[HISTORY: Adopted by the Mayor and Council of the Borough
of Andover as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-14-2008 by Ord. No. 2008-4]
The growth share requirements contained in this chapter shall
be applied to all construction within the Borough of Andover. Responsibility
for constructing an affordable housing unit shall be as provided for
under this chapter. Furthermore, this chapter shall apply regardless
of whether a minor subdivision, major subdivision or site plan is
involved in the creation of the lot under construction or if the construction
is on a preexisting lot. The obligation for growth share construction
shall apply regardless of whether or not the property owner or developer
has obtained preliminary or final approval for the construction. For
all new construction, the triggering mechanism for growth share responsibility
shall be the issuance of a building permit for new construction.
A.
Residential development which results in the construction of new market-rate dwelling units shall provide one affordable housing unit on site for every four market-rate units constructed. In the event that a developer is constructing fewer than four market-rate units and desires not to build an affordable unit, it shall make a payment in lieu of constructing the affordable unit. The amount of the payment shall be established by utilizing the formula contained in § 135-8 of this chapter.
B.
For developments that result in a number of market-rate residential units greater than four but not evenly divisible by four, the developer shall construct the whole number of affordable units on site; and for fractional units, if the developer desires not to build the additional affordable unit, the developer shall make a payment in lieu of constructing the additional affordable unit. The amount of the payment shall be established by utilizing the formula contained in § 135-8 of this chapter.
Any applicant for a nonresidential development in the Borough of Andover that includes the creation of new jobs shall be required to provide the number of affordable housing units equivalent to one affordable housing unit for every 16 new jobs created by the development. For any fractional unit, if the developer desires not to construct the additional unit, the developer shall make a payment in lieu of constructing the additional unit utilizing the formula in § 135-8 of this chapter. In accordance with the Substantive Rules of the New Jersey Council on Affordable Housing (COAH), the calculation of the number of new jobs shall be in accordance with Appendix E to COAH's Substantive Rules (N.J.A.C. 5:94-1 et seq.), which is entitled "UCC Use Groups for Projecting and Implementing Nonresidential Components of Growth Share."
All affordable housing units shall fully comply with all applicable Substantive Rules and policies of the New Jersey Council on Affordable Housing (COAH), including but not limited to bedroom distribution, controls on affordability, household income qualification and eligibility, range of affordability, affirmative marketing and the construction phasing of the market versus the affordable housing units. Fifty percent of the affordable units constructed in accordance with §§ 135-2 and 135-3 hereinabove shall be available to low-income households, and 50% shall be available to moderate-income households, provided that any single remaining unit shall be available to a low-income household.
Except for major subdivision or site plan approvals involving four or more units or 16 or more jobs where on-site production of affordable housing units is required, and further provided that the applicant obtains advanced written permission from the governing body of the Borough of Andover, the applicant may choose to satisfy its affordable housing obligation calculated in accordance with §§ 135-2 and 135-3 with one or more of the following alternatives as permitted by COAH's Substantive Rules, as set forth below:
A.
On-site production of affordable housing units;
B.
The purchase of an existing market-rate dwelling unit within the
municipality and its conversion to an affordably priced unit;
C.
The purchase of an existing market-rate dwelling unit within the
municipality and its conversion to an "alternative living arrangement"
facility (i.e., group home);
D.
Participation in gut rehabilitation and/or buy-down/write-down or
buy-down/rent-down programs; and/or
The applicant shall obtain written permission from the governing
body of the Borough of Andover endorsing the applicant's plan for
satisfying the affordable housing obligation created by the proposed
development, which shall be submitted to the Land Use Board at the
time the application for development is submitted for review and approval
and shall be considered a condition for the application being determined
complete.
A.
Permitted housing types for affordable units. More than one affordable
unit may be on a building lot. Single-family, duplex and triplex structures,
which are affordable housing units, are permitted in the Borough of
Andover.
B.
The affordable housing structures shall be consistent in size and
architectural features with the neighborhood or as approved by the
Land Use Board.
C.
If applicable, septic systems for the affordable housing units on
the same lot may only share the leach field and shall be maintained
with an annual maintenance fee from each unit, at the discretion of
the Land Use Board. Each owner shall maintain other septic system
components. Any septic system arrangement under this provision is
subject to Sussex County Board of Health approval.
In lieu of construction of an affordable unit for a partial
obligation, i.e., 3/4 or 13 jobs, for example, each residential unit
to be constructed will be obligated for the payment of 1/4 and each
nonresidential unit will be obligated to pay 1/16 of the in-lieu-of
cash contribution. For purposes of this chapter, the in-lieu-of cash
contribution shall initially be established as $180,000. The cash
contribution is presumptively the cost of an affordable unit either
in a single-family subdivision setting, including land, or one unit
in a multifamily setting, including land. The Land Use Board may adjust
from time to time the presumptive amount based upon the evidence.
A.
The residential units shall be constructed on a schedule in accordance
with Section 4.4(f) of the COAH regulations:
|
Percentage of Market Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
|---|---|
|
25%
|
0%
|
|
25% plus 1 unit
|
10%
|
|
50%
|
50%
|
|
75%
|
75%
|
|
90%
|
100%
|
B.
Nonresidential development shall be constructed based upon the same
percentages above by substituting nonresidential development progress
for market-rate units.
Growth share housing is a permitted use in every residential
zone and a conditionally permitted use in every nonresidential zoning
district to the extent that production of affordable housing units
is mandated by this chapter.
The Municipal Clerk is hereby directed to give notice at least
10 days prior to the hearing on the adoption of this chapter to the
County Planning Board and to all other entities thereto pursuant to
the provisions of N.J.S.A. 40:55D-15. The Municipal Clerk is further
directed to refer this chapter to the Andover Borough Land Use Board,
pursuant to N.J.S.A. 40:55D-64. Upon the adoption of this chapter,
after public hearing thereon, the Municipal Clerk is further directed
to publish notice of the passage thereof and to file a copy of this
chapter, as finally adopted, with the Sussex County Planning Board,
as required by N.J.S.A. 40:55D-16.
