Manalapan Township City Zoning Code
§ 95-5.7
Consent Districts.
[Amended by Ord. No. 94-23; 5-23-2001 by Ord. No. 2001-09; 12-15-2004 by Ord. No. 2004-32]
A.
The CD-KH District, the CD-FS Four Seasons Consent District and the CD-M Meadows Consent District recognize locations on or near N.J.S.H. 33 for planned residential development that have been created pursuant to the "Order for Final Judgment of Mount Laurel II Compliance and Repose" entered in the Superior Court of New Jersey. Development within these districts is permitted pursuant to the Court order and in accordance with the Manalapan Township Housing Element and Fair Share Plan granted substantive certification by the New Jersey Council on Affordable Housing, as amended. These districts provide for inclusionary housing development in fulfillment of the Township obligation to provide for its fair share of the regional need for low- and moderate-income housing. Shopping centers on a lot of no less than 25 acres are subject to all requirements of the C1 District as permitted in the CD-KH District in accordance with the Court order.
B.
The Knob Hill Consent District permits a planned residential development consisting of single-family dwellings, townhouses, multifamily dwellings, commercial land use, and common open space and recreational amenities and supporting improvements that include an eighteen-hole golf course, club house, swimming pool, and tot-lots. The layout of the development, the mix of uses and dwellings, and the extent of the permitted improvements are subject to the general development plan approved by the Township Planning Board pursuant to the "Order for Final Judgment of Mount Laurel II Compliance and Repose" and the subdivision and site plans subsequently approved by the Planning Board. Affordable housing within the district is subject to the affordable housing plan for Knob Hill approved by the Township.
C.
The area, building and yard requirements applicable to residential development in the Knob Hill Consent District are specified in the Schedule of Area, Yard and Building Requirements, Exhibit 5-1.1, Knob Hill Consent District.[1]
[1]
Editor's Note: Exhibit 5-1.1 is included at the end of this chapter.
D.
The area, building and yard requirements applicable to residential development in the Four Seasons Consent District are specified in the Schedule of Area, Yard, and Building Requirements, Exhibit 5-1.2, Four Seasons Consent District.[2] Additional requirements are set forth in § 95-5.7F, below.
[2]
Editor's Note: Exhibit 5-1.2 is included at the end of this chapter.
E.
The area, building and yard requirements applicable to residential development in the Meadows Consent District are specified in the Schedule of Area, Yard and Building Requirements, Exhibit 5-1.3, Meadows Consent District.[3] Additional requirements are set forth in § 95-5.7G below.
[3]
Editor's Note: Exhibit 5-1.3 is included at the end of this chapter.
F.
CD-FS Four Seasons Consent District. The purpose of the Four Seasons Consent District (CD-FS) is to allow an age-restricted planned residential development that will provide at least 391 credits towards the Township obligation to provide a fair share of the regional need for low- and moderate-income housing. The planned development will result in the construction of not more than 692 age-restricted single-family dwelling units and an age-restricted multifamily dwelling containing not more than 100 affordable rental dwelling units. The single-family dwelling units will be sold at market rates. In lieu of constructing additional affordable housing units onsite to provide the required credits, the developer will have the option to arrange and provide payments in lieu of construction to transfer 189 lower income dwelling units through regional contribution agreements (RCAs) to other communities; to fund an additional 30 RCAs arranged by the Township; and to fund the rehabilitation of 43 low- and moderate-income dwelling units in Manalapan Township.
(1)
Principal permitted uses. Development of the CD-FS District shall be permitted as an age-restricted planned residential development. The housing within the development shall qualify as "55 and over housing" within the meaning of the Federal Fair Housing Act. The planned residential development shall be limited to the following principal permitted uses:
(2)
Permitted accessory uses.
(a)
Recreation area(s) and recreational facilities and buildings for the common use and enjoyment of residents of the planned development such as, but not limited to, clubhouse, tennis courts, swimming pools, trails, putting green and passive open space.
(b)
Uses which are customarily incidental and accessory to the principal use.
(3)
Minimum tract area required. The minimum gross tract area required for development as a planned residential development in the CD-FS District is the area of the CD-FS District.
(4)
Maximum density. The maximum density permitted for the planned residential development based upon the gross tract area for all units is 2.10 dwelling units per acre. The planned residential development shall be designed to set aside a lot for the development of an age-restricted multifamily dwelling with affordable units. The density of the multifamily lot shall not exceed 15.10 units per acre.
