A tract designated Lots 8.01 and 9.01 of Block
134 on the Tax Map of Mount Holly Township and fronting on Arch Street
in the Township is hereby rezoned as a Low and Moderate Housing (L&MH)
District. The Zoning Map of the Township is hereby amended and supplemented
to reflect creation of this L&MH District.
The L&MH District is created in order to
provide in part for low and moderate housing needs for residents of
the Township of Mount Holly.
The L&MH District is intended for residential
dwelling use, including multifamily residential dwellings for low-
and moderate-income households, provided that such dwellings are occupied
by and shall be affordable to low- and moderate-income households,
as those terms are defined in the rules and regulations of the New
Jersey Council on Affordable Housing, pursuant to the Fair Housing
Act, N.J.S.A. 52:27D-301 et seq.
The owner and/or developer of this tract shall
have the responsibility for drafting an affirmative marketing plan
in conformance with the rules, regulations and guidelines promulgated
by COAH, and must submit the proposed affirmative marketing plan to
COAH at least 180 days in advance of the date of issuance of a certificate
of occupancy for any affordable housing unit for COAH's review and
approval. That affirmative marketing plan must provide that any dwelling
unit within the twenty-percent set-aside for low and moderate income
must remain an affordable unit within COAH guidelines for a minimum
period of 20 years. This requirement may be met by an appropriate
deed restriction or any other method satisfactory to COAH.
[Added 11-14-2005 by Ord. No. 2005-20]
A. Residential development. Except as otherwise provided
below, any residential development in any zoning district in the Township
shall provide one unit of affordable housing as defined in COAH's
rules for every eight new market-rate units that are produced. Any
fraction 0.5 or above shall be rounded to the next higher number.
Any subdivision or site plan proposing between three units and seven
units shall be responsible for making a monetary contribution to the
Township's Affordable Housing Trust Fund by multiplying the total
number of new lots and/or units by the sum of $4,375. Said payment
shall be in addition to the payment of affordable housing development
fees and shall be due and owing at the time of execution of the subdivision
plat or subdivision deeds and/or execution of the approved site plan
by the Township.
B. Nonresidential development. All nonresidential development
applications submitted to the Planning Board or Board of Adjustment
shall be required to produce one nonage-restricted affordable housing
unit meeting COAH's eligibility criteria for every 25 new jobs or
employment opportunities created in the Township as a result of the
proposed nonresidential development project. 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 Nonresidential Components of Growth
Share." All calculations resulting in a number of jobs or housing
units that is not a whole number shall be rounded to the next higher
number if the result is 0.5 or greater. Any nonresidential development
application that will produce less than 25 new jobs or employment
opportunities pursuant to Appendix E shall be responsible for making
a monetary contribution to the Township's Affordable Housing Trust
Fund by multiplying each new job that is produced by the sum of $1,400.
Said payment shall be in addition to the payment of affordable housing
development fees and shall be due and owing at the time of execution
of the subdivision plat or subdivision deeds and/or execution of the
site plan by the Township.
C. The applicant may choose to satisfy its affordable
housing production obligation(s) through the mechanisms permitted
in COAH's rules, including, with Mount Holly Township's advanced written
permission: a) on-site housing production in connection with residential
projects; b) the purchase of one or more existing market-rate homes
at another location in the community and their conversion to affordable
price-restricted homes in accordance with COAH's criteria, regulations
and policies; c) the funding of a Regional Contribution Agreement
("RCA"); and/or d) participation in gut rehabilitation and/or buy-down/write-down,
buy-down/rent-down programs. Evidence of compliance shall be produced
to the Planning or Zoning Board at the time of application filing
and shall be a condition of all completeness determinations. Thereafter,
evidence of satisfaction of affordable housing compliance shall be
an automatic condition of all approvals that must be satisfied prior
to the issuance of the project's first building permit.
D. Low- and moderate-income split and compliance with COAH's rules. The affordable unit(s) to be produced pursuant to Subsections
A,
B and
C (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 a COAH- and Township-approved qualification service to ensure full COAH compliance and file such certifications, reports and/or monitoring forms as may be required by COAH or the court to verify COAH compliance of each affordable unit.
E. Exemption. Residential inclusionary projects that
have a set-aside of 20% or more constructed in the affordable housing
districts identified in the Township's COAH- and/or judicially-approved
second or third round Housing Element and Fair Share Plan shall be
exempt from the requirements of this section. However, a nonresidential
growth share responsibility in accordance with this section shall
be attributable to all nonresidential uses constructed in mixed-use
and/or nonresidential projects in the Township's existing affordable
housing districts. Moreover, all growth share affordable units produced
by virtue of this section shall be exempt from the payment of residential
affordable housing development fees. However, market-rate residential
and nonresidential development fees shall remain due and owing pursuant
to the Township's court- or COAH-approved Development Fee Ordinance
except for exempt residential inclusionary developments.