The legislative intent set forth in the above preambles and
recitals are hereby adopted and incorporated by reference herein as
if set forth herein at length.[1]
Quantification of affordable housing obligation for residential developers.
Except as otherwise provided below, in those circumstances where an
applicant seeks to develop land for residential purposes and receives
no right to increased density or other compensatory bonus, said applicant
shall produce and develop on site one residential unit of housing
affordable to low- and moderate-income households for every eight
market-rate residential units constructed (11.11%). In the event 11.11%
of the total units should result in a fraction equaling 1/2% or greater,
the affordable housing obligation shall be rounded to the next higher
number. Affordable housing shall be as defined under the FHA and COAH's
regulations. Nothing herein shall relieve applicants seeking to develop
projects of eight or fewer units from the requirements of the Township's
Mount Laurel Development Fee Ordinance in its current form or any
future form.
For all residential development, an applicant shall satisfy its affordable
housing production obligation through on-site housing production in
connection with the residential project, which is one of the mechanisms
permitted pursuant to COAH's regulations.
The purchase of an existing market-rate home at another location
in the community and its conversion to an affordable price-restricted
home in accordance with COAH's criteria, regulations and policies;
An applicant shall only be entitled to satisfy its affordable housing
obligation via one or more of the alternative mechanisms set forth
above if the applicant demonstrates to the Land Use Board that the
requirement to construct one affordable residential unit for every
eight market-rate residential units on site constitutes a taking of
the applicant's property without just compensation pursuant to the
applicable legal standards.
Before the applicant's development application for final site plan
or subdivision approval is deemed complete, consistent with the Municipal
Land Use Law and the Township of Eagleswood Land Use Board ordinances,
the applicant must secure written permission from the Township of
Eagleswood Land Use Board as to the exact manner in which alternative
mechanism(s) will be used to achieve the creation of one affordable
residential unit for every eight market-rate residential units.
Full and complete satisfaction of compliance with the affordable
housing requirements of the development shall be a specific, automatic,
essential and nonseverable condition of all land use approvals. Pursuant
to this condition, the applicant must demonstrate that it has satisfied
the Land Use Board's affordable housing condition of approval prior
to obtaining the first building permit, and compliance with the affordable
housing condition shall be a continuing condition of all Land Use
Board approvals for development.
Quantification of affordable housing obligation for nonresidential
developers. Except as otherwise provided below, in those circumstances
where an applicant seeks to develop land for nonresidential purposes
and receives no right to an increased floor area ratio, or other compensatory
bonus, the developer shall provide one non-age-restricted affordable
residential unit for every 25 jobs projected to be created by its
development. 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."
For all nonresidential development, the applicant may satisfy its
affordable housing production obligation through the various mechanisms
COAH regulations authorize, including:
The purchase of an existing market-rate home at another location
in the community and its conversion to an affordable price-restricted
home in accordance with COAH's criteria, regulations and policies;
The applicant shall present its planned method of compliance to the
Land Use Board at the time of application filing, and the Board shall,
in its sole discretion, advise the applicant whether the proposed
method of compliance is acceptable, or whether an alternative technique
or combination of techniques permitted by COAH regulations would be
acceptable.
Full and complete satisfaction of compliance with the affordable
housing requirements of the development shall be a specific, automatic,
essential and nonseverable condition of all approvals. Pursuant to
this condition, the applicant must demonstrate that it has satisfied
the Land Use Board's affordable housing condition of approval prior
to obtaining the first building permit, and compliance with the affordable
housing condition shall be a continuing condition of all approvals
for development.
Permissible manner of satisfaction of affordable housing obligation of mixed-use developers. For all projects which include a combination of both residential and nonresidential development, the affordable housing obligation created by the residential portion of the project is set forth in Subsection A above. The permissible manner of satisfaction of the affordable housing obligation for the residential component is set forth in Subsection B above. The affordable housing obligation created by the nonresidential portion of the project is set forth in Subsection C above. The permissible manner of satisfaction of the affordable housing obligation for the residential component is set forth in Subsection D above.
Compliance with COAH's rules. The affordable unit(s) to be produced pursuant to Subsections A, B, C, D and E (above) shall be available to a low-income individual or household should only one affordable unit be required. Thereafter, each of the affordable units shall be divided evenly between low- and moderate-income individuals and households except in the event of the applicable formulas resulting in an odd number of affordable units; in which event the unit shall be a low-income residential unit. All affordable units shall strictly comply with COAH's regulations and policies, including, but not limited to, pricing, phasing, bedroom distribution, controls on affordability, range of affordability, affirmative marketing and income qualification. It shall be the applicant's responsibility, at its sole cost and expense, to arrange for a COAH and Township-approved qualification service to ensure full COAH compliance and to 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.
Development fees may be collected when an existing structure is expanded
or undergoes a more intense use. The development fee that may be collected
shall be calculated on the increase in the equalized assessed value
of the improved structure.
The Township shall not reduce densities from preexisting levels and
then require developers to pay development fees in exchange for an
increased density.
Developments that have received preliminary or final approval prior
to the imposition of a development fee shall be exempt from development
fees unless the developer seeks a substantial change in the approval;
for example, a substantial alteration in site layout, development
density or types of uses within the development.
Developers that convert any portion of an existing residential structure
to a nonresidential use shall pay a development fee. The development
fee shall be based on the increase in the equalized assessed value
of the converted structure.
Nonprofit organizations which have received tax-exempt status
pursuant to Section 501(c)(3) of the Internal Revenue Code, providing
current evidence of that status is submitted to the Municipal Clerk,
together with a certification that services of the organization are
provided at reduced rates to those who establish an inability to pay
existing charges.
Public utilities under the jurisdiction of the New Jersey Board
of Public Utilities to the extent that the construction for which
approval is sought is of a facility which shall house equipment only
and not to be occupied by any employees.
Developers of low- and moderate-income housing units, provided
that the required minimum percentage of residential units in the development
are affordable units in accordance with applicable COAH regulations
establishing minimum set-asides for low- and moderate-income sales
and rental housing. Where affordable housing units are required to
be constructed and where the developer has been authorized to pay
a development fee in lieu of building the affordable housing units,
developers shall pay a fee equal to the cost of subsidizing the affordable
housing units that are not built.
Right to greater set-aside if compensatory benefit. As to residential
developers, nothing herein shall affect the municipality's ability
to generate more affordable housing than the one-for-eight standard
set forth above in the event that the developer secures a density
bonus or other compensatory benefit through zoning or through a use
variance. As to nonresidential developers, nothing herein shall affect
the Township's ability to generate more affordable housing than the
one affordable residential unit for every 25 jobs standard set forth
above in the event that the developer secures an increased FAR or
other compensatory benefit through zoning or through a use variance.