(5)
Impervious tract coverage. The impervious coverage of the gross tract area of the planned residential development shall not exceed 25%.
(6)
Utilities. The planned development shall be served by public water and public sewers and shall provide for sewer and water improvements in accordance with an approved general development plan. The timing and phasing of sewer and water improvements shall be subject to the review and approval of the Planning Board. Sewer and water improvements shall be completed by the developer in accordance with a schedule approved by the Planning Board. The developer shall provide water and sewer connections at its property line with the VC Village Commercial District. The lines will be provided with sufficient capacity to serve the future commercial development of the VC Village Commercial District.
(7)
Stormwater management. The planned development shall provide for stormwater management in accordance with an approved general development plan. Stormwater management basins shall be owned and maintained by a master homeowners' association that will be established by the developer. The timing and phasing of the stormwater management improvements shall be subject to the review and approval of the Planning Board. Stormwater management improvements shall be completed in accordance with a schedule approved by the Planning Board.
(8)
Circulation. The planned development shall provide for pedestrian and vehicular circulation improvements in accordance with an approved general development plan.
(a)
The timing and phasing of the circulation improvements shall be subject to the review and approval of the Planning Board.
(b)
Circulation improvements shall be completed in accordance with a schedule approved by the Planning Board.
(c)
All roadways, parking areas and landscaped islands shall be private and maintained by a homeowners' association, except that access roads across lands dedicated to and accepted by the Township for public use may be public roads.
(d)
The streetlighting plan shall be arranged to provide that any future lighting costs incurred by the Township shall be based upon the contribution fixtures rate and that the agreement with the local utility shall be reviewed and approved by the Township Engineer and the Township Attorney as provided by § 95-9.3C4 of the Township Development Regulations.
(e)
Prior to final approval, the planned development shall provide a municipal services agreement with the Township for the contribution by the Township for maintenance, snowplowing and lighting in accordance with municipal policies in effect at that time.
(f)
Each single-family detached dwelling shall be constructed with and shall maintain a two-car garage served by a driveway with a width of at least 20 feet and a length of at least 20 feet between the face of the garage door and the right-of-way. The homeowners' association documents shall prohibit the conversion of the garage to any other use.
(g)
Within the multifamily rental dwelling section of the planned development, leases for the multifamily units shall provide that tenants shall be limited to one car.
(h)
A parking lot shall be provided for the clubhouse of the development. The clubhouse may be used for a commuter parking lot for residents of the planned development. The public offering statement for the development shall disclose to potential homeowners that the parking lot may be used for commuter parking.
(i)
The planned development shall facilitate the movement of vehicles and pedestrians by planning and providing a direct interconnection between its internal street system and the roads and parking areas of the VC Village Commercial Zone.
(9)
Common open space and recreation area requirements. The planned residential development shall provide common open space and recreation areas and improvements to meet the following minimum requirements:
(a)
The development shall maintain at least 225 acres of the CD-FS Zone as open space and recreation areas, inclusive of wetlands, wetlands transition areas, floodplains, steep slopes and lands dedicated to public use.
(b)
Recreation facilities.
[1]
The recreation facilities provided as part of the planned development shall include an active recreation area for the use and enjoyment of the residents of the planned development. At a minimum, the active recreation area shall be developed to provide the following improvements and meet the following requirements.
[a]
A clubhouse/community center building with at least 20,000 square feet of floor area, including an indoor swimming pool, multipurpose room and other indoor activity areas.
[b]
Outdoor recreation facilities, including swimming pool and tennis courts.
[c]
Walking trails.
[d]
Other appropriate active recreation facilities as approved by the Planning Board.
[2]
The recreational facilities shall be owned and maintained by a homeowners' association. All owners of single-family dwelling units within the planned development shall be members of the homeowners' association. Tenants of the multifamily dwelling shall be permitted to use the active recreation facilities as if they were members of the homeowners' association.
(c)
At least nine acres of the planned development shall be set aside and improved as an area for a clubhouse/community center building and related active outdoor recreation facilities for the benefit of the residents of the planned development. The clubhouse community center building and recreation area shall include an improved off-street parking area for a minimum of 230 cars. The clubhouse/community center building shall be set back at least 80 feet from any street. The clubhouse/community center building and parking area shall be located no closer than 100 feet to any residential lot. The perimeter of the area shall be appropriately landscaped as required by the Township Planning Board.
