Township of Maplewood, NJ Article VII Affordable Housing

§ 271-72 Uniform affordable housing production based upon growth share.

[Added 4-18-2006 by Ord. No. 2349-06]

A. Applicability.

(1) This subsection of the land use regulations of Maplewood 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 Maplewood.

(2) Residential development. Except as exempted in Subsection B, all residential development in any zone that results in the construction of new market-rate dwelling units shall be subject to the growth share provisions of this section.

(3) Nonresidential development. Except as exempted in Subsection B, all nonresidential development in any zone that results in an increase in gross floor area of any existing nonresidential structure or the construction of a new nonresidential structure shall be subject to the growth share provisions of this section.

B. Residential growth share provisions.

(1) All residential development which results in the construction of new market-rate dwelling units in any zone shall provide one affordable unit for every eight market-rate units constructed.

(2) All residential development in any zone consisting of nine or more residential units shall provide one affordable housing unit on site for every eight market-rate units.

(3) For developments that result in a number of market-rate residential units not evenly divisible by nine, 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 nine from the total number of residential units being created, dividing any remaining number of units by eight and multiplying the resulting fraction by $287,600.55.

(4) All residential development in any zone consisting of less than nine 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 eight and multiplying the resulting fraction by $287,600.55.

(5) As an alternative to fulfilling the affordable housing requirements set forth in Subsection B(2) through B(4) above, developers of residential units in any zone may seek the written authorization of the Township Committee either to construct an affordable housing unit elsewhere in the Township of Maplewood or purchase an existing residential unit elsewhere in the Township of Maplewood in accordance with any reconstruction (gut rehabilitation) program, buydown program, and/or municipally sponsored rental program which the Township of Maplewood may devise in accordance with N.J.A.C. 5:94-1 et seq. If the developer fails to secure written authorization or if the Township of Maplewood does not adopt such a program, then the residential developer shall construct the nonage-restricted affordable unit on site.

(6) All affordable units constructed by a residential developer pursuant to this section shall be nonage-restricted. Notwithstanding this provision, in the event the proposed residential development consists entirely of age-restricted units, the developer may seek the written authorization of the Township Committee for permission to satisfy the affordable housing requirements of this section by constructing age-restricted affordable units on site.

C. Nonresidential growth share provisions.

(1) All nonresidential development in any zone that results in an increase in gross floor area of any existing nonresidential building or the construction of a new nonresidential building in the Township of Maplewood shall provide one affordable unit within the Township of Maplewood 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 any zone shall provide one unit of affordable housing within the Township of Maplewood for every 25 jobs projected to be 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 C(4) below, nonresidential developers in any zone shall, subject to the developer first securing prior written authorization from the Township, either construct a nonage-restricted affordable housing unit elsewhere in the Township of Maplewood or shall purchase an existing residential unit elsewhere in the Township of Maplewood in accordance with any reconstruction (gut rehabilitation) program, buydown program, and/or municipally sponsored rental program the Township of Maplewood may devise in accordance with N.J.A.C. 5:94-1 et seq. If the developer fails to secure such written authorization or if the Township of Maplewood does not adopt such a program, the nonresidential developer shall make the payment in lieu of constructing the affordable units as set forth in Subsection C(4) below.

(4) As an alternative to fulfilling the affordable housing requirements set forth in Subsection C(2) above in the manner provided in Subsection C(3) 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 $287,600.55.

(5) For developments that result in a number of jobs not evenly divisible by 25, the developer may construct the additional nonage-restricted affordable unit off site in accordance with Subsection C(3) above or, alternatively, the developer may make a payment in lieu of constructing an additional affordable unit. 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 $287,600.55.

(6) All nonresidential development in any zone creating less than 25 jobs may provide one nonage-restricted affordable unit off site in accordance with Subsection C(3) 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 $287,600.55.

D. Mixed use growth share provisions.

(1) In the event of a project consisting of mixed uses: a) residential development shall provide one nonage-restricted affordable housing unit on site for every eight market-rate residential units; and b) nonresidential development shall provide one nonage-restricted affordable housing unit on site 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. Affordable units may be part of or included within a mixed-use structure or may be constructed in a separate building(s) on the same site.

