[Added 4-12-2006 by Ord. No. 2006-6]
Pursuant to the provisions of the Third Round
Substantive Rules promulgated and adopted by the New Jersey Council
on Affordable Housing (COAH), 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 aid the Borough of Gibbsboro to fulfill its affirmative obligation
to facilitate the provision of affordable housing.
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.
A.
Residential development.
(1)
Any market-rate residential development in any zoning district in the Borough shall provide one unit of affordable housing, as defined in § 400-66, for every eight new market-rate units that are produced as determined by the formula in Subsection A(2) below, except as otherwise exempted herein. For the purposes of this article, "residential development" shall mean both a development that is entirely residential or that includes both residential and nonresidential uses. "Residential development" shall also include new market-rate residential units created from the conversion of a nonresidential building to residential unit(s) requiring the issuance of a certificate of occupancy.
(2)
The on-site construction percentage of affordable
units shall be determined by the total number of approved units, divided
by nine, rounded to the next highest whole number.
(3)
The off-site payment in lieu of construction shall be determined by the total number of units, divided by eight, times the cost of an affordable housing unit as determined by Subsection E herein.
(4)
Residential development in any zoning district in the Borough that is less than three dwelling units shall be required to pay an affordable housing development fee pursuant to Article VII. Residential development in any zoning district that is three dwelling units to seven dwelling units shall pay a contribution in lieu of construction in accordance with Subsection A(3) herein.
B.
Nonresidential Development, A5, S and U Use Groups. Any development in the Borough of Gibbsboro that is categorized as an A5, S or U Use Group by the New Jersey Uniform Construction Code shall be required to pay an affordable housing development fee pursuant to Article VII.
C.
Nonresidential development, other. All other nonresidential development that includes 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 new jobs. 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." In lieu of constructing affordable housing units, the developer of nonresidential development shall pay a contribution in accordance with § 400-67E.
D.
E.
The minimum contribution for affordable housing shall
be $50,000 per affordable housing unit generated, or part thereof.
This figure shall be increased in accordance with the increase in
the consumer price index for housing in the Philadelphia PMSA as of
January 1 of each year.
With the prior written approval of the Borough Council upon favorable recommendation by the Planning Board, and except as modified in § 400-67 above, the applicant may choose to satisfy its affordable housing growth share obligation through the mechanisms permitted in COAH's rules, including:
A.
On-site affordable housing production;
B.
Off-site affordable housing production in the Borough;
C.
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 rules;
D.
Participation in reconstruction and/or buy-down/write-down,
buy-down/rent-down programs;
E.
Payment of a contribution in lieu of construction;
and/or
F.
Any other compliance mechanism permitted by COAH's
rules.
A.
Construction of affordable housing on site.
(1)
Affordable housing units may be provided within buildings
as permitted by the zoning regulations of the Borough, as required
by an adopted redevelopment plan, or as permitted by use variance
by the Zoning Board of Adjustment.
(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, or as otherwise permitted by grant of a variance.
B.
Creation of affordable housing units off site within
the Borough.
(1)
Applicants electing to create affordable housing units
elsewhere within the Borough of Gibbsboro may do so with the prior
written approval of the Borough Council, and may do so within existing
buildings, whether converted, reconstructed or purchased for buy-down,
in any residential zone of Gibbsboro Borough, 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 subsection, 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.
D.
It shall be the developer's responsibility, at its
sole cost and expense, 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.
E.
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 and shall be exempt from payment of development fees pursuant to Article VII of this chapter.
