(1) Residential development requirements.
All new residential development in any zoning district shall be required to provide affordable housing at the ratio of one affordable unit for every eight (8) new market-rate residential units proposed except for those created by minor subdivisions which will be required to pay an Affordable Housing Development Fee pursuant to the Township's Development Fee Ordinance. The provision of the affordable unit(s) required shall be through on-site construction, through the creation of affordable units off-site or through a payment in lieu of construction.
(2) Non-residential development requirements.
All new nonresidential development in any zoning district shall be required to provide affordable housing constructed at the ratio of one affordable unit for every twenty-five (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 Appendix E of N.J.A.C. 5:94-1, et seq. entitled "UCC Use Groups for Projecting and Implementing Nonresidential Components of growth share". The provision of the affordable unit(s) required shall be through on-site construction, through the creation of affordable units off-site or through a payment in lieu of construction. The exception shall be non-residential development within OR; OR-A; OR-B; Office Research Zones, Light Industrial Zones and Open Land Zones, which shall be subject to the Township's Development Fee Ordinance.
(3) Payments in lieu of construction.
(a) Payments in lieu of the construction of affordable housing shall be based upon a proportionate share of the total project cost embodied in one or more forms for the construction of an affordable housing development elsewhere within Berkeley Heights Township, which form(s) shall be on file in the office of the Township Clerk. The actual payment in lieu of construction made by the developer may be negotiated with the Township considering the actual land cost of the site(s) identified for affordable housing construction elsewhere within Berkeley Heights Township or the substitution of land, site preparation and/or construction services for all or a portion of the monetary payment otherwise required.
(b) Regardless of the mechanism selected by the developer for satisfying the required number of affordable housing units, any development or portion thereof that generates a fraction of an affordable housing unit as all or a portion of the obligation shall under any circumstances be required to make a payment in lieu of construction for that fraction of a unit based on the pro-rated cost of constructing an affordable housing unit in Berkeley Heights Township. Payment will be calculated using the fraction of the unit multiplied by the minimum square footage of a three bedroom affordable unit. That product is then multiplied by a dollar value per square foot of residential real estate to be set by the governing body by annual resolution.
(4) Construction of affordable housing on site.
(a) As to affordable housing units constructed on site within a residential development:
[1] The affordable housing units may be provided within duplex buildings, triplex buildings or quadriplex buildings designed to resemble as nearly as possible the single-family homes otherwise being constructed within the development to accommodate the market units within all residential zones, with the exception of the R-10, R-15, R-15A, R-20, OR, OR-A, OR-B, and OL zones. Such buildings shall be deemed to be permitted uses in the underlying zone when created for the purpose of meeting the growth share obligation.
[2] No density bonus shall be granted for the construction of the affordable housing units on-site, but the affordable housing units themselves shall not be included in the calculation of density for the purposes of this Section.
[3] The lots within the development may be reduced in area and width to 80 percent of the area and width otherwise required in the applicable zone in order to accommodate the construction of the affordable housing units on one or more lots on the same tract. All required setbacks, building height and coverage limits for the zone shall be met on all lots, except that, for the purposes of accommodating patios and parking for the affordable units, the maximum lot coverage on any lot containing affordable units shall be increased by 20 percent of the lot area for the district
[4] All affordable units shall comply with COAH's Rules pertaining to the phasing, integration, low/moderate income split, controls on affordability, bedroom distribution, affirmative marketing, heating source and administration of the affordable units, as set forth in N.J.A.C. 5:94-4.4 and elsewhere in the Rules.
(b) As to affordable housing units constructed on-site within a nonresidential development:
[1] Affordable housing units may be constructed within or converted from space above the first floor level in non-residential buildings or may be constructed in a separate building or buildings on the same site as a permitted non-residential use or development, subject to site plan review by the Planning Board. Residential or mixed use buildings containing up to eight (8) affordable housing units each shall be considered to be permitted uses in all non-residential zoning districts in Berkeley Heights Township, notwithstanding any other provision of the Zoning Ordinance to the contrary. All such dwelling units shall be deed restricted pursuant to COAH's affordability regulations and will meet all safety standards and any building design requirements imposed by the Planning Board to maintain the character of the area.
[2] All required setbacks, building height and coverage limits for the zone shall be met on nonresidential lots containing affordable housing units, except that, for the purposes of accommodating walkways and parking for the affordable units, the maximum lot coverage on any lot containing affordable units may be increased by up to five percent more than the coverage limit otherwise allowed on the lot.
[3] In computing the required parking for any mixed use development containing affordable housing units, consideration shall be given to shared parking opportunities during site plan review in accordance with current land use development ordinances.
[4] All affordable units shall comply with COAH's Rules pertaining to the phasing, integration, low/moderate income split, controls on affordability, bedroom distribution, affirmative marketing, heating source and administration of the affordable units, as set forth in N.J.A.C. 5:94-4.4 and elsewhere in the Rules.
(5) Creation of affordable housing units elsewhere within Berkeley Heights Township.
(a) Developers electing to create affordable housing units elsewhere within Berkeley Heights Township may do so within existing buildings constructed prior to 1980 in the R50 zones of Berkeley Heights Township.
(b) All affordable dwelling units shall comply with the following square footage. This minimum square footage is for living space and excludes the square footage allocable for a garage.
1. A one bedroom affordable dwelling unit shall not be less than 600 square feet.
2. A two bedroom affordable dwelling unit shall not be less than 800 square feet.
3.A three bedroom affordable dwelling unit shall not be less than 1000 square feet.
(c) All affordable units shall comply with COAH's Rules pertaining to the phasing (with the market units being constructed elsewhere by the same developer), low/moderate income split, controls on affordability, bedroom distribution, affirmative marketing, heating source and administration of the affordable units, as set forth in N.J.A.C. 5:94-4.4 and elsewhere in the Rules.
(6). Other requirements.
(a) The use of any of the foregoing mechanisms as to Section 5 above for providing affordable housing within Berkeley Heights Township shall be limited to the provision of non-age-restricted rental or affordable housing units in compliance with all of COAH's Rules set forth at N.J.A.C. 5:94-1, et seq.
(b) The Planning Board shall have the