For residential development which proposes less than four residential units the developer shall be required to provide a cash contribution for each new housing unit, but in no event would a cash contribution for residential construction be less than $45,067 which for the purposes of this section is determined to be one-fourth of the cost of constructing an affordable housing unit, pursuant to N.J.A.C. § 97-6.4.

When, pursuant to subsection 21-20.3 above, the Planning Board of the Township of Lyndhurst has determined, due to site conditions or other factors which the planning board finds compelling, that the affordable housing obligation of a proposed development is incapable of being rounded to the next highest whole number, the developer shall be required to provide a cash contribution for each new housing unit, but in no event would a cash contribution for residential construction be less than $45,067, which for the purposes of this section is determined to be one-fourth of the cost of constructing an affordable housing unit, pursuant to N.J.A.C. § 97-6.4.

For those developments proposing more than four residential units, the developer shall be required to provide on-site production of affordable housing and shall pay the pro rata contribution as stated above for any fractional obligation remaining after the production of the mandated affordable housing units.

For purposes of this section, the cash contribution shall be $180,267 for one affordable unit, in accordance with N.J.A.C. § 97-6.4. The cash contribution for residential development is presumptively the cost of an affordable unit either in a single-family subdivision setting including land, or one unit in a multi-family setting including land. The planning board may adjust from time to time the presumptive amount based upon modifications by COAH to the presumptive subsidy required for the creation of one affordable housing unit in COAH Region 1.

When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers may be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.

Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1 1/2% of the equalized assessed value on the first two units; and the specified higher percentage up to 6% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.