[Added 5-1-2006 by Ord. No. 7-2006]
A.
This article of the Land Use Regulations of Harrison
Township 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 Harrison Township.
B.
Residential development. Except as exempted in § 225-111, all residential development in the RR, R-1 and R-2 Zoning District that results in the construction of new market-rate dwelling units in accordance with N.J.A.C. 5:94-1 et seq., shall be subject to the growth share provisions of this chapter.
C.
Nonresidential development. All nonresidential development that results in an increase in gross floor area of any existing nonresidential building or the construction of a new nonresidential building in Harrison Township or the creation of additional jobs shall be subject to the provisions for payment of development fees pursuant to § 110-9 of the Township Code, Nonresidential development fee.
[Amended 7-2-2007 by Ord. No. 30-2007]
[Amended 3-5-2012 by Ord. No. 16-2012]
Developments that received preliminary or final
approval from the Combined Planning Board, as applicable, prior to
the effective date of this article are exempt.
A.
All residential development which results in the construction
of new market-rate dwelling units in Harrison Township in RR, R-1
and R-2 Zoning Districts shall provide one affordable unit for every
eight market rate units constructed.
B.
All residential development in the RR, R-1 and R-2
Zoning Districts consisting of eight or more residential units shall
satisfy the above requirement by constructing said units either on
site or off site, or in the alternative, by a payment in lieu of constructing
the affordable units.
C.
For developments that result in a number of market-rate
residential units not evenly divisible by eight, the developer may
construct the additional affordable unit onsite 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 eight 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 the subsidy required to create an affordable
housing unit in Harrison Township.
D.
All residential development in the RR, R-1 and R-2
Zoning Districts consisting of less than eight 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 the subsidy
required to create an affordable housing unit in Harrison Township.
E.
As an alternative to fulfilling the affordable housing requirements set forth in Subsections B through D above, with the approval of the Planning Board, developers of residential units in the RR, R-1 and R-2 Zoning Districts may elect to construct an affordable housing unit elsewhere in Harrison Township or purchase an existing residential unit elsewhere in Harrison Township in accordance with Harrison Township's buy-down program or municipally sponsored rental program, which shall comply with applicable COAH rules at N.J.A.C. 5:94-1 et seq.
[Amended 7-2-2007 by Ord. No. 30-2007; 4-7-2008 by Ord. No.
10-2008]
All nonresidential development in any district of the Township that results in an increase in gross floor area of any existing nonresidential building or the construction of a new nonresidential building in Harrison Township shall be subject to the provisions for payment of development fees as set forth in § 110-9 of the Township Code.
A.
In a mixed use district, residential development shall
provide one affordable housing unit for every eight market-rate units.
These units may be constructed either on site, off site or, in the
alternative, the developer may provide a payment in lieu of constructing
the affordable units.
B.
Nonresidential development. All nonresidential development in a mixed-use district shall be subject to the provisions for the payment of development fees as set forth in § 110-9 of the Township Code.
[Amended 7-2-2007 by Ord. No. 30-2007]
C.
For developments in the mixed use district that result
in a fractional affordable housing obligation, 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 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 the
subsidy required to create an affordable housing unit in Harrison
Township. The amount of said payment for residential development shall
be determined by subtracting any whole multiples of eight 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 the subsidy required to create an affordable housing unit
in Harrison Township.
A.
Affordable housing units being constructed on site
or off site shall meet the requirements of the Harrison Township's
Affordable Housing Ordinance,[1] 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.
B.
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.
C.
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 R-4,
Special Residential District.
A.
Any payment-in-lieu amount shall be derived from the
analysis of the subsidy required to create an affordable housing unit
in Harrison Township, which analysis shall be on file in the office
of the Planning Board.
B.
All payments in lieu of constructing affordable housing
shall be deposited by Harrison Township into an affordable housing
trust fund to be established by Harrison Township in conformance with
regulations established by COAH and shall at all times be identifiable
from development fees. These funds shall be used by Harrison Township
in accordance with regulations established by COAH to create new affordable
housing opportunities within the physical boundaries of Harrison Township.
C.
Any payments in lieu of obligation to construct affordable
housing units may be paid in two installments. If an installment payment
is chosen, 50% of the payment shall be paid prior to the issuance
of any construction permit for the project and the balance of the
payment shall be paid prior to the issuance of the first certificate
of occupancy.
[Added 4-7-2008 by Ord. No. 10-2008]
[Added 4-7-2008 by Ord. No. 10-2008;
amended 12-1-2008 by Ord. No. 41-2008]
A.
Nothing herein shall affect the Township’s ability
to generate more affordable housing than one affordable unit for every
eight market units constructed in the event: a) that a residential
developer secures a density bonus or other compensatory benefit through
zoning or a use variance; or b) that a residential developer has secured
a density bonus or other compensatory benefit through zoning or a
use variance and has agreed to provide the necessary affordable housing
resulting from the adoption of a zoning amendment or grant of a use
variance. In either event, the developer shall have an obligation
to maintain a set-aside of 20% on site.
B.
Alternatively, in the event of the circumstances set forth in § 225-117A, the Township shall have the right to conduct a study and demonstrate that the site can be developed with a set-aside of higher than 20%, based upon a showing that the benefits conferred by the enhancement equal or exceed the burdens created by the higher set-aside.
