[Adopted 9-7-2005 by Ord. No. 2005-13]
A.
Except as otherwise provided below, any residential
development in any zoning district in the Township proposing five
or more lots or units shall provide the following setaside for affordable
housing as the term is defined under the FHA and COAH rules.
(1)
For every eight lots or units, one additional whole
lot or unit shall be set aside.
(2)
For any remainder lots or units, if the number of
remainder lots or units is five or more, one additional whole unit
shall be set aside; if the number of lots or units is four or fewer,
for each unit a payment in lieu of constructing affordable housing
shall be made to the Springfield Township Affordable Housing Trust
Fund. Each payment shall be equal to 12.5% of the cost of construction
of an affordable unit as determined by the Springfield Township Council.
One half of this payment is due prior to the issuance of a building
permit, and the balance is due prior to issuance of a certificate
of occupancy.
B.
Residential development in any zoning district in
the Township proposing four or fewer lots or units shall for each
lot or unit pay to the Springfield Township Affordable Housing Trust
Fund a payment in lieu of constructing an affordable housing unit
equal to 12.5% of the cost of construction of an affordable unit as
determined by the Springfield Township Council.
Except as otherwise noted, any nonresidential
development application submitted to the Planning Board or Board of
Adjustment that is required to produce at least one affordable unit
and all whole units thereafter pursuant to COAH's regulations found
in Appendix E, N.J.A.C. 5:94-1 et seq., shall be required to provide
such affordable housing. Nonresidential development which does not
create the requirement for at least one affordable unit, or development
which falls short of creating a whole unit thereafter, shall be required,
for each incremental job created, to provide a payment in lieu of
constructing affordable housing equal to 4% of the cost of construction
of an affordable unit as determined by the Springfield Township Council.
Such payment shall be made to the Springfield Township Affordable
Housing Trust Fund. 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
Non-residential Components of Growth Share."
A.
Evidence of a compliance mechanism approved by the
Springfield Township Council shall be required as a condition of final
subdivision and site plan approvals and any approvals that must be
satisfied in accordance with COAH's phasing requirements per N.J.A.C.
5:94-4-4(b)1(f).
B.
The applicant may elect to petition the Springfield
Township Council for alternative mechanisms permitted in COAH's rules
to satisfy its affordable housing growth share obligations. The Council
may grant alternatives which further the Townships stated goals of
providing affordable housing and which are in the best interest of
Springfield Township according to the following hierarchy of mechanisms:
(1)
On-site rental housing production;
(2)
Off-site rental housing production in the Township
in connection with residential or nonresidential development;
(3)
Off-site housing production in the Township;
(4)
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;
(5)
Participation inbuy-down/write-down, buy-down/rent-down
programs;
(6)
Payment in lieu of constructing affordable units;
and/or
(7)
Any other compliance mechanism pursuant to COAH's
rules per N.J.A.C. 5:94 et seq.
The affordable unit(s) to be produced pursuant to §§ 35-39, 35-40 and 35-41 (above)shall be available 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 an administering agency approved by COAH and the Township to ensure full COAH compliance and file such certifications, reports and/or monitoring forms as may be required by COAH to verify COAH compliance of each affordable unit.
Upon completion of a development project and
before release of any portion of the performance bond, the developer
or his administering agency shall transfer to the Township complete
documentation of all COAH compliance measures, including but not limited
to certifications, income qualifications, affirmative marketing reports,
deed restrictions, and monitoring forms.
