Township of Florence, NJ
Burlington County
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Table of Contents
Table of Contents
[Adopted 1-26-2005 by Ord. No. 2005-2; amended 9-7-2005 by Ord. No. 2005-21]

§ 87-35 Findings.

The Township Council finds that:
A. 
The New Jersey Supreme Court and New Jersey Legislature have recognized and mandated in So. Burl. Co. NAACP v. Mount Laurel, 92 N.J. 158 (1983) (Mount Laurel II) and the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. (FHA) that every municipality in New Jersey has an affirmative obligation to facilitate the provision of affordable housing;
B. 
The New Jersey Council on Affordable housing (COAH) is the state administrative agency created pursuant to the FHA vested with primary jurisdiction for the administration of affordable housing obligations in accordance with sound regional planning considerations in this state [N.J.S.A. 52:27D-304(a)];
C. 
COAH's Third Round Substantive Rules (N.J.A.C. 94-1 et seq.) implement a growth share approach to affordable housing production which requires affordable housing to be produced in conjunction with market-priced residential and nonresidential growth and development within the Township; and
D. 
The Township of Florence desires to implement the growth share policies promulgated and adopted by COAH in its Third Round Substantive Rules, effective December 20, 2004, in an effort to foster the production of affordable housing opportunities for qualified low- and moderate-income households through the third housing cycle which extends from 2000 to 2014 pursuant to N.J.A.C. 5:94 et seq. and N.J.A.C. 5:95 et seq.

§ 87-36 Authority and purpose.

Pursuant to the provisions of the Third Round Substantive Rules promulgated and adopted by the New Jersey Council on Affordable Housing, N.J.A.C. 5:94 et seq. and N.J.A.C. 5:95 et seq., it is hereby declared that the purpose of this article is to help the Township fulfill its affirmative obligation to facilitate the provision of affordable housing.

§ 87-37 Definitions.

As used in this article, words and phrases shall have the same meanings they have pursuant to N.J.A.C. 5:94-1.4, as said provision may from time to time be amended.

§ 87-38 Uniform affordable housing production obligation based upon growth share.