(d)
The clubhouse/community center building height shall not exceed two stories or 35 feet in height. The building design shall be coordinated with the design of the single-family dwellings.
(e)
The recreational improvements of the planned development shall provide for a walking trail through the CD-FS and the CD-M Zones. The trail shall be at least six feet in width running from Millhurst Road to Woodward Road and designed to align with the recreational trail leading ultimately to Monmouth Battlefield State Park. The planned development shall provide an easement for public pedestrian access and use of the trail. The oortion of the trail within the CD-FS Zone will be constructed as part of the age restricted planned development and shall be owned and maintained by the homeowners' association of the planned development unless dedicated to and accented by a public entity.
(f)
All recreational and community center buildings and facilities, including swimming pools, tennis courts, clubhouses and other such recreational, community service and cultural facilities, shall be subordinate to the residential character of the community. No advertising or commercial enterprise shall be permitted.
(g)
The clubhouse/community center building shall be constructed and completed and receive a certificate of occupancy by the issuance of the 225th building permit for the single-family dwelling units of the planned development.
(h)
All other recreational improvements, with the exception of the recreational walking trail, shall be completed before the issuance of the 325th building permit for the single-family dwelling units of the planned development.
(i)
The recreational walk trail shall be completed by the 400th building permit for the single-family dwelling units of the planned development.
(j)
Land dedicated for open spaces shall include, wherever feasible, natural features such as streams, brooks, wooded areas, steep slopes and other natural features of scenic and conservation value. The developer may be required to plant trees or make other similar landscaping improvements as may be found necessary by the Planning Board to ensure the attractiveness and suitability of the area as open space.
(l)
All wetlands areas and buffer areas shall be dedicated as conservation easements to the Township of Manalapan.
(10)
Provision of land for public use. Pursuant to the "Order for Final Judgement of Mount Laurel II Compliance and Repose," the planned developed of the consent districts is to provide areas for public and quasi-public use. In the CD-FS Zone, at least 35 acres shall be reserved for public purposes in a location approved by the Planning Board. The Township shall have the right to accept the dedication of all or any part of the reserved lands, and the developer shall dedicate such lands at the time of the first final subdivision or final site plan approval granted by the Township to the planned development.
(11)
Annual limits on certificates of occupancy. The build out of the CD-FS Zones as a planned development shall be limited to 250 certificates of occupancy per year for the first two years and 175 certificates of occupancy per year thereafter. This limitation shall not include the model homes, sales office or clubhouse. A year shall be a calendar year beginning with the calendar year in which either of the developers of the CD-M Zone or the CD-FS Zone obtains its first building permit.
(12)
Affordable housing requirements. The planned development shall provide for the production of at least 391 affordable low- and moderate-income dwelling units or credits toward the Township fair share housing obligation. In lieu of construction of 391 affordable dwelling units or credits on site, the developer will have the option of producing the affordable housing as three components as described herein. To exercise this option, the developer must commit to providing for all three components as part of its application for preliminary approval. One component will be the construction within the planned development of 100 age-restricted low- and moderate-income rental dwelling units. With 29 rental bonus credits, the age-restricted project will provide 129 credits towards the Township fair share housing obligation. The second component will be payments to the Township in lieu of constructing 189 affordable lower-income housing units on site. The payments will fund one or more regional contribution agreements (RCAs) to be arranged by the developer. The third component will be payments to the Township for 73 additional units off site. The payments for the 73 units will be used for the rehabilitation of housing within Manalapan and for RCAs arranged by the Township.
(a)
One hundred and twenty nine credits for low- and moderate-income units shall be provided by the construction on site of 100 lower-income dwelling units in a multifamily building. All dwelling units shall be age-restricted except for the building superintendent's apartment. The distribution of low- and moderate-income dwellings within the building shall be in accordance with the requirements of the Council on Affordable housing. The rents established will be maintained at a level such that no affordability assistance is required from the Township.
(b)
One hundred and eighty nine credits in lieu of construction on site of 189 affordable lower-income units will be provided by a payment to fund one or more regional contribution agreements. The developer of the planned development will be responsible for arranging for and fully funding the regional contribution agreements to complete the transfer of dwelling units, including any and all costs incurred by the Township.
(c)
Thirty credits will be provided in lieu of construction of 30 lower-income units on site by a cash contribution from the developer to the Township to fully fund 30 lower-income units through regional contribution agreements arranged by the Township, including any all costs incurred by the Township.
