In addition to the development regulations set forth in Chapter 134, Land Development, affordable housing development shall incorporate the following provisions:
A.
Location of units. The affordable units to be provided pursuant to
the provisions of this chapter shall be located at the same site and
shall not be isolated from the market-rate units in any manner. However,
where the developer is constructing rental affordable housing in a
market-rate development where the market-rate units are to be sold,
the affordable housing rental units may be clustered to assist in
managing the property.
B.
Design of units. Units to be provided pursuant to the provisions
of this chapter shall be designed in a manner consistent with the
design of the market-rate units and in such a manner that there is
no difference in the physical appearance of the affordable and market-rate
units.
C.
Bedroom distribution. The following bedroom distribution shall apply
to the total number of affordable units in each inclusionary project:
D.
Affordable housing construction schedule. Newly constructed low-
and moderate-income sales and rental units shall be built in accordance
with the following schedule:
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
Percentage of Market Housing Units Completed
|
|---|---|
|
0
|
25
|
|
10
|
25 + 1 unit
|
|
50
|
50
|
|
75
|
75
|
|
100
|
90
|
|
—
|
100
|
The Township shall adopt such additional policies and procedures
as may be necessary in order to ensure the continued efficient operation
of the sales-resale and rental-rerental process. All such policies
and procedures shall be adopted in the form of rules and regulations,
by ordinance, and shall be filed in the office of the Township Clerk.
If, subsequent to the adoption of this chapter, the rules of the Council
on Affordable Housing (COAH) shall be supplemented, changed or modified,
this chapter may be modified to comply therewith.
A.
Each developer of an affordable housing development shall file a
developer's Affordable Housing Plan with the Township Planning
Board. Said plan shall be filed at the time of application for final
approval for any site plan which includes low- and moderate-income
housing units. Said plan shall be in compliance with the provisions
of this chapter and shall specify in detail the methods, procedures
and forms to be used by the developer to comply with the provisions
of this chapter. It shall contain the following information as to
the proposed development: phasing and location of the low- and moderate-income
units and the bedroom mix, proposed unit pricing, specific affirmative
marketing plans and the restrictive covenant and mortgage lien to
be used to ensure affordability.
B.
The plan shall be in such form and content in which the Affordable
Housing Board may from time to time establish and shall be approved
by the Board prior to submission to the Planning Board. The Township
Planning Board's approval of the developer's Affordable
Housing Plan will be required prior to the issuance of a building
permit or the signing of any subdivision plat by the Township. Actual
compliance with the provisions of this chapter shall be required prior
to the issuance of any certificate of occupancy.
The Wayne Township Planning Board, with the cooperation of the
developer, shall expedite to the maximum extent possible the processing
of applications for development of affordable housing.
A.
Residential development. Pursuant to the applicable rules and regulations
of COAH, residential development of eight or more lots shall be required
to build the applicable number of affordable housing units (as defined
by COAH) on site. Any residential development application in any zoning
district in the Township that involves the development of five or
more lots or units, that has not yet received preliminary major subdivision
or preliminary site plan approval, shall set aside 11.1% of said units
(rounded to the next higher number if 0.05 or greater) for affordable
housing as defined by COAH.
B.
Nonresidential development. Except as otherwise provided, any nonresidential development application that has not yet received preliminary major subdivision or preliminary site plan approval will be required to produce at least one affordable housing unit (rounded to the next number if 0.05 or greater) in accordance with the substantive rules adopted by COAH, the calculation of which shall be in accordance with Appendix E to N.J.A.C. 5:94-1 et seq., which is entitled "UCC Use Groups for Projecting and Implementing Nonresidential Components of Growth Share." This obligation may be met pursuant to the terms set forth in Subsection E.
C.
Division of low- and moderate-income affordable housing. The affordable
housing units to be produced pursuant to these regulations shall be
allocated as follows:
(1)
Where only one affordable housing unit is required, that housing
unit shall be available to a low-income individual or household;
(2)
Where more than one affordable housing unit is required, the total
number of units shall be divided equally between low- and moderate-income
individuals or households; and
(3)
Where the total number of affordable housing units is an odd number,
the last housing unit shall be available to a low-income individual
or household.
D.
Compliance with COAH rules and regulations. All affordable housing
units shall strictly comply with the policies and regulations established
by COAH, including but not limited to phasing, bedroom distribution,
controls on affordability, range of affordability, affirmative marketing
and income qualifications.
E.
Affordable housing compliance mechanism. All major subdivision or
site plan approvals involving eight or more lots or units of residential
development must provide the affordable housing units on site. For
all major subdivision, minor subdivision or site plan approvals, with
the exception of site plan applications submitted by bona fide nonprofit
agencies not engaged in commercial or residential development which
are hereby exempt from this requirement, involving seven or fewer
lots or units of residential or involving nonresidential development,
and further provided the applicant makes application to the Township
Council, the applicant may choose to satisfy its affordable housing
growth share obligation through the following mechanism permitted
by COAH regulations as follows:
(1)
On-site housing production of affordable housing;
(2)
Off-site affordable housing production within the Township;
(3)
The purchase of an existing market-rate home(s) at another location
in the Township and its conversion to an affordable price-restricted
home in accordance with COAH criteria, regulations and policies; or
(4)
Contributing a payment in lieu of providing affordable housing as
set forth below:
(a)
Payments in lieu of the construction of affordable housing shall
be negotiated with the Township Council, but shall in no case be less
than $150,000 per unit unless the cost of the Township independently
developing an affordable housing unit within the Township is less.
Negotiated payments in lieu of construction of affordable housing
may exceed $150,000 but shall not exceed the cost of the Township
independently developing an affordable housing unit within the Township.
(b)
Regardless of the mechanism by which the application has been
approved to satisfy the required number of affordable housing units
as all or a portion of the obligation, shall be required to make a
payment in lieu of construction for the fraction of the unit. The
payment shall be no greater than the fractional prorated cost of constructing
an affordable housing unit in the Township.
F.
Developers shall pay 50% of the calculated payment in-lieu-of fee
to the Township at the issuance of building permits. At the issuance
of each individual certificate of occupancy (if temporary), 25% of
the per-unit required fee shall be paid. The balance of the fees shall
be paid at issuance of the final certificate of occupancy for each
unit.
