This Article XXVIII of the Zoning and Land Development Ordinance of the Borough of Haddon Heights 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 the Borough of Haddon Heights.

Residential development. Except as exempted in § 450-175, all residential development in all zoning districts in the Borough of Haddon Heights that results in a net increase in 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 article.

Nonresidential development. Except as exempted in § 450-175, all nonresidential development in all zoning districts in the Borough of Haddon Heights that results in a net increase in gross floor area of any existing nonresidential structure or the construction of a new nonresidential structure in accordance with N.J.A.C. 5:94-1 et seq., shall be subject to the growth share provisions of this article.

All residential development which results in the construction of new market-rate dwelling units in the Borough of Haddon Heights shall provide one affordable unit for every eight market-rate units constructed.

All residential development consisting of eight or more residential units shall provide one affordable housing unit on site for every eight market-rate units.

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 on site 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 $75,000.

All residential development in the Borough of Haddon Heights 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 $75,000.

As an alternative to fulfilling the affordable housing requirements set forth in Subsections B through D above, developers of residential units in the Borough of Haddon Heights may elect to construct an affordable housing unit elsewhere in the Borough of Haddon Heights or purchase an existing residential unit elsewhere in the Borough of Haddon Heights in accordance with COAH's reconstruction (gut rehabilitation) program, buy-down program, and/or Municipally-sponsored rental program which shall comply with applicable COAH rules at N.J.A.C. 5:94-1 et seq.

As an alternative to the on-site construction of affordable housing, the Borough of Haddon Heights Planning Board may permit developers of residential housing units in Haddon Heights to make a payment in lieu of providing affordable housing units on site. If the Planning Board permits that option, the amount of said payment shall be established by dividing the number of market-rate units by eight and multiplying the resulting number by $75,000.

All nonresidential development in the Borough of Haddon Heights that results in an increase in gross floor area of any existing nonresidential building or the construction of a new nonresidential building in Borough of Haddon Heights shall provide one affordable unit for every 25 jobs that result from the application of standards adopted by COAH (presently found in Appendix E of N.J.A.C. 5:94-1 et seq.) and based on use groups, as defined by the International Building Code (IBC), which has been incorporated by reference into the Uniform Construction Code (UCC).

All nonresidential developments in the Borough of Haddon Heights shall provide one unit of affordable housing for every 25 jobs created by new or expanded development. Determinations of the number of jobs created shall be based on the new or expanded floor area in the development and the conversion factors, by use group, published by COAH as Appendix E in N.J.A.C. 5:94-1 et seq.

Except as set forth in Subsection D below, nonresidential developers in the Borough of Haddon Heights shall construct an affordable housing unit elsewhere in the Borough of Haddon Heights or purchase an existing residential unit elsewhere in the Borough of Haddon Heights in accordance with COAH'S reconstruction (gut rehabilitation) program, buy-down program, and/or municipally-sponsored rental program which shall comply with applicable COAH rules at N.J.A.C. 5:94-1 et seq.

As an alternative to fulfilling the affordable housing requirements set forth in Subsection B above, the nonresidential developer may make a payment in lieu of constructing the affordable units. The amount of said payment 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., dividing by 25 to determine the number of affordable housing units required and multiplying the resulting figure by $75,000.

For developments that result in a number of jobs not evenly divisible by 25, the developer may construct the additional affordable unit off-site in accordance with Subsection C above or, alternatively, the developer may make a payment in lieu of constructing an additional affordable unit in accordance with Subsection D above. If the developer selects the latter option, the amount of said payment shall be established by subtracting any whole multiples of 25 from the total number of jobs being created, dividing any remaining number of jobs by 25 and multiplying the resulting fraction by $75,000.

All nonresidential development in the Borough of Haddon Heights creating less than 25 jobs may provide one affordable unit off site in accordance with Subsection C above or may make a payment in lieu of constructing an affordable housing unit. If the developer selects the latter option, the amount of said payment shall be established by dividing the number of jobs by 25 and multiplying the resulting fraction by $75,000.

Affordable housing units being constructed on site or off site shall meet the requirements of the zoning district in which they are located 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.

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.

Single-family attached buildings in the form of semidetached (side-by-side) units or duplex (over and under) units 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 applicable to a single-family house in the zoning district in which it is located.