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:
(1) 
At a minimum, 35% of all low- and moderate-income units shall be two-bedroom units.
(2) 
At a minimum, 15% of all low- and moderate-income units shall be three-bedroom units.
(3) 
No more than 20% of all low- and moderate-income units may be efficiency units.
(4) 
The developer of alternative living arrangements and restricted units need not comply with this § 213-47C.
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.
G. 
All monies collected under the provision of this section in accordance with Subsection F above shall be deposited in the Township's Affordable Housing Trust Fund.