District regulations as set forth in the Alloway Township Zoning Ordinance
Schedule of District Regulations are hereby adopted by reference and declared to be part of this chapter. Supplementary general standards and requirements are contained in Article
X and supplementary regulations relating to special uses are contained in Article
XI of this chapter.
No use shall be permitted in the zoning district in which it is proposed other than uses listed as uses permitted by right or as conditional uses, as shown in the
Schedule of District Regulations. The Board of Adjustment shall decide questions of interpretation of the use lists.
No use or occupancy of any building, structure or land shall hereafter
be changed to a different use or occupancy, and no building or structure
or part thereof shall hereafter be erected, constructed, reconstructed,
moved or structurally altered unless it conforms to all of the regulations
herein specified for the district in which it is located, except as
hereinafter provided.
No yard shall have a horizontal dimension measured according to directions contained in Article
V, Definitions, less than the minimum yard dimensions specified for the zoning district in which such lot is located as shown on the Zoning Map and the
Schedule of District Regulations.
No structure on a lot shall exceed the maximum height; no dwelling unit shall be smaller in habitable floor area; and no aggregate of buildings on a lot shall exceed the coverage for the zoning district in which such lot is located as specified on the Zoning Map and the
Schedule of District Regulations.
[Added 3-15-2007 by Ord. No. 401]
A. Applicability. This section sets forth mechanisms by which developers
shall provide for a fair share of affordable housing based on growth
that is associated with development taking place within the Township
of Alloway.
(1)
Residential development. Except as exempted in Subsection
B below, all residential development in all zones that results in the construction of new market-rate dwelling units in accordance with N.J.A.C. 5:94-1 et seq., shall be subject to the growth share provisions of this section.
(2)
Nonresidential development. Except as exempted in Subsection
B below, all nonresidential development in all zoning districts within the Township that results in an increase in gross floor area of any existing nonresidential structure or the construction of a new nonresidential structure in accordance with N.J.A.C. 5:94-1 et seq., shall be subject to the growth share provisions of this section; provided, however, that in the case of the demolition of existing nonresidential square footage in order to build new nonresidential square footage, the applicability of the growth share provisions of this section shall only apply to any net increase in square footage for the given development after subtracting the existing square footage demolished from the square footage of the new construction.
B. Exemptions.
(1)
Developments that received preliminary or final approval from
the Planning Board or Zoning Board of Adjustment as applicable, prior to the effective date of this section.
(2)
A single-family dwelling constructed by the owner of an existing
lot of record on said lot.
(3)
The development of a new single-family dwelling by the owner/resident
of an existing inhabited residence that is destroyed or made uninhabitable
by an emergency situation.
(4)
The development of a new single-family dwelling by the owner/resident
of an existing dwelling occupied by said owner/resident which existing
dwelling is to be demolished prior to the start of the new home or
which existing home is required to be demolished prior to the issuance
of a certificate of occupancy for the new home, whichever applies.
C. Residential growth share provisions.
(1)
All residential development which results in the construction
of new market-rate dwelling units in the Township of Alloway in all
zoning districts shall provide one affordable unit for every five
market-rate units constructed.
(2)
All residential development in all zoning districts consisting of five or more residential units shall satisfy the above requirement in Subsection
C(1) by constructing said units on site.
(3)
For developments that result in a number of market-rate residential
units not evenly divisible by five, the developer may construct the
additional affordable unit on site or alternatively, the developer
may make a payment in lieu of constructing the additional affordable
unit. If the developer selects the latter option, the amount of said
payment shall be established by subtracting any whole multiples of
five from the total number of market-rate residential units being
created, dividing any remaining number of units by five and multiplying
the resulting fraction by the subsidy required to create an affordable
housing unit in Alloway Township.
(4)
All residential development in all zoning districts consisting
of less than five residential units may provide one affordable unit
on site or may make a payment in lieu of constructing the proportionate
fraction of the affordable housing unit required. If the developer
selects the latter option, the amount of said payment shall be established
by dividing the number of market-rate units by five and multiplying
the resulting fraction by the subsidy required to create an affordable
housing unit in Alloway Township.
(5)
As an alternative to fulfilling the affordable housing requirements set forth in Subsection
C(2) through
(4) above, developers of residential units in all zoning districts may elect to construct an affordable housing unit elsewhere in Alloway Township or purchase an existing with Alloway Township's Reconstruction (gut rehabilitation) program, buydown program, and/or a Township-sponsored rental program which shall comply with applicable COAH rules at N.J.A.C. 5:94-1 et seq.
(6)
All residential development not subject to the provisions of Subsection
C(2) through
(5) above shall be subject to the provisions of development fees as set forth in Alloway Township Ordinance No. 2004-8.
D. Nonresidential growth share provisions.
(1)
All nonresidential development in all zoning districts that
result in an increase in gross floor area of any existing nonresidential
building or the construction of a new nonresidential building in Alloway
Township shall provide one affordable unit for every 25 jobs that
results from the application of standards adopted by COAH (presently
found in Appendix E of N.J.A.C. 5:94-1 et seq.) and based on use groups,
as defined by the International Building Code (IBC) which has been
incorporated by reference into the Uniform Construction Code (UCC).
(2)
All nonresidential developments in all zoning districts shall
provide one unit of affordable housing for every 25 jobs created by
new or expanded development. Determinations of the number of jobs
created shall be based on the new or expanded floor area in the development
and the conversion factors, by use group, published by COAH as Appendix
E in N.J.A.C. 5:94-1 et seq.
(3)
Except as set forth in Subsection
D(4) below, nonresidential developers in all zoning districts shall construct an affordable housing unit elsewhere in Alloway Township or purchase an existing residential unit elsewhere in Alloway Township in accordance with Alloway Township's Reconstruction (gut rehabilitation) program, buy-down program, and/or municipally sponsored rental program which shall comply with applicable COAH rules at N.J.A.C. 5:94-1 et seq.
