[Added 4-26-2006 by Ord. No. 5/06]
A.
Applicable zoning districts. All development located
within the following zoning districts of the Town of West New York
shall be governed by the ratio requirements set forth herein for the
provision of affordable housing:
B.
Eligible development activity. This article 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.
C.
Residential development requirements. All new residential
development of 10 dwelling units or more in any applicable zoning
district shall be required to provide affordable housing at the ratio
of at least one affordable unit for every eight new market-rate residential
units proposed. The affordable housing requirement shall be rounded
to the hundredth decimal place.
D.
Nonresidential development requirements. All new nonresidential
development in any applicable zoning district shall be required to
provide affordable housing constructed at the ratio of at least one
affordable unit for every 25 new jobs created as a result of the proposed
nonresidential development project. The calculation of the number
of jobs created shall be in accordance with COAH's Substantive Rules
found at N.J.A.C. 5:94-1 et seq., as amended. The affordable housing
requirement shall be rounded to the hundredth decimal place.
E.
Mixed-use (residential and nonresidential) development
requirements. All new mixed-use development in any applicable zoning
district shall be required to provide affordable housing constructed
at the sum of the calculation of applying the separate ratios for
the residential and nonresidential components of the development.
The priority for providing affordable housing
shall be as follows:
A.
The provision of the required number of affordable
units shall be met and required first through on-site construction,
and on-site constriction shall be treated as the highest and best
preference for provision of affordable units.
B.
If on-site construction cannot be accomplished, then
the obligation shall be met through the creation of affordable units
elsewhere within the Town of West New York in accordance with one
of the following options and in accordance with COAH's rules:
(1)
The purchase of an existing market-rate dwelling unit
within the municipality and its conversion to an affordably priced
unit;
(2)
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); and/or
(3)
Participation in gut rehabilitation and/or buy-down/write-down
or buy-down/rent-down programs.
C.
Affordable age-restricted housing will not be permitted
to satisfy the affordable housing requirements of this article unless
the developer can demonstrate that such housing will not cause the
Town of West New York wide number of affordable age-restricted units
to be more than 50% of the Town's growth share obligation.
D.
A payment in lieu of construction to the Town of West
New York.
Specific regulations for construction of affordable
housing within a residential development shall be as follows:
A.
The design of the building or buildings for affordable
housing units shall resemble as nearly as possible the design for
the market units within the development.
B.
All required setbacks, building height and coverage
limits for theunderlying zone shall be applicable on residential lots
containing affordable housing units, except that, for the purposes
of accommodating walkways and parking for the affordable units, the
maximum impervious lot coverage on any lot containing affordable units
may be increased by up to 15% more than the coverage limit otherwise
allowed on the lot.
C.
Mandatory on-site construction of affordable housing
units shall not increase the residential density permitted in the
underlying zoning district.
D.
All affordable units shall comply with COAH's rules
pertaining to the phasing of construction, integration, split between
low- and moderate-income units, controls on affordability, bedroom
distribution, affirmative marketing, heating source, and administration
of the affordable units, as set forth in N.J.A.C. 5:94 et seq., as
amended, and elsewhere in the COAH rules.
Specific regulations for affordable units within
a nonresidential development and/or mixed-use development shall be
as follows.
A.
Affordable housing units may be constructed within
or converted from space above the first floor level in nonresidential
mixed-use buildings or may be constructed as new space above the first
floor level on the same site as a permitted nonresidential use or
development, subject to site plan review by the board having jurisdiction.
B.
All required setbacks, building height and coverage
limits for the underlying zone shall be applicable on nonresidential/mixed-use
lots containing affordable housing units, except that, for the purposes
of accommodating walkways and parking for the affordable units, the
maximum impervious lot coverage on any lot containing affordable units
may be increased by up to 15% more than the coverage limit otherwise
allowed on the lot.
C.
Mandatory on-site construction of affordable housing
units shall not increase the residential density permitted in the
underlying zoning district.
D.
In computing the required parking for any mixed-use
development containing affordable housing units, consideration shall
be given to shared parking opportunities.
E.
All affordable units shall comply with COAH's rules
pertaining to the phasing of construction, integration, split between
low- and moderate-income units, controls on affordability, bedroom
distribution, affirmative marketing, heating source, and administration
of the affordable units, as set forth in N.J.A.C. 5:94 et seq., as
amended, and elsewhere in the rules.
A.
A nonresidential developer required to contribute
to the Housing Trust Fund shall make a contribution to such fund in
the amount of 1% of the equalized assessed value of the residential
development.
B.
A residential developer electing to contribute to
the Housing Trust Fund shall, in lieu of building low- or moderate-income
housing, shall make a contribution of $27,500 in lieu of constructing
each required low-income unit and $12,500 in lieu of constructing
each required moderate-income unit.
C.
Collection of fees.
(1)
Developers shall pay 50% of the calculated payment
in lieu of construction to the Town of West New York at the issuance
of building permits. The payment in lieu of construction shall be
estimated by the Construction Official prior to the issuance of building
permits.
(2)
Developers shall pay the remaining fee to the Town
of West New York at the issuance of certificates of occupancy. The
developer shall be responsible for paying the difference between the
fee calculated at certificate of occupancy and the amount paid at
issuance of a building permit.
