Applicable zoning districts. All development located within the following zoning districts of the Town of West New York shall be governed by the ratio requirements set forth herein for the provision of affordable housing:

Eligible development activity. This article shall apply regardless of whether a minor subdivision, major subdivision or site plan is involved in the creation of the lot under construction or if the construction is on a preexisting lot.

Residential development requirements. All new residential development of 10 dwelling units or more in any applicable zoning district shall be required to provide affordable housing at the ratio of at least one affordable unit for every eight new market-rate residential units proposed. The affordable housing requirement shall be rounded to the hundredth decimal place.

Nonresidential development requirements. All new nonresidential development in any applicable zoning district shall be required to provide affordable housing constructed at the ratio of at least one affordable unit for every 25 new jobs created as a result of the proposed nonresidential development project. The calculation of the number of jobs created shall be in accordance with COAH's Substantive Rules found at N.J.A.C. 5:94-1 et seq., as amended. The affordable housing requirement shall be rounded to the hundredth decimal place.

Mixed-use (residential and nonresidential) development requirements. All new mixed-use development in any applicable zoning district shall be required to provide affordable housing constructed at the sum of the calculation of applying the separate ratios for the residential and nonresidential components of the development.

The provision of the required number of affordable units shall be met and required first through on-site construction, and on-site constriction shall be treated as the highest and best preference for provision of affordable units.

If on-site construction cannot be accomplished, then the obligation shall be met through the creation of affordable units elsewhere within the Town of West New York in accordance with one of the following options and in accordance with COAH's rules:

Affordable age-restricted housing will not be permitted to satisfy the affordable housing requirements of this article unless the developer can demonstrate that such housing will not cause the Town of West New York wide number of affordable age-restricted units to be more than 50% of the Town's growth share obligation.

A payment in lieu of construction to the Town of West New York.

The design of the building or buildings for affordable housing units shall resemble as nearly as possible the design for the market units within the development.

All required setbacks, building height and coverage limits for theunderlying zone shall be applicable on residential lots containing affordable housing units, except that, for the purposes of accommodating walkways and parking for the affordable units, the maximum impervious lot coverage on any lot containing affordable units may be increased by up to 15% more than the coverage limit otherwise allowed on the lot.

Mandatory on-site construction of affordable housing units shall not increase the residential density permitted in the underlying zoning district.

All affordable units shall comply with COAH's rules pertaining to the phasing of construction, integration, split between low- and moderate-income units, controls on affordability, bedroom distribution, affirmative marketing, heating source, and administration of the affordable units, as set forth in N.J.A.C. 5:94 et seq., as amended, and elsewhere in the COAH rules.

Affordable housing units may be constructed within or converted from space above the first floor level in nonresidential mixed-use buildings or may be constructed as new space above the first floor level on the same site as a permitted nonresidential use or development, subject to site plan review by the board having jurisdiction.

All required setbacks, building height and coverage limits for the underlying zone shall be applicable on nonresidential/mixed-use lots containing affordable housing units, except that, for the purposes of accommodating walkways and parking for the affordable units, the maximum impervious lot coverage on any lot containing affordable units may be increased by up to 15% more than the coverage limit otherwise allowed on the lot.

Mandatory on-site construction of affordable housing units shall not increase the residential density permitted in the underlying zoning district.

In computing the required parking for any mixed-use development containing affordable housing units, consideration shall be given to shared parking opportunities.

All affordable units shall comply with COAH's rules pertaining to the phasing of construction, integration, split between low- and moderate-income units, controls on affordability, bedroom distribution, affirmative marketing, heating source, and administration of the affordable units, as set forth in N.J.A.C. 5:94 et seq., as amended, and elsewhere in the rules.

A nonresidential developer required to contribute to the Housing Trust Fund shall make a contribution to such fund in the amount of 1% of the equalized assessed value of the residential development.

A residential developer electing to contribute to the Housing Trust Fund shall, in lieu of building low- or moderate-income housing, shall make a contribution of $27,500 in lieu of constructing each required low-income unit and $12,500 in lieu of constructing each required moderate-income unit.

Collection of fees.

Growth Share Housing Trust Fund.

Use of growth share funds. Money deposited in a growth share housing trust fund may be used for any activity approved by COAH for addressing the Town of West New York low- and moderate-income housing obligation. Such activities may include, but are not necessarily limited to, housing rehabilitation, new construction, the purchase of land for low- and moderate-income housing sites, assistance designed to render units more affordable to low- and moderate-income households and administrative costs necessary to implement the Town of West New York housing element. The expenditure of all money shall conform to a spending plan approved by COAH.

Substantial charges.

When a prior approval exists, this article shall be applicable as a condition of approval under the following additional circumstances:

This article shall not change any approved developer's agreement between a developer and the Town of West New York so long as the agreement contains a negotiated and approved requirement for meeting COAH obligations generated by the development.

Every development applicant shall be required to submit a proposed affordable housing production plan (AHPP) at the time the application is made. The AHPP shall be a condition of the "completeness" determination. Each AHPP shall be the subject of review for consistency with COAH's Rules, the Fair Housing Act, this article, and the Town of West New York Housing Element and Fair Share Plan as proposed and/or approved by COAH, and such other rules and regulations as may be applicable. This review shall be conducted by the Town of West New York Planner or by such other person or entity as shall be designated to administer the Town of West New York's COAH matters.

The AHPP shall be approved by the board hearing the development application, or the Construction Official in the case of a building permit application. The board shall consider the Town of West New York wide impacts of providing affordable housing, as well as the impact upon the Town of West New York's Housing Element and Fair Share Plan as proposed and/or approved by COAH.

Compliance with COAH's Rules and with the approved AHPP shall be a condition of the board's resolution of approval and may be covered by appropriate performance and maintenance guarantees as with any other required improvement. In the case of a building permit application, compliance with the AHPP shall be a condition of the issuance of a certificate of occupancy.

The board hearing a development application shall ensure that this article is applied to every development within the Town of West New York. The board shall require that the applicant or successor-in-interest shall comply with the terms of this article. The manner and method of compliance with this article shall be set forth in the board's resolution of approval or shall be set forth in a written developer's agreement between the applicant and the Town of West New York, which developer's agreement must be approved and executed before any building permit is issued.

It shall be the developer's responsibility, at its sole cost and expense, to contract with a COAH-approved and Town-designated experienced entity for the initial and ongoing administration of the controls on affordability so as to ensure full COAH compliance. The designated administrative entity shall, by February 1 of each year and as needed throughout the year, file with the Town Clerk of the Town of West New York such certifications, reports and/or monitoring forms as may be required by COAH to verify the continuing compliance of each affordable unit with COAH's Rules.

Developments covered by this article shall be exempt from the payment of development fees pursuant to any development fee ordinance adopted by the Town of West New York.

All ordinances or parts of ordinances inconsistent with this article are hereby repealed to the extent of such inconsistency only.

If a court of competent jurisdiction shall declare any section, paragraph, subsection, clause, or provision of this article to be invalid, then such decision shall not affect the validity of this article as a whole or any part thereof.