East Windsor City Zoning Code
§ 20-20.4
New Construction.
The following requirements shall apply to all new or planned developments that contain low- (including very-low income) and moderate-income housing units.
a.
Phasing. Final site plan or subdivision approval shall be contingent upon the affordable housing development meeting the following phasing schedule for low and moderate income units whether developed in a single phase development, or in a multi-phase development:
Maximum Percentage of Market-Rate Units Completed | Minimum Percentage of Low- and Moderate- Income Units Completed |
|---|---|
25 | 0 |
25+1 | 10 |
50 | 50 |
75 | 75 |
90 100 |
b.
Design, Distribution, and Locational Criteria. To the extent reasonably attainable, the very-low-, low- and moderate-income units shall not be situated in less desirable locations and should be as accessible to the common open space, public facilities or shopping facilities, if any are provided, as market rate units. In inclusionary developments, the affordable units shall be dispersed throughout the development.
c.
Payments-in-lieu and off-site construction. The standards for the collection of payments-in-lieu of constructing affordable units or standards for constructing affordable units off-site, shall be in accordance with N.J.A.C. 5:93-8.10 (c).
d.
Utilities. Affordable units shall utilize the same type of heating source as market units within the affordable development.
e.
Low/Moderate Split and Bedroom Distribution of Affordable Housing Units:
1.
The fair share obligation shall be divided equally between low- and moderate- income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low income unit.
2.
In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units.
3.
Within rental developments, of the total number of affordable rental units, at least 13% shall be affordable to very-low income households.
4.
Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:
(a)
The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;
(b)
At least 30% of all low- and moderate-income units shall be two bedroom units;
(c)
At least 20% of all low- and moderate-income units shall be three bedroom units; and
(d)
The remaining units may be allocated among two and three bedroom units at the discretion of the developer.
5.
Affordable developments that are age-restricted shall be structured such that the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the inclusionary development. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.
f.
Accessibility Requirements:
1.
The first floor of all restricted townhouse dwelling units and all restricted units in all other multistory buildings shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
2.
All restricted townhouse dwelling units and all restricted units in other multistory buildings in which a restricted dwelling unit is attached to at least one other dwelling unit shall have the following features:
(a)
An adaptable toilet and bathing facility on the first floor;
(b)
An adaptable kitchen on the first floor;
(c)
An interior accessible route of travel on the first floor;
(d)
An interior accessible route of travel shall not be required between stories within an individual unit;
(e)
An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and
(f)
An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that the Township has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:
(1)
Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.
(2)
To this end, the builder of restricted units shall deposit funds within the Township of East Windsor's affordable housing trust fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.
(3)
The funds deposited under paragraph f2(f)(2) herein, shall be used by the Township for the sole purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
(4)
The developer of the restricted units shall submit a design plan and cost estimate for the conversion from adaptable to accessible entrances to the Construction Official of the Township of East Windsor.
(5)
Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Township affordable housing trust fund in care of the municipal Chief Finance Officer who shall ensure that the funds are deposited into the affordable housing trust fund and appropriately earmarked.
(6)
Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is site impracticable to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
