Toms River City Zoning Code
§ 348-11.10
Uniform affordable housing production.
A.
Residential development. Pursuant to the applicable rules and regulations of COAH and NJDCA, residential developments of five or more lots or units, other than single-family family detached, that provides for densities at or above six units per acre, are required to include an affordable housing set-aside of 20% and shall be required to build the applicable number of affordable units (as defined by COAH) on site. Any residential application in any zoning district in the Township that involves the development of five or more lots or units, that has not yet received preliminary major subdivision or preliminary site plan approval, shall set aside 20% of for-sale units or for-rental units (rounded to the next higher whole number) for affordable housing as defined by the applicable standards at N.J.A.C. 5:80-26.1, et seq.. For those residential developments that were approved subsequent to the passage of the Townships Mandatory Development Fee Ordinance, No. 3933-05, but prior to the passage of the instant ordinance, those developments will remain subject to the Mandatory Development Fee Ordinance.
(1)
A development, other than single-family family detached, providing a minimum of five new housing units created through any municipal rezoning or Zoning Board action, use or density variance, redevelopment plan, or rehabilitation plan that provides for densities at or above six units per acre, is required to include an affordable housing set-aside of 20%.
(2)
No subdivision shall be permitted or approved for the purpose of avoiding compliance with this requirement. Developers cannot, for example, subdivide a project into two lots and then make each of them a number of units just below the threshold.
(3)
The mandatory set-aside requirements of this section do not give any developer the right to any rezoning, variance, or other relief, or establish any obligation on the part of the municipality or the Township to grant such rezoning, variance, or other relief.
B.
Nonresidential development. Any nonresidential development application that has not yet received preliminary major subdivision or preliminary site plan approval will be required to make a contribution in accordance with the Mandatory Development Fee Ordinance, No. 3933-05, at the rate as set forth therein.
C.
Division for low- and moderate-affordable housing. The affordable housing units to be produced pursuant to these regulations shall be allocated as follows: Where only one affordable housing unit is required, that housing unit shall be available to a low-income individual or household; where more than one affordable housing unit is required, the total number of units shall be divided equally between low- and moderate-income individuals or households; and where the total number of affordable housing units required is an odd number, the last housing unit shall be available to a low-income individual or household.
D.
Compliance with UHAC at N.J.A.C. 5:80-26.1 et seq., any successor regulation, and all other applicable laws. All affordable housing units shall strictly comply with the policies and regulations established by UHAC at N.J.A.C. 5:80-26.1 et seq., any successor regulation, including but not limited to phasing, bedroom distribution, controls on affordability, range of affordability, affirmative marketing and income qualifications.
E.
Affordable housing compliance mechanisms.
(1)
All major subdivisions or site plan approvals involving five or more lots or units of residential development, other than single-family detached, must provide the affordable housing units on site.
(2)
For major subdivision or site plan approvals involving four or fewer lots or units of residential or involving nonresidential development and further provided the applicant obtains advanced written permission from the Toms River Township Council, the applicant may choose to satisfy its affordable housing obligation through the following mechanisms permitted at UHAC at N.J.A.C. 5:80-26.1, et seq.:
(a)
On-site housing production of affordable housing;
(b)
Off-site affordable housing production within the Township; or
(c)
The purchase of an existing market rate home at another location in the Township and its conversion to an affordable price-restricted home in accordance with COAH criteria, regulations and policies.
