Brick Township City Zoning Code
ARTICLE VII
Affordable Housing Based on Growth Share
§ 245-75 Legislative intent.
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."
§ 245-76 Uniform affordable housing productions based upon "growth share."
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.
§ 245-77 Low- and moderate-income split and compliance with COAH's rules.
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.
§ 245-78 Exemption.
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]