D.
Growth Share Housing Trust Fund.
(1)
There is hereby created an interest-bearing Housing
Trust Fund in Hudson United Bank or such other bank licensed to hold
trust funds in New Jersey as designated in writing by the Mayor and
Board of Commissioners for the purpose of receiving contributions
from developers. All contributions paid by developers pursuant to
this article shall be deposited in this fund. No money shall be expended
from the trust fund unless the expenditure conforms to a spending
plan approved by COAH.
(2)
If COAH determines that the Town of West New York
is not in conformance with COAH's rules on payments in lieu of construction,
COAH is authorized to direct the manner in which all payments in lieu
of construction collected pursuant to this article shall be expended.
Such authorization is pursuant to this article, COAH's rules on payments
in lieu of construction and the written authorization from the governing
body to the Hudson United Bank.
E.
Use of growth share funds. Money deposited in a growth
share housing trust fund may be used for any activity approved by
COAH for addressing the Town of West New York low- and moderate-income
housing obligation. Such activities may include, but are not necessarily
limited to, housing rehabilitation, new construction, the purchase
of land for low- and moderate-income housing sites, assistance designed
to render units more affordable to low- and moderate-income households
and administrative costs necessary to implement the Town of West New
York housing element. The expenditure of all money shall conform to
a spending plan approved by COAH.
A.
Substantial charges.
(1)
Development that has received preliminary or final
approval, or in the case of a building permit application the issuance
of a building permit, before the effective date of this article shall
not be required to provide affordable housing as set forth herein
unless a substantial change in the development is sought. If a substantial
change to a prior preliminary or final approval or a building permit
application is sought, then the developer shall be required to comply
with this article. For the purpose of preliminary or final approvals
existing before the effective date of this article, a "substantial
change" to such an approval is defined as follows:
(a)
Five feet of improvements into any yard setback;
(b)
Seven feet in building height;
(c)
One percent in floor area ratio;
(d)
One percent in impervious coverage;
(e)
Five feet in building spacing or location;
(f)
Three parking spaces;
(g)
Five feet in driveway locations;
(h)
One percent in site disturbances;
(i)
Five feet in lot line locations;
(j)
Any change in residential density;
(k)
Any chance in use that encompasses more than
1% of the approved building floor area;
(l)
Any new variances pursuant to N.J.S.A. 40-55D-7(c)
or (d);
(2)
Any such change enumerated above shall not alter the
percentage of low- or moderate-income housing in an approved project,
if applicable.
B.
When a prior approval exists, this article shall be
applicable as a condition of approval under the following additional
circumstances:
C.
This article shall not change any approved developer's
agreement between a developer and the Town of West New York so long
as the agreement contains a negotiated and approved requirement for
meeting COAH obligations generated by the development.
A.
Every development applicant shall be required to submit
a proposed affordable housing production plan (AHPP) at the time the
application is made. The AHPP shall be a condition of the "completeness"
determination. Each AHPP shall be the subject of review for consistency
with COAH's Rules, the Fair Housing Act, this article, and the Town
of West New York Housing Element and Fair Share Plan as proposed and/or
approved by COAH, and such other rules and regulations as may be applicable.
This review shall be conducted by the Town of West New York Planner
or by such other person or entity as shall be designated to administer
the Town of West New York's COAH matters.
B.
The AHPP shall be approved by the board hearing the
development application, or the Construction Official in the case
of a building permit application. The board shall consider the Town
of West New York wide impacts of providing affordable housing, as
well as the impact upon the Town of West New York's Housing Element
and Fair Share Plan as proposed and/or approved by COAH.
C.
Compliance with COAH's Rules and with the approved
AHPP shall be a condition of the board's resolution of approval and
may be covered by appropriate performance and maintenance guarantees
as with any other required improvement. In the case of a building
permit application, compliance with the AHPP shall be a condition
of the issuance of a certificate of occupancy.
D.
The board hearing a development application shall
ensure that this article is applied to every development within the
Town of West New York. The board shall require that the applicant
or successor-in-interest shall comply with the terms of this article.
The manner and method of compliance with this article shall be set
forth in the board's resolution of approval or shall be set forth
in a written developer's agreement between the applicant and the Town
of West New York, which developer's agreement must be approved and
executed before any building permit is issued.
E.
It shall be the developer's responsibility, at its
sole cost and expense, to contract with a COAH-approved and Town-designated
experienced entity for the initial and ongoing administration of the
controls on affordability so as to ensure full COAH compliance. The
designated administrative entity shall, by February 1 of each year
and as needed throughout the year, file with the Town Clerk of the
Town of West New York such certifications, reports and/or monitoring
forms as may be required by COAH to verify the continuing compliance
of each affordable unit with COAH's Rules.
F.
Developments covered by this article shall be exempt
from the payment of development fees pursuant to any development fee
ordinance adopted by the Town of West New York.
A.
All ordinances or parts of ordinances inconsistent
with this article are hereby repealed to the extent of such inconsistency
only.
B.
If a court of competent jurisdiction shall declare
any section, paragraph, subsection, clause, or provision of this article
to be invalid, then such decision shall not affect the validity of
this article as a whole or any part thereof.