(d)
Forty three credits will be provided in lieu of construction of 43 lower-income units on site by a cash contribution from the developer to the Township to fully fund the rehabilitation of 43 lower-income housing units within Manalapan Township.
(e)
The developer shall indemnify and hold the Township harmless from all costs or guarantees imposed by the Council on Affordable Housing (COAH) upon the Township for the regional contribution agreements and the housing rehabilitations that the developer will fund in lieu of construction on site of lower-income units. No later than the first final site plan approval, the developer shall provide a performance guarantee in a form acceptable to the Township Attorney and in an amount to be determined by the Township for the payments in lieu of construction to be made by the developer.
(f)
A detailed affordable housing plan for the implementation of the 100 low- and moderate-income housing units to be constructed on site and the payments in lieu of construction shall be submitted with the first application for final site plan or subdivision approval. The plan shall be subject to the approval of the Township Committee. The plan shall be drawn to meet the requirements of the Township affordable housing regulations and the requirements of the New Jersey Council on Affordable Housing.
(g)
The master deed and bylaws governing the planned development shall be submitted for Township review and approval with the first application for site plan or subdivision approval. The master deed and bylaws shall provide that all tenants of the lower-income multifamily dwelling shall have use of the clubhouse/community building and the recreation facilities of the planned development without fee. The arrangement between the landlord/owner of the multifamily building and the homeowners' association to ensure access by the tenants of the multifamily dwelling to the clubhouse/community building and recreation facilities shall be subject to Township Committee review and approval. All financial arrangements for the multifamily building shall be such that no affordability assistance is required from the Township.
(h)
Phasing of the RCA/on-site construction obligation. The developer may phase the implementation of the affordable housing requirements of the CD-FS Zone. The Township of Manalapan will enter into one or more RCAs. The developer shall be solely responsible for the payment of the contribution to recipient municipality(ies) for the 189 lower-income dwelling units in whatever amount is required by COAH and agreed to by the recipient municipality. The developer shall fully fund the RCA's of the RCA/on-site construction obligation by entering into a payment and indemnification agreement ("payment agreement") with the Township of Manalapan. The developer shall fund the RCAs by making timely payments to the Township of Manalapan at least 15 days before the date the payment is due to the recipient municipality as set forth in the RCA. The on-site construction of the lower-income multifamily rental building will take place in accordance with a phasing plan as approved by the Township Planning Board.
(i)
Phasing of the RCA/rehabilitation obligation.
[1]
The developer shall make a payment in lieu of construction for 73 affordable lower-income housing units in four phases for a total payment of $1,491,100. The developer will pay $375,525 (25% of the total) within one year after the issuance of the certificate of occupancy for the number of market units indicated in the table below. These thresholds represent 20%, 40%, 60% and 75% of the total project.
CD-FS Zone Affordable Housing Component Phasing of the RCA Payments/Rehabilitation for 73 Lower-Income Dwelling Units | |||
|---|---|---|---|
Certificates of Occupancy (total homes) | Payment Per Phase | Cumulative Payment | |
160 | $372,525 | $372,525 | |
320 | $372,525 | $745,050 | |
480 | $372,525 | $1,117,575 | |
600 | $372,525 | $1,490,100 | |
[2]
The developer shall hold the Township harmless from all costs or guarantees imposed by COAH upon the Township for these RCA's and rehabilitations.
(13)
Signs. The planned residential development shall submit a comprehensive program for the location and display of the permanent entry signs and the temporary sales to be located on site. The program is subject to the review and approval of the Planning Board. The signage display shall be subject to the following limitations as to the type and size of signs permitted.
