Laurel Springs City Zoning Code
ARTICLE VII
Age-Restricted Housing Overlay
§ 270-38 Purpose; permitted zones.
A.
Purpose. In recognition of the need for affordable housing for seniors and the character of the Borough, the purpose of this article is to provide for commercial, subsidized, and affordable senior citizen housing in townhouse and multifamily dwellings pursuant to the provisions of the Fair Housing Act of 1968, as amended, the regulations of the US Department of Housing and Urban Development, and the regulations of the New Jersey Council on Affordable Housing, as they may be modified or superseded.
B.
Permitted zones. Senior citizen multifamily affordable housing shall be permitted in the Business Commercial Zone identified in § 270-29; in the lots identified in the Downtown Business District Redevelopment Plan, as amended; the White Horse Pike Corridor Redevelopment Plan; the Stone Road Rehabilitation Zone; the 135 Broadway Redevelopment Plan; and the Laurel Road Overlay District.
§ 270-39 Definition; permitted use.
A.
Definition. Senior citizen housing: Housing within which residency shall be restricted to permanent residents of the age of 62 years or over, except for the spouse of a qualifying resident.
B.
Permitted use: Senior citizen multifamily affordable housing.
§ 270-40 Accessory uses.
Any of the following accessory uses may be permitted in conjunction with a permitted principal use as senior citizen multifamily affordable housing:
A.
Community room for the primary use of the residents.
B.
Office for manager of the building.
C.
Apartment for the manager or superintendent if a resident on-site.
D.
Maintenance building.
E.
Ancillary rooms within the principal building for the provision of social and medical services to residents of the building
F.
Ancillary uses on the same lot and customarily incidental to the permitted principal use.
§ 270-41 Affordable housing requirements.
A.
Senior citizen multifamily development shall be required to include in its development plan a fair share of affordable housing based on the growth associated with development taking place in the Borough, consistent with the provisions of N.J.A.C. 5:93-1[1] et seq. These rules are pursuant to the Fair Housing Act of 1985 and the Borough's obligation to provide for its share of low- and moderate-income housing and shall be applicable to rental and for-sale units. Pursuant to N.J.S.A. 40A:12A-4.1, the inclusion of an affordable housing element pursuant to the Fair Housing Act shall be a condition to the granting of a tax abatement to the developer.
[1]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.
B.
Affordable housing development requirements shall include the following:
(1)
All residential senior citizen development shall provide one affordable low-income unit for every six market rate units constructed, and a moderate-income unit for every eight market rate units.
(2)
Affordable housing units being constructed shall meet the requirements of the zoning district and/or redevelopment plan in which they are located and shall be in conformance with COAH rules and the Uniform 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- and moderate-income split, heating source, maximum rent and/or sales price, affordability average, and affirmative marketing.
(3)
To the greatest extent possible, affordable housing units being provided in the development shall be disbursed throughout the development and shall be located within buildings designed to be architecturally indistinguishable from the market-rate units otherwise being constructed.
(4)
Single-family attached buildings in the form of semi-detached (side by side) units or duplex (over and under) units shall be deemed to be permitted uses and shall be required to comply with the affordable housing obligations provided herein.
(5)
Low-income units will be reserved for households with a gross household income less than 50% of the median income approved by COAH; moderate-income units will be reserved for households with a gross household income less than 80% of the median income approved by COAH as per N.J.A.C. 5:93-9.15 and 9.16, as same may be subsequently amended. These regulations will be applicable to for-sale and rental units, condominium, and cooperative housing.
(6)
Newly constructed low- and moderate-income rental units will remain affordable to low- and moderate-income households for at least 30 years. Newly constructed low- and moderate-income units for sale shall be subject to the requirements, limits and duration specified in COAH regulations, including deed restrictions.
(7)
All senior citizen multifamily development shall be subject to and consistent with the standards, requirements and specifications of the Zoning Code of the Borough of Laurel Springs and the specified redevelopment plans, rehabilitation plan and overlay district.
