[Added 12-12-1988 by Ord. No. 1988-17]
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.[1]
[1]
Editor's Note: See Ch. 143, Housing, Low- and Moderate-Income.
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.
A. 
In the L&MH District, the total number of multifamily dwellings proposed for development shall not exceed eight dwelling units per buildable acre with a 20% low- and moderate-income unit set-aside.
B. 
Any site design for the district shall comply with the following standards as determined by the approving body upon proper submission of a site plan application:
(1) 
Provisions for adequate buffering to promote a desirable visual environment incorporating creative buffer development techniques and good civic design and arrangements.
(2) 
Provision for safe and efficient vehicular and pedestrian circulation and parking to ensure the free flow of traffic while discouraging transportation patterns which result in congestion or blight.
(3) 
Provisions to provide adequate light, air and open space through the appropriate design of buildings and structures on the site.
(4) 
Provisions for exterior lighting and landscaping design in order to ensure that the proposed development is designed in harmony with the natural landscape and the general character of the community.
(5) 
Provisions which show adequate exterior design and architecture of proposed buildings and accessory uses.
(6) 
No building to exceed a maximum of three stories or 35 feet in height, whichever is the lesser.
C. 
The site design standards above shall not be used to discourage the development of low- and moderate-income housing. Unnecessary housing-cost-generating features shall not be introduced through the implementation of these standards. Any such existing cost-generating features shall be eliminated from these standards during the Planning Board or Zoning Board approval process.
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.