[Amended 10-18-2006 by Ord. No. 2006-25]
A. 
Residential development.
(1) 
Except as otherwise provided below, any residential development in any zoning district in the Township proposing eight or more net new market-rate lots or units shall provide for their growth share obligation. Said affordable units shall be provided in accordance with the following:
(a) 
Where affordable units will be provided on site, residential development shall set aside 11.1% of the total units for affordable housing as said term is defined under the Fair Housing Act of 1985 (FHA), P.L. 1985, c.222 (N.J.S.A. 52:27D-301 et seq.), and New Jersey Council on Affordable Housing (COAH) Rules.
(b) 
Where affordable units will be provided off site but in the Township, residential development shall set aside 12.5% of said market-rate units for affordable housing as said term is defined under the FHA and COAH rules.
(c) 
Any residential development that generates a fraction of an affordable unit shall be required, at the choice of the developer, to either construct the additional affordable unit or, alternatively, to make a payment in lieu of construction for that fraction of a unit per § 87-40D below.
(2) 
Residential development in any zoning district in the Township proposing seven or fewer lots or units shall be required, at the choice of the developer, to either construct one affordable unit or, alternatively, to pay a proportionate contribution in lieu of constructing one affordable unit based on a set-aside 11.1%. For example, the development of four market-rate units may be addressed by the developer by either constructing one affordable unit or by making a contribution in lieu of 0.444 of the cost to provide one affordable unit as provided for in § 87-40D below.
(3) 
For the purposes of this article, "residential development" shall include newly constructed market-rate residential units as well as new residential units created from the conversion of a nonresidential building to residential unit(s) requiring the issuance of a certificate of occupancy.
B. 
Nonresidential development.
(1) 
All nonresidential development proposing the construction of net new floor area in any zoning district shall be required to provide affordable housing constructed at the ratio of one affordable unit for every 25 jobs created as a result of the proposed net new nonresidential floor area. The calculation of the number of jobs and employment opportunities created shall be in accordance with Appendix E of N.J.A.C. 5:94-1 et seq., entitled "UCC Use Groups for Projecting and Implementing Nonresidential Components of Growth Share."
(2) 
Nonresidential development creating an obligation of less than 25 jobs or that generates a fraction of an affordable unit shall be required, at the choice of the developer, to either construct one affordable unit or, alternatively, to pay a proportionate contribution in lieu of constructing one affordable unit wherein the denominator of the fraction shall be the equivalent of 25 jobs by use group. The calculation of the number of jobs and employment opportunities created shall be in accordance with Appendix E of N.J.A.C. 5:94-1 et seq., entitled "UCC Use Groups for Projecting and Implementing Nonresidential Components of Growth Share." For example, an eight-thousand-square foot addition to a retail use (M use group) may be addressed by the developer either constructing one affordable unit or by making a contribution in lieu of 0.32 of the cost to provide one affordable unit (8,000 square feet/25,000 square feet) as provided for in § 87-40D below.
C. 
Exemptions. The Township exempts the following development from satisfying a growth share obligation under the terms of this article:
(1) 
A house of worship. For the purposes of this exemption, a house of worship shall not be deemed to include any buildings or structures that are deemed by COAH to trigger a growth share obligation. An applicant seeking an exemption under this section shall provide a diagram of the proposed development indicating all proposed use groups in accordance with Appendix E of N.J.A.C. 5:94-1 et seq., entitled "UCC Use Groups for Projecting and Implementing Nonresidential Components of Growth Share" for a determination of the extent of the exemption, if any.
(2) 
Developments that have been zoned to produce an affordable housing set-aside or that include only low- and moderate-income housing units shall be exempt from the growth share obligations of this article.
(3) 
Developments that have received preliminary or final approval from the Planning Board and/or the Zoning Board of Adjustment, per the Municipal Land Use Law (N.J.S.A. 40:55D et seq.), prior to the effective date of this section shall be exempt from the growth share obligations of this article unless the developer seeks a substantial change in the approved plans.

§ 87-39 Satisfaction of affordable housing production obligation.

[Amended 10-18-2006 by Ord. No. 2006-25]
A. 
The Township Council shall determine the manner in which the applicant shall satisfy its affordable housing growth share obligation through the mechanisms permitted in COAH's rules, including on-site affordable housing production; off-site affordable housing production in the Township; the purchase of an existing market-rate home(s) at another location in the community and its conversion to an affordable price-restricted home in accordance with COAH's criteria, regulations and policies; participation in gut rehabilitation and/or buy-down/write-down, buy-down/rent-down programs; payment of a contribution in lieu of construction; and/or any other compliance mechanism permitted by COAH's rules set forth at N.J.A.C. 5:94 et seq. In accordance with N.J.A.C. 5:94-4.4(d), COAH's rules do not permit the funding of a regional contribution agreement (RCA) with funds from a contribution in lieu of construction.
B. 
Evidence of an affordable housing compliance mechanism shall be provided in a proposed affordable housing production plan to the Planning Board or Board of Adjustment, as well as the Township Council, at the time of application filing and shall be a condition of all "completeness" determinations by the Planning Board or Board of Adjustment.
C. 
The affordable housing production plan shall be reviewed and must be approved by the Mayor and Township Council for consistency with COAH rules and regulations, prior to approval of the application by the appropriate board of jurisdiction.
D. 
Compliance with all of the terms of the approved affordable housing production plan as well as COAH's rules at N.J.A.C. 5:94 et seq., shall be a condition of development plan approval and may be covered by appropriate performance and maintenance guarantees as with any other required improvement.

§ 87-40 Compliance mechanisms.

