15 (Mount Laurel) or the Township's
judicially approved third round Housing Element and Fair Share Plan
(collectively "Compliance Plan"), for which density and set-aside
standards shall be governed by the specific standards set forth therein.
A property shall not be permitted to be subdivided so as to avoid
meeting the above affordable housing requirement.
[Ord. No. 08-1430; repealed
by Ord. #2017-1670 § 6; Ord. #2018-1690]
[Ord. #08-1430, § 1]
a.
Affordable housing units being constructed on site or off site shall
meet the requirements of the Hopewell Township's Affordable Housing
Ordinance, and shall be in conformance with COAH's third round rules
at N.J.A.C. 5:94-1 et seq. and the Uniform Housing Affordability Controls
at N.J.A.C. 5:80-26.1 et seq., including, but not limited to, requirements
regarding phasing schedule, controls on affordability, low/moderate
income split, heating source, maximum rent and/or sales prices, affordability
average, bedroom distribution, and affirmative marketing.
b.
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 otherwise
being constructed within the development. To that end, the scale,
massing, roof pitch and architectural detailing (such as the selection
of exterior materials, doors, windows, etc.) of the buildings containing
the affordable housing units shall be similar to and compatible with
that of the market-rate units.
c.
Single-family attached buildings in the form of semi-detached (side-by-side) units or duplex (over and under) units, triplex and quadplex buildings shall be deemed to be permitted uses in the underlying zone when created for the purpose of meeting the growth share obligation on site and shall conform to the bulk standards set forth in subsection 17-92d3.
[Ord. #08-1430, § 1]
a.
Any payment in lieu amount shall be derived from the analysis of
the subsidy required to create an affordable housing unit in Hopewell
Township, which analysis shall be on file in the office of the planning
board. The subsidy shall be adjusted annually based on the actual
construction cost of an affordable housing unit, utilizing such indicators
as the Consumer Price Index for housing, the NJ Department of Community
Affairs construction indicators, or such other reliable source.
b.
All payments in lieu of constructing affordable housing shall be
deposited by Hopewell Township into an affordable housing trust fund
to be established by Hopewell Township in conformance with regulations
established by COAH and shall at all times be identifiable from development
fees. These funds shall be used by Hopewell Township in accordance
with regulations established by COAH to create new affordable housing
opportunities within the physical boundaries of Hopewell Township.
