Except as otherwise noted, any nonresidential
development application submitted to the Planning Board or Board of
Adjustment that is required to produce at least one affordable unit
and all whole units thereafter pursuant to COAH's regulations found
in Appendix E, N.J.A.C. 5:94-1 et seq., shall be required to provide
such affordable housing. Nonresidential development which does not
create the requirement for at least one affordable unit, or development
which falls short of creating a whole unit thereafter, shall be required,
for each incremental job created, to provide a payment in lieu of
constructing affordable housing equal to 4% of the cost of construction
of an affordable unit as determined by the Springfield Township Council.
Such payment shall be made to the Springfield Township Affordable
Housing Trust Fund. 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
Non-residential Components of Growth Share."
The affordable unit(s) to be produced pursuant to §§
35-39,
35-40 and
35-41 (above)shall be available to a low-income individual or household should only one affordable unit be required. Thereafter, each of the units shall be split evenly between low- and moderate-income individuals and households except in the event of an odd number in which event the unit shall be a low-income unit. All affordable units shall strictly comply with COAH's rules and policies, including, but not limited to, phasing, bedroom distribution, controls on affordability, range of affordability, affirmative marketing, income qualification, etc. It shall be the developer's responsibility, at its cost and expense, to arrange for an administering agency approved by COAH and the Township to ensure full COAH compliance and file such certifications, reports and/or monitoring forms as may be required by COAH to verify COAH compliance of each affordable unit.
Upon completion of a development project and
before release of any portion of the performance bond, the developer
or his administering agency shall transfer to the Township complete
documentation of all COAH compliance measures, including but not limited
to certifications, income qualifications, affirmative marketing reports,
deed restrictions, and monitoring forms.