A. 
Construction of affordable housing on site.
(1) 
Affordable housing units may be provided within single-family detached buildings, duplex buildings, triplex buildings or quadriplex buildings designed to resemble as nearly as possible the single-family homes otherwise being constructed within the development to accommodate the market units. Duplex, triplex and quadriplex buildings containing low- and moderate-income housing units only shall be deemed to be permitted uses in the underlying zone when created for the purpose of meeting a growth share obligation on site.
(2) 
No density increase shall be granted for the construction of the affordable housing units on site.
(3) 
All required setbacks, building height, open space requirements and coverage limits for the zone shall be met on all lots.
(4) 
All applicable Board of Health and NJDEP regulations for water supply and sewage treatment shall be met.
B. 
Creation of affordable housing units off site but within the Township.
(1) 
Applicants electing to create affordable housing units elsewhere within the Township of Florence may do so with the prior written approval of the Township Council, and may do so within existing buildings, whether converted, reconstructed or purchased for buy down, in any residential zone of Florence Township, as set forth and regulated herein.
(2) 
All such units shall meet or shall be improved to meet UCC requirements and shall be certified to be in standard condition prior to their conveyance or occupancy.
(3) 
All required setbacks, building height and impervious coverage limits for the zone shall be met on the lot, except that existing setback deficiencies and other nonconformities of the lot and/or building(s) located thereon may be continued for as long as the buildings remain on site, without the need for additional variances.
C. 
Low- and moderate-income split and compliance with COAH rules.
(1) 
If only one affordable unit is required to be produced pursuant to this section, said unit shall be made available to a qualified low-income individual or household. Where more than one affordable unit is produced, the designation of units shall be evenly split between low- and moderate-income individuals and households. If an odd number of low- and moderate-income housing units are required to be provided, the majority of the units shall be designated for low-income individuals or households.
(2) 
Where there are an insufficient number of affordable units provided to meet the bedroom distribution requirements of COAH's rules, 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. Otherwise, the bedroom distribution shall be in strict accordance with COAH's rules.
(3) 
All affordable units created pursuant to this section shall comply with COAH's rules pertaining to the phasing, integration, low/moderate income split, controls on affordability, bedroom distribution, affirmative marketing, heating source and administration of the affordable units, as set forth in N.J.A.C. 5:94-4 and/or as otherwise provided for by COAH's rules.
(4) 
It shall be the developer's responsibility, at its sole cost and expense, to arrange for an administering agency approved by COAH and the Township Council to ensure full COAH compliance and to timely file such certifications, reports and/or monitoring forms as may be required by COAH to verify COAH compliance of each affordable unit.
(5) 
Residential developments that have been zoned to produce an affordable housing set-aside or that include only low- and moderate-income housing units shall be exempt from the growth share obligations of this article.
D. 
Payments in lieu of construction.
(1) 
Unless payments in lieu of constructing an affordable unit are required as set forth above, payments in lieu of the construction of affordable housing may be permitted with the agreement of the Township Council and any such payments shall be based upon a proportionate share of the total project cost embodied in one or more pro-forma statements [pro-forma(s)] for the construction of an affordable housing development elsewhere:
(a) 
Within the Township of Florence;
(b) 
Within municipalities located along the Route 130 corridor which shall be identified as municipalities located within five miles of Route 130 and within 15 miles of the boundaries of the Township of Florence; or
(c) 
Any combination thereof approved by the Township Council which pro-forma(s) shall be on file in the office of the Township Clerk.
(2) 
The payment in lieu of construction to be made by the developer may be subject to negotiation with the Township based upon the following considerations: the actual cost of buying down or subsidizing one or more existing or planned market priced dwelling units to achieve an average rent level affordable to a household earning 52.0% of median income; the actual land cost of site(s) earmarked for off-site affordable housing construction within the Township of Florence, or reasonable and acceptable offers to substitute land, site preparation and/or construction services for all or a portion of the monetary payment otherwise required.