[Added 4-19-2005 by Ord. No. 354-2D-05]
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]
[1]
Editor's Note: The preamble to Ord. No. 354-2D-05
reads as follows:
"WHEREAS, the New Jersey Supreme Court and
New Jersey Legislature have recognized and mandated in So. Burl. Co.
NAACP v. Mount Laurel. 92 N.J. 158 (1983) ["Mount Laurel II"] and
the Fair Housing Act, N.J.S.A. 52:27D-301, et seq. ("FHA") that every
municipality in New Jersey has an affirmative obligation to facilitate
the prompt provision of affordable housing; and
"WHEREAS, the New Jersey Council on Affordable
Housing ("COAH") is the state administrative agency created pursuant
to the FHA vested with primary jurisdiction for the administration
of affordable housing obligations in accordance with sound regional
planning considerations in New Jersey; and
"WHEREAS, COAH's third cycle Substantive Rules
(N.J.A.C. 5:94-1 et seq.) seek to implement a "growth share" approach
to affordable housing production which the Township of Brick feels
is fair, equitable and reasonable because it requires affordable housing
to be produced in conjunction with all residential and nonresidential
growth and development on a uniform and Township-wide basis in conjunction
with normal growth and market forces thereby (a) evenly distributing
housing production, and (b) avoiding the concentration and segregation
of affordable units and low- and moderate-income households to isolated
locations within communities; and
"WHEREAS, the Township of Brick desires to
implement the "growth share" policies promulgated and announced by
COAH in its third cycle Substantive Rules in an effort to foster the
production of affordable housing opportunities for the Mount Laurel
beneficiaries through the third housing cycle which extends from 2000
to 2014."
A.
Residential development. Except as otherwise provided
below, any residential development in any zoning district in the Township
shall set aside 12.5% (rounded to the next higher number if 0.5% or
greater) of said units for affordable housing as said term is defined
under the FHA and COAH's rules. If the development consists of less
than eight units, the developer may make a payment in lieu of the
on-site production of affordable housing.
B.
Nonresidential development. All nonresidential development
applications submitted to the Planning Board or Board of Adjustment
shall be required to produce one non-age-restricted affordable home
meeting COAH's eligibility criteria for every 25 new jobs or employment
opportunities created in the Township as a result of the proposed
nonresidential development project. If the development creates less
than 25 employment opportunities, the developer may make a payment
in lieu of the production of affordable housing. 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."
C.
If a developer is required to make a payment in lieu as set forth in Subsection A or B above, the payment shall be pro rated based upon the minimum regional contribution agreement (RCA) payment as set forth in N.J.A.C. 5:94-5.4, or any amendment thereto, plus the Township's soft costs to administer such payment. The formula used to calculate the residential payment shall be a fraction, with the number of units constructed as the numerator and eight as the denominator, multiplied by the sum of the RCA fee and the Township's soft costs to administer the payment. The formula for nonresidential development shall be a fraction, with the number of jobs created as the numerator and 25 as the denominator, multiplied by sum of the RCA fee and the Township's soft costs to administer the payment. For example, if a developer produces five residential units and the Township's soft costs related to the payment are $2,000, its fee will be calculated as: 5/8 by ($35,000 plus $2,000) equals $23,825.
D.
The applicant may choose to satisfy its affordable
housing production obligation(s) through the mechanisms permitted
in COAH's rules, including, with the approval of the Planning or Zoning
Board 1) on-site housing production in connection with residential
projects; 2) 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;
3) the funding of a regional contribution agreement (RCA); and/or;
4d) participation in gut rehabilitation and/or buy-down/write-down,
buy-down/rent-down programs. Evidence of satisfaction of affordable
housing compliance shall be an automatic condition of all approvals
that must be satisfied prior to the issuance of the project's first
building permit.
The affordable unit(s) to be produced pursuant to § 245-76A, B and C 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 a COAH- and Township-approved qualification service to ensure full COAH compliance and 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.
Residential inclusionary projects constructed
in the affordable housing districts identified in the Township's COAH
and/or judicially approved second-round Housing Element and Fair Share
Plan shall be exempt from the requirements of this article. However,
a nonresidential growth share responsibility in accordance with this
article shall be attributable to all nonresidential uses constructed
in mixed-use and/or nonresidential projects in the Township's existing
affordable housing districts. Moreover, all growth share affordable
units produced by virtue of this article shall be exempt from the
payment of residential affordable housing development fees. However,
market-rate residential and nonresidential development fees shall
remain due and owing pursuant to the Township's COAH- and court-approved
Development Fee Ordinance except for exempt residential inclusionary
developments.[1]
