[Added 5-17-2005 by Ord. No. 2005-14]
The purpose of this article is creating realistic
opportunities for the construction of low- and moderate-income housing
as an integral part of new market residential development as land
becomes available for such development within Washington Township.
This will assist Washington Township in fulfilling its New Jersey
COAH residential growth share obligations and also serve to reduce
suburban sprawl.
The affordable housing contributions detailed in § 3-16 shall apply to all major subdivisions or residential site plans, with eight or more dwelling units, in the following zones within the confines of Washington Township, Warren County, New Jersey:
G.
Conversion of nonresidential zoning to residential
zoning via d variances.
A developer shall provide a combination of an
affordable housing unit on site or a payment in lieu of construction
cash contribution, per N.J.A.C. 5:94-4.4(b), to the Washington Township
Housing Trust Fund according to the schedule listed below.[1] Affordable unit contributions shall not increase the density
of the development or site plan beyond what is permitted by the governing
zoning district regulations, and may require the creation of additional
lots and/or the conversion of market units to affordable units.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
A.
Fifty percent of the units shall be low income and
50% shall be moderate income. For odd numbers of affordable units,
the ratio shall favor low-income units. All affordable units shall
contain a thirty-year deed restriction as required or amended by the
Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq.
Alternative living arrangement bedroom affordable units shall be governed
by N.J.A.C. 5:80-26.3.
B.
The affordable housing structures shall be consistent
in size and architectural features within the boundaries of the planned
development or as approved by the Land Use Board. For the MR and VR
Zones, affordable townhouses are the preferred means to provide affordable
dwelling units. When built in nonsewered areas, there is a maximum
of one affordable townhouse unit or four alternative living arrangement
bedroom affordable units per building lot.
C.
Payment in lieu of construction cash contribution.
(1)
The per unit amount shall be defined to be the funds
required to realize any of the following affordable housing options:
(a)
Construction of an affordable single-family
housing unit.
(b)
Construction of an affordable townhouse unit.
(c)
Construction of an alternative living arrangement
as defined in (N.J.A.C. 5:94-4.8), where a bedroom satisfies a single
affordable unit contribution.
(d)
Payment to facilitate a buydown program for
a single unit as defined in N.J.A.C. 5:94-4.10.
(2)
The selection of the above options shall be negotiated
between the developer and the Washington Township Committee, taking
into consideration available housing stock and/or vacant land. The
total number of payment in lieu of construction cash contributions
can be realized by a combination of the above options. These funds
can only be used for the purposes referenced in N.J.A.C. 5:94-4.4(d),
and are to be deposited into the Washington Township Housing Trust
Fund. The affordable units constructed shall be deed restricted in
respect to controls on affordability as defined in N.J.A.C. 5:94-7.1
et seq., N.J.A.C. 5:93-9.1 and N.J.A.C. 5:80-26.1 et seq.
D.
Bonus payment. If a developer elects to provide additional
affordable units instead of a payment in lieu of construction cash
contribution, the Township Committee can be petitioned for a bonus
payment per unit equal to the buy-down program minimum subsidy as
defined or amended in N.J.A.C. 5:94-4.10(a)[4], subject to the availability
of funds.
In accordance with N.J.A.C. 5:93-5.6(d), low-
and moderate-income housing unit(s) within inclusionary developments
shall be built and/or payments in lieu of construction cash contribution(s)
be made in accordance with the following schedule:
|
Minimum Percentage of Low- and Moderate-Income
Housing Units Completed and Payment in Lieu of Construction Cash Contribution
|
Maximum Percentage of Market Housing Units
Completed
|
|---|---|
|
0%
|
25%
|
|
10%
|
25%, plus 1 unit
|
|
50%
|
50%
|
|
75%
|
75%
|
|
100%
|
90%
|
Any residential subdivision or site plan that provides inclusionary affordable units and/or payment in lieu of construction cash contributions shall be exempted from paying the affordable housing residential development fees as prescribed or amended in Chapter 3 of the Code of the Township of Washington, Article II, § 3-7.
In the event an applicant seeks an extension
of an approval that is to expire, such an extension shall be considered
in accordance with the provisions of this article. Any such extension,
if so granted, shall be conditioned upon the developer complying with
the provisions of this article.
The provisions of this article shall be passed
on to any developer's successors and/or assigns. Contributions may
be enforced via a lien on each lot when the subdivision or site plan
is signed.
A.
This article shall apply to any major subdivision
or residential site plan, with eight or more dwelling units, that
have not received preliminary approval prior to the enacting of this
article. Contributions may be enforced via a lien on each lot when
the subdivision or site plan is signed.
B.
A developer may petition the Washington Township Land
Use Board to either donate vacant buildable lots to the Township in
order to construct affordable housing units or the developer can construct
affordable housing units on other property that the entity may own,
as long as all the units constructed on that parcel are affordable
housing units. Affordable housing development fees are not applicable
to any such units constructed. If the previous methods cannot be attained
and there are no additional buildable lots available for affordable
units, then the provisions of this section do not apply to the proposed
major subdivision or residential site plan. This determination is
to be made by the Washington Township Land Use Board.