Method of Support Permitted | Sign Height | Sign Setbacks from Edge of Pavement | ||||||
|---|---|---|---|---|---|---|---|---|
Sign Type | Permitted Area (square feet) | On Ground | Pole Mount | Permitted Height (feet) | Required Clearance (feet) | Minimum Front Setback (feet) | Minimum Side Setback (feet) | Illumination |
Main entry (2 per entrance) | Up to 80 | Yes | No | Max. 14 | - | 20 | 20 | Yes-external |
Secondary entry 2 per entrance) | Up to 60 | Yes | No | Max. 8 | Min. 1-1/2 | 20 | 20 | Yes-external |
Entry structure/ gatehouse | Up to 12 | Yes | No | - | - | N/A | N/A | Yes-external |
Medallions | Up to 4 | Yes(1) | No | - | - | N/A | N/A | No(2) |
Banners | Up to 10 | No | Yes | Max. 14 | Min. 8 | 5 | 5 | No |
Sales office identification | Up to 32 | Yes | No | Max 7 | - | N/A | N/A | Yes-external |
Site identification | Up to 32 | Yes | No | Max 7 | - | N/A | N/A | No |
Directional/ Model home/parking | Up to 10 | Yes | No | Max 4 | - | N/A | N/A | Yes-external |
(1) | Medallions must be mounted on a wall or pier. |
(2) | May be illuminated as part of an entry wall or pier structure. |
(3) | Temporary signs shall be removed upon closure of sales center/model area. |
(14)
Findings for planned development of the CD-FS Zone. Prior to the approval of the planned residential development of the CD-FS Zone, the Planning Board shall make the findings of fact and reach the conclusions required for planned development pursuant to N.J.S.A. 40:55D-45.
G.
CD-M Meadows Consent District. The purpose of the Meadows Consent District (CD-M) is to allow a planned residential development that will provide at least 145 credits towards the Township obligation to provide a fair share of the regional need for low- and moderate-income housing. The planned development will result in the construction of not more than 520 market rate dwelling units within the CD-M District. The development will consist of single-family detached dwelling units and townhouse dwelling units sold at market rates and at least 26 dwelling units affordable to low- and moderate-income households. In lieu of constructing additional affordable housing units on site to provide the required credits, the developer will have the option of arranging and providing payments in lieu of construction to transfer 92 lower-income dwelling units through regional contribution agreements (RCA's) to other communities; to fund an additional 11 RCA's arranged by the Township; and to fund the rehabilitation of 16 low- and moderate-income dwelling units in Manalapan Township.
(1)
Principal permitted uses. Development of the CD-M District shall be permitted as a planned residential development limited to the following principal uses developed in accordance with a general development plan (GDP) approved by the Manalapan Township Planning Board:
(2)
Permitted accessory uses. The following accessory uses are permitted.
(a)
Recreation area(s) and recreational facilities and buildings for the common use and enjoyment of the residents of the planned development such as, but not limited to, clubhouse building, tennis courts, tot lots, trails, swimming pools, and passive and active open space.
(b)
Uses which are customarily incidental and accessory to a permitted principal use.
(3)
Minimum tract area required. The minimum gross tract area required for development as a planned residential development in the CD-M District is the area of the CD-M District.
(4)
Maximum density. The maximum density permitted for the planned residential development based upon the gross tract area is 3.8 dwelling units per acre. The planned residential development shall be designed with a low-density area and a medium-density area. The net density within each area shall not exceed the maximum net density set forth by the Schedule of Area, Yard, and Building Requirements, Exhibit 5-1.3, Meadows Consent District.[4]
[4]
Editor's Note: Exhibit 5-1.3 is included at the end of this chapter.
(5)
Utilities. The planned development shall be served by public water and public sewers and shall provide for sewer and water improvements in accordance with an approved general development plan. The timing and phasing of sewer and water improvements shall be subject to the review and approval of the Planning Board. Sewer and water improvements shall be completed by the developer in accordance with a schedule approved by the Planning Board.
(6)
Stormwater management. The planned development shall provide for stormwater management in accordance with an approved general development plan. Stormwater management basins shall be owned and maintained by a master homeowners' association that will be established by the developer. The timing and phasing of the stormwater management improvements shall be subject to the review and approval of the Planning Board. Stormwater management improvements shall be completed in accordance with a schedule approved by the Planning Board.
(7)
Circulation. The planned development shall provide for pedestrian and vehicular circulation improvements in accordance with an approved general development plan.
(a)
The timing and phasing of the circulation improvements shall be subject to the review and approval of the Planning Board.
(b)
Circulation improvements shall be completed in accordance with a schedule approved by the Planning Board.
(c)
Roadways within the portion of the planned development developed for single-family detached dwellings shall be public roads and dedicated to the Township.
(d)
Each single-family detached dwelling shall be constructed with and shall maintain a two-car garage served by a driveway with a width of at least 20 feet and a length of at least 20 feet between the face of the garage door and the right-of-way.
(e)
Within the townhouse section of the planned development, roads and parking areas shall be private and maintained by a private association to be established by the developer. The Township shall have no responsibility to maintain or contribute to the maintenance of parking areas or landscaped islands.