(4)
As an alternative to fulfilling the affordable housing requirements set forth in Subsection
D(2) above, the nonresidential developer may make a payment in lieu of constructing the affordable units. The amount of said payment shall be determined by establishing the number of jobs to be created in a development by using the conversion factors published by COAH as Appendix E in N.J.A.C. 5:94-1 et seq., dividing by 25 to determine the number of affordable housing units required and multiplying the resulting figure by the subsidy required to create an affordable housing unit in Alloway Township.
(5)
For developments that result in a number of jobs not evenly divisible by 25, the developer may construct the additional affordable unit off site in accordance with Subsection
D(3) above or alternatively, the developer may make a payment in lieu of constructing an additional affordable unit in accordance with Subsection
D(4) above. If the developer selects the latter option, the amount of said payment shall be established by subtracting any whole multiples of 25 from the total number of jobs being created, dividing any remaining number of jobs by 25 and multiplying the resulting fraction by the subsidy required to create an affordable housing unit in Alloway Township.
(6)
All nonresidential development in all zoning districts creating less than 25 jobs may provide one affordable unit off-site in accordance with Subsection
C above or may make a payment in lieu of constructing an affordable housing unit. If the developer selects the latter option, the amount of said payment shall be established by dividing the number of jobs by 25 and multiplying the resulting fraction by the subsidy required to create an affordable housing unit in Alloway Township.
E. Requirements for constructing affordable units.
(1)
Affordable housing units being constructed on site or off site
shall meet the requirements of the Alloway Township's Affordable Housing
Ordinance, and shall be in conformance with COAH's third round rules
at N.J.A.C. 5:94-1 et seq., and the Uniform Housing Affordability
Controls at N.J.A.C. 5:80-26.1 et seq., including, but not limited
to, requirements regarding phasing schedule, controls on affordability,
low/moderate income split, heating source, maximum rent and/or sales
prices, affordability average, bedroom distribution, and affirmative
marketing.
(2)
To the greatest extent possible, affordable housing units being
provided within inclusionary developments shall be disbursed throughout
inclusionary developments and shall be located within buildings designed
to be architecturally indistinguishable from the market-rate units
otherwise being constructed within the development. To that end, the
scale, massing, roof pitch and architectural detailing (such as the
selection of exterior materials, doors, windows, etc.) of the buildings
containing the affordable housing units shall be similar to and compatible
with that of the market-rate units.
(3)
In providing growth share obligations the density of the underlying
zoning district may be increased by 25%. The final size of any lot
is subject to review by the Township's Planner and Engineer, as well
as an Environmental Engineer if necessary, to determine that the proposed
lot sizes are adequate to provide for an on-site septic system. In
situations where the reduced permitted lot size as a result of the
density bonus is not adequate for a dwelling unit and its associated
septic system, the Township Planner and Engineer will determine a
minimum lot size for that particular site.
(4)
Because no public sewer or water supply systems are available
in the Township thereby requiring onsite provision of septic disposal
and water supply systems, each dwelling unit of a multiunit structure
shall have their own systems unless the multiunit structure will have
only rental units in which case a shared system or systems may be
permitted. All systems shall be designed to be the same in appearance
as those for market-rate single dwellings in the same inclusionary
development. Where mounding is required for on-site septic systems,
the approving authority may require lot area be increased to eliminate
mounding of septic disposal fields or other action taken so affordable
units blend with market-rate units in the same development in this
regard. Lots with a significant amount of clay soils on site may also
have to be enlarged to accommodate the septic systems required.
(5)
No application for an inclusionary development under the provisions
of this section shall be approved by the Land Use Board unless the
following criteria have been satisfied:
(a)
All affordable housing units to be provided in accordance with
the growth share provisions of this section shall be subject to all
provisions of this Alloway Township Development Regulations Ordinance
as applicable.
(b)
Units qualifying under the special provisions of COAH shall
conform to N.J.A.C. 5:93-9 et seq., including uniform deed restrictions
and lien documents. N.J.A.C. 5:93-9 et seq. is hereby adopted by reference
herein, with all lawful amendments thereto to become effective upon
passage.
F. Payment in lieu provisions.
(1)
Any payment in lieu amount shall be derived from the analysis
of the subsidy required to create an affordable housing unit in Alloway
Township, which analysis shall be on file in the office of the Township
Clerk of Alloway Township. The Township Committee shall annually request
the Planning Board to undertake an analysis of housing costs in the
community and make recommendations to the Township Committee on the
amount of the subsidy required to create an affordable housing unit
in Alloway Township and should be based on the requirements for affordable
housing provision as required by the New Jersey Council on Affordable
Housing. The Township Committee shall review the Planning Board recommendations
and set the amount of the subsidy at its annual reorganization meeting
by adopting a resolution setting forth the amount of the subsidy required
to create an affordable housing unit in Alloway Township. The analysis
of housing costs prepared by the Land Use Board shall be made available
for review at the Township Municipal Building.
(2)
All payments in lieu of constructing affordable housing shall
be deposited by Alloway Township in conformance with regulations established
by COAH and shall at all times be identifiable from development fees.
These funds shall be used by Alloway Township in accordance with regulations
established by COAH to create new affordable housing opportunities
within the physical boundaries of Alloway Township.
(3)
Any payment in lieu amount established for a particular development in accordance with the provisions of §
75-36.1 shall be paid to the Township of Alloway prior to the issuance of a zoning permit for the development creating the need to provide affordable units or at such other time or manner as agreed to by the developer and the Alloway Township Committee.