Harrison Township City Zoning Code

This article of the Land Use Regulations of Harrison Township 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 Harrison Township.

Residential development. Except as exempted in § 225-111, all residential development in the RR, R-1 and R-2 Zoning District that results in the construction of new 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 chapter.

Nonresidential development. All nonresidential development that results in an increase in gross floor area of any existing nonresidential building or the construction of a new nonresidential building in Harrison Township or the creation of additional jobs shall be subject to the provisions for payment of development fees pursuant to § 110-9 of the Township Code, Nonresidential development fee.

All residential development which results in the construction of new market-rate dwelling units in Harrison Township in RR, R-1 and R-2 Zoning Districts shall provide one affordable unit for every eight market rate units constructed.

All residential development in the RR, R-1 and R-2 Zoning Districts consisting of eight or more residential units shall satisfy the above requirement by constructing said units either on site or off site, or in the alternative, by a payment in lieu of constructing the affordable 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 onsite 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 the subsidy required to create an affordable housing unit in Harrison Township.

All residential development in the RR, R-1 and R-2 Zoning Districts 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 the subsidy required to create an affordable housing unit in Harrison Township.

As an alternative to fulfilling the affordable housing requirements set forth in Subsections B through D above, with the approval of the Planning Board, developers of residential units in the RR, R-1 and R-2 Zoning Districts may elect to construct an affordable housing unit elsewhere in Harrison Township or purchase an existing residential unit elsewhere in Harrison Township in accordance with Harrison Township's buy-down program or municipally sponsored rental program, which shall comply with applicable COAH rules at N.J.A.C. 5:94-1 et seq.

All residential development not subject to the provisions of Subsections A through E above shall be subject to the provisions of development fees as set forth in § 110-8 of the Township Code.

In a mixed use district, residential development shall provide one affordable housing unit for every eight market-rate units. These units may be constructed either on site, off site or, in the alternative, the developer may provide a payment in lieu of constructing the affordable units.

Nonresidential development. All nonresidential development in a mixed-use district shall be subject to the provisions for the payment of development fees as set forth in § 110-9 of the Township Code.

For developments in the mixed use district that result in a fractional affordable housing obligation, 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 only. The amount of said payment for nonresidential development 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., subtracting any whole multiples of 25 from the total number of jobs being created, dividing any remaining number of units by 25 and multiplying the resulting fraction by the subsidy required to create an affordable housing unit in Harrison Township. The amount of said payment for residential development shall be determined 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 the subsidy required to create an affordable housing unit in Harrison Township.

Affordable housing units being constructed on site or off site shall meet the requirements of the Harrison Township's Affordable Housing Ordinance,[1] 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, triplex and quadplex buildings 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 set forth in R-4, Special Residential District.

Any payment-in-lieu amount shall be derived from the analysis of the subsidy required to create an affordable housing unit in Harrison Township, which analysis shall be on file in the office of the Planning Board.

All payments in lieu of constructing affordable housing shall be deposited by Harrison Township into an affordable housing trust fund to be established by Harrison Township in conformance with regulations established by COAH and shall at all times be identifiable from development fees. These funds shall be used by Harrison Township in accordance with regulations established by COAH to create new affordable housing opportunities within the physical boundaries of Harrison Township.

Any payments in lieu of obligation to construct affordable housing units may be paid in two installments. If an installment payment is chosen, 50% of the payment shall be paid prior to the issuance of any construction permit for the project and the balance of the payment shall be paid prior to the issuance of the first certificate of occupancy.

Nothing herein shall affect the Township’s ability to generate more affordable housing than one affordable unit for every eight market units constructed in the event: a) that a residential developer secures a density bonus or other compensatory benefit through zoning or a use variance; or b) that a residential developer has secured a density bonus or other compensatory benefit through zoning or a use variance and has agreed to provide the necessary affordable housing resulting from the adoption of a zoning amendment or grant of a use variance. In either event, the developer shall have an obligation to maintain a set-aside of 20% on site.

Alternatively, in the event of the circumstances set forth in § 225-117A, the Township shall have the right to conduct a study and demonstrate that the site can be developed with a set-aside of higher than 20%, based upon a showing that the benefits conferred by the enhancement equal or exceed the burdens created by the higher set-aside.