(f)
Each market rate townhouse unit shall be constructed with and shall maintain an attached garage served by a driveway with a length of at least 18 feet between the face of the garage door and the right-of-way.
(g)
The streetlighting plan shall be arranged to provide that any future lighting costs incurred by the Township shall be based upon the contribution fixtures rate and that the agreement with the local utility shall be reviewed and approved by the Township Engineer and the Township Attorney as provided by § 95-9.3C4 of the Township Development Regulations.
(8)
Common open space and recreation area requirements. The planned residential development shall provide common open space and recreation areas and improvements to meet the following minimum requirements:
(a)
The development shall provide at least 32 acres of common open space and recreation areas, exclusive of detention basins.
(b)
Recreational facilities.
[1]
The common open space and recreation area shall include an active recreation area of at least six acres. At a minimum, the active recreation area shall be developed to provide the following improvements and meet the following requirements:
[2]
The recreational facilities shall be owned and maintained by a master homeowners' association. All residential units within the planned development shall be members of the homeowners' association.
(c)
The recreational improvements of the planned development shall include a walking trail through the development. The trail shall be at least six feet in width running from Woodward Road and designed to align with the recreational trail leading ultimately to Monmouth Battlefield State Park. The development will be responsible for the design, permits and construction of the trail crossing of Manalapan Brook Tributary "A", if permitted by New Jersey DEP, in order to connect to other trail segments. The trail shall be owned and maintained by the master homeowners' association of the planned development unless dedicated to and accepted by a public entity.
(d)
All recreational and community center buildings and facilities, including swimming pools, tennis courts, shuffleboard courts, picnic grounds, clubhouses and other such recreational, community service and cultural facilities, shall be subordinate to the residential character of the community. No advertising or commercial enterprise shall be permitted.
(e)
The clubhouse building shall be constructed and completed and receive a certificate of occupancy by the issuance of the 135th residential building permit.
(f)
All other recreational improvements, including the recreational walking trail, shall be completed before the issuance of the 200th residential building permit.
(g)
Land dedicated for open spaces shall include, wherever feasible, natural features such as streams, brooks, wooded areas, steep slopes and other natural features of scenic and conservation value.
(h)
The developer may be required to plant trees or make other similar landscaping improvements to the open space as may be found necessary by the Planning Board to ensure the attractiveness and suitability of the area as open space.
(j)
All wetlands areas and buffer areas shall be dedicated as conservation easements to the Township of Manalapan at the time of final approval.
(9)
Provision of land for public use. Pursuant to the "Order for Final Judgement of Mount Laurel II Compliance and Repose," the planned development of the consent districts is to include areas for public and quasi-public use. In lieu of the dedication of land on site for public use, the developer of the planned development of the CD-M Zone shall provide an irrevocable letter of credit to the Township Committee for the acquisition of off-site areas for public use. The letter of credit shall be provided at the time of the first final approval of any development in the CD-M Zone. The letter of credit shall be in a form acceptable to the Township Attorney and be for a period of two years from the date of the first resolution granting final approval in an amount equal to the costs as estimated by the Township Committee necessary to acquire 10 acres of land for public purposes or other lands through condemnation, if necessary. If, however, land is dedicated to the Township in the CD-FS Zone District in accordance with an approved general development plan for the CD-FS Zone District, then this provision shall not apply.
(10)
Annual limits on certificates of occupancy. The build out of the CD-M Zone as a planned development shall be limited to 250 certificates of occupancy per year for the first two years and 175 certificates of occupancy per year thereafter. This limitation shall not include the model homes, sales office or clubhouse. A year shall be a calendar year beginning with the calendar year in which either of the developers of the CD-M Zone or the CD-FS Zone obtains its first building permit.
(11)
Affordable housing requirements. The planned development shall provide for the production of at least 145 affordable low- and moderate-income dwelling units or credits toward the Township fair share housing obligation. In lieu of construction of 145 affordable dwelling units or credits on site, the developer will have the option of producing the affordable housing as three components as described herein. To exercise this option, the developer must commit to providing for all three components as part of its application for preliminary approval. One component will provide credit through the on-site construction of 26 lower-income affordable housing. A second component will be payments in lieu of construction for 92 affordable lower-income housing units. The payments will fund one or more regional contribution agreements (RCAs) to be arranged by the developer. A third component will be payments in lieu of construction of 27 affordable lower-income housing units. The payments for the 27 units will fund the off-site rehabilitation of housing and one or more RCAs that will be arranged by the Township.
