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Wantage Township City Zoning Code

§ 13-5.10

Growth Share.

The growth share requirements contained in this subsection apply to construction in all zones within the township. Responsibility for constructing an affordable housing unit or making a contribution in lieu of construction shall be as provided for under this subsection. Furthermore, this subsection shall apply regardless of whether a subdivision or site plan is involved in the creation of the lot under construction or if the construction is on a pre-existing lot. The obligation for growth share construction or a contribution in lieu of construction shall apply regardless of whether or not the property owner or developer has obtained preliminary or final approval for the construction. The property owner is responsible for complying with the growth share requirements in this ordinance unless the property owner has been issued a building permit prior to August 15, 2006. For all other construction, the triggering mechanism for growth share responsibility shall be the issuance of a building permit for new construction.
a. 
Residential development.
1. 
Residential developments between one and seven units shall be required to provide a cash contribution as set in the Township's Fee Ordinance for each unit constructed.
2. 
Residential developments of eight units or more shall be required to construct one residential affordable housing unit for every eight housing units constructed.
3. 
Residential developments of nine to 15 units shall be required to comply with a,2 plus a cash contribution as set in the Township's Fee Ordinance, for each housing unit over eight and up to 15.
4. 
Residential developments of 16 units or more shall follow the pattern established in a,2 and 3 for calculation purposes.
b. 
Nonresidential development. For nonresidential developments, the following chart contains the requirements for constructing affordable housing units by developers.
Use Group
Description
Job Created per 1,000 square feet
B
Office buildings. Places where business transactions of all kinds occur. Includes banks, corporate offices, government offices, car showrooms and outpatient clinics
3
M
Mercantile uses. Buildings used to display and sell products. Includes retail stores, strip malls, shops and gas stations
1
F
Factories where people make, process, or assemble products. Includes automobile manufacturers, electric power plants, foundries, and incinerators
2
S
Storage uses. Includes warehouses, parking garages, lumberyards, and mausoleums
0.50
H
Hazardous uses.
1
A1
Movie theaters
2
A2
Casino/nightclub
3
A3
Restaurants, libraries and lecture halls
3
A4
Churches
Exclude
A5
Bleachers and stadiums
Exclude
E
Schools K-12
1
1
Institutional uses such as hospitals, nursing homes, assisted living facilities and jails
2
R1
Hotels and motels
0.80
U
Miscellaneous uses. Fences, tanks, signs, etc.
Exclude
c. 
General Provisions.
1. 
Affordable housing units to be built in accordance with this subsection, shall adhere to the following schedule:
% of Market-Rate Units Completed
Min. % of Low/Moderate Income Units Completed
25
0
25 + 1 unit
10
50
50
75
75
90
100
2. 
In the case of residential construction, the developer shall be required to specify how and where it intends to construct the unit(s) as a condition of preliminary or final approval of a site plan or subdivision. In the event that a payment in lieu of construction is to be made regardless of whether it is residential or nonresidential, the amount per unit shall be the amount in effect at the time the property owner or developer obtains the building permit. Thirty percent of the payment in lieu of construction shall be paid at the time that the building permit is issued and the balance shall be paid in full prior to the issuance of the certificate of occupancy.
3. 
At the township's discretion, alternative mechanisms permitted under COAH's regulations may be permitted in place of on-site construction of affordable units.
4. 
Full compliance with the affordable housing requirements is mandatory and non-waivable, with compliance being a continuing condition during construction.
5. 
All affordable units shall comply with all COAH requirements, including but not limited to containing a thirty-year deed restriction as required by COAH.
6. 
Affordable units: 50% of the units shall be low income and 50% moderate income as required by COAH.
7. 
Bedroom mix shall be in accordance with current COAH rules in effect at the time the building permit is issued.
8. 
The affordable housing structures shall be consistent in size and architectural features with the neighborhood or as approved by the planning and/or zoning board. Additionally, in the case of a multi-unit development the affordable units must be fully integrated with the market rate units.
9. 
At the discretion of the township committee, the developer shall satisfy the obligation generated pursuant to this subsection or tender a developer's fee in accordance with the Township Developer's Fee Ordinance, but not both.
10. 
Additions to existing residential structures and construction of non-habitable farm or commercial accessory structures shall be exempt from the provisions of this subsection.
11. 
Demolition of an existing structure such that no new certificate of occupancy is required shall be exempt from the provisions of this subsection.
d. 
The Township's Fee Ordinance is amended as follows:
1. 
Growth share contribution in lieu of construction for residential development $17,750 per market rate residential unit constructed with the exception that single lot development, meaning any lot not in common ownership with an adjoining lot, shall be $10,000.
2. 
Nonresidential development cost for construction of a COAH residential unit shall be $142,000. In the event the developer is responsible for less than one unit, the contribution in lieu of construction shall be determined as follows:
(a) 
Divide the total square footage of the nonresidential structure by 1,000.
(b) 
Multiply the number derived by paragraph (a) above by the number of jobs created per 1,000 square feet of nonresidential space for the relevant use group (refer to table within paragraph b.).
(c) 
Divide the number derived by paragraph (b) above by 25.
(d) 
Multiply the number derived by paragraph (c) above by $142,000.
Example: In lieu of construction fee for nonresidential structure of 17.760 square feet in use group B.
1.
17.760 ÷ 1,000 = 17.76
2.
17.76 x 3 (from chart in section 3A) = 53.28
3.
53.28/25 = 2.131
4.
2.131 x $142,000 = $302,602