(2) For mixed-use developments within any zone that result in a fractional affordable housing obligation, the developer may construct the additional nonage-restricted affordable housing unit on site or, alternatively, subject to the developer first securing Township authorization, the developer may make a payment in lieu of constructing the additional affordable unit only. The amount of said payment for nonresidential development 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., subtracting any whole multiples of 25 from the total number of jobs being created, dividing any remaining number of units by 25 and multiplying the resulting fraction by $287,600.55. The amount of said payment for residential development shall be determined by subtracting any whole multiples of nine from the total number of market-rate residential units being created, dividing any remaining number of units by eight and multiplying the resulting fraction by $287,600.55.

(3) All affordable units constructed by a mixed-use developer pursuant to this section shall be nonage-restricted. Notwithstanding this provision, in the event the proposed residential development consists entirely of age-restricted units, the developer may seek the written authorization of the Township Committee for permission to satisfy the affordable housing requirements of this section by constructing age-restricted affordable units on site.

E. General provisions for constructing affordable units.

(1) Affordable housing units being constructed on site or off site shall meet the requirements of Maplewood'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. The developer shall bear all costs associated with compliance 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.

(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) Single-family attached buildings in the form of semidetached (side-by-side) units or duplex (over and under) units, triplex and quadplex buildings shall be deemed to be permitted uses in the underlying zone when created for the purpose of meeting the growth share obligation on site and shall conform to the bulk standards set forth in § 271-70 C(4) governing the Township's Residential Garden Apartment (RGA) District.

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 the Township of Maplewood, which analysis shall be on file in the Township Clerk's Office.

(2) All payments in lieu of constructing affordable housing shall be deposited by the Township of Maplewood into an affordable housing trust fund to be established by Maplewood in conformance with regulations established by COAH and shall at all times be identifiable from development fees. These funds shall be used by Maplewood in accordance with regulations established by COAH to create new affordable housing opportunities within the physical boundaries of the Township.

§ 271-72.1 Affordable housing mandatory set-aside.

[Added 9-17-2018 by Ord. No. 2921-18]

A. Purpose. This section is intended to ensure that any site that benefits from a rezoning, variance or redevelopment plan approved by the Township or a Township Land Use Board that results in multifamily residential development of five or more new dwelling units produces affordable housing at a set-aside rate of 20% for for-sale affordable units and at a set-aside rate of 15% for rental affordable units. This section shall apply except where inconsistent with applicable law.

B. Mandatory set-aside.

(1) If the Township or a Township Land Use Board permits the construction of multifamily or single-family attached residential development that is "approvable" and "developable," as defined at N.J.A.C. 5:93-1.3[1], the Township or the Township's Land Use Board shall require that an appropriate percentage of the residential units be set aside for low- and moderate-income households. This requirement shall apply beginning with the effective date the ordinance creating this section was adopted to any multifamily or single-family attached residential development, including the residential portion of a mixed-use project, which consists of five or more new residential units, whether permitted by a zoning amendment, a variance granted by the Township's Land Use Board, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation. For any such development for which the Township's land use ordinances (e.g., zoning or on adopted redevelopment plan) in effect as of the effective date the ordinance creating this section was adopted already permitted residential development at a specific density explicitly set forth in the Township's land use ordinances, this requirement shall only apply if the Township permits an increase in the permitted (and approvable and developable) residential density to at least twice that already permitted as of the effective date of the ordinance creating this section was adopted. Nothing in this subsection precludes the Township or the Township's Land Use Board from imposing an affordable housing set-aside in a development not requited to have a set-aside pursuant to the paragraph consistent with N.J.S.A. 52:27D-311(h) and other applicable law. For inclusionary projects in which the low and moderate units are to be offered for sale, the appropriate set-aside percentage is 20%; for projects in which the low- and moderate-income units are to be offered for rent, the appropriate set-aside percentage is 15%. This requirement does not create any entitlement for a property owner or applicant for a zoning amendment, variance, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation, or for approval of any particular proposed project. This requirement does not apply to any sites or specific zones otherwise identified in the Township's Settlement Agreement with FSHC dated September 5, 2017, or in the Township's Housing Element and Fair Share Plan, adopted by the Township Planning Board on March 13, 2018, and endorsed by the Township Council on March 20, 2018, for which density and set-aside standards shall be governed by the specific standards set forth therein.

[1] Editor's Note: N.J.A.C. 5:93-1.3 expired on October 16, 2016.

(2) Furthermore, this section shall not apply to developments containing four or less dwelling units. All subdivision and site plan approvals of qualifying residential developments shall be conditioned upon compliance with the provisions of this section. Where a developer demolishes existing dwelling units and builds new dwelling units on the same site, the provisions of this section shall apply only if the net number of dwelling units is five or more.