(a)
Twenty-six credits for low- and moderate-income units shall be provided by the construction on site of six low-income dwelling units and 20 moderate-income dwelling units. The low- and moderate-income dwellings shall be distributed throughout the townhouse section of the planned development and integrated into buildings containing the market rate townhouse units.
(b)
Ninety-two credits will be provided in lieu of construction of 92 affordable lower-income units on site by payments to fund a regional contribution agreement. The developer of the planned development will be responsible for arranging for and fully funding the regional contribution agreement to complete the transfer of 92 dwelling units, including any and all costs incurred by the Township.
(c)
Eleven credits will be provided in lieu of construction of 11 lower-income units on site by a cash contribution from the developer to the Township to fully fund 11 lower-income units through a regional contribution agreement arranged by the Township, including any all costs incurred by the Township.
(d)
Sixteen credits will be provided in lieu of construction of 16 lower-income units on site by a cash contribution from the developer to the Township to fully fund the rehabilitation of 16 lower-income housing units within Manalapan Township.
(e)
The developer shall indemnify and hold the Township harmless from all costs or guarantees imposed by the Council on Affordable Housing (COAH) upon the Township for the regional contribution agreements and housing rehabilitation that the developer will fund in lieu of construction on site of lower-income units. No later than the first final site plan approval, the developer shall provide a performance guarantee in a form acceptable to the Township Attorney and in an amount to be determined by the Township for the payments in lieu of construction to be made by the developer.
(f)
A detailed affordable housing plan for the implementation of the 26 low- and moderate-income housing units to be constructed on site and the 92 RCA's shall be submitted with the first application for final site plan or subdivision approval. The plan shall be subject to the approval of the Township Committee. The plan shall be drawn to meet the requirements of the Township affordable housing regulations and the requirements of the New Jersey Council on Affordable Housing.
(g)
The master deed and bylaws and covenants and deed restrictions proposed for governing the planned development shall be submitted for Township review and approval with the first application for final site plan or subdivision approval. The documents shall provide that the fees assessed against the low- and moderate-income housing units shall be maintained at a level such that no affordability assistance is required from the Township and that the units shall remain as affordable units for a period of at least 30 years.
(h)
Phasing of the RCA/on-site construction obligation. The developer may phase the on-site construction of the required 26 low- and moderate-income dwelling units and the RCA(s) to be provided in lieu of construction of 92 lower-income dwelling units. The Township of Manalapan will enter into one or more RCAs. The developer shall be solely responsible for the payment of the contribution to recipient municipality(ies) for the 92 lower-income dwelling units in whatever amount is required by COAH and agreed to by the recipient municipality. The developer shall fully fund the RCA's of the RCA/on-site construction obligation by entering into a payment and indemnification agreement ("payment agreement") with the Township of Manalapan. The developer shall fund the RCAs by making timely payments to the Township of Manalapan at least 15 days before the date the payment is due to the recipient municipality as set forth in the RCA. The on-site construction of the required 26 lower-income dwelling units will take place in accordance with a phasing plan as approved by the Township Planning Board.
(i)
Phasing of the RCA/rehabilitation obligation.
[1]
The developer shall make a payment in lieu of construction for 27 affordable lower-income housing units in four phases for a total payment of $551,000. The developer will pay $137,800 (25% of the total) within one year after the issuance of the certificate of occupancy for the number of market units indicated in the table below. These thresholds represent 20%, 40%, 60% and 75% of the total project.
CD-M Zone Affordable Housing Component Phasing of the RCA Payments/Rehabilitation for 27 CD-M Zone Affordable Housing | |||
|---|---|---|---|
Certificates of Occupancy (total homes) | Payment Per Phase | Cumulative Payment | |
104 | $137,800 | $137,800 | |
208 | $137,800 | $275,600 | |
312 | $137,800 | $413,400 | |
390 | $137,800 | $551,200 | |
[2]
The developer shall hold the Township harmless from all costs or guarantees imposed by COAH upon the Township for these RCA's and rehabilitations.
(12)
Findings for planned development of the CD-M Zone. Prior to the approval of the planned residential development of the CD-M Zone, the Planning Board shall make the findings of fact and reach the conclusions required for planned development pursuant to N.J.S.A. 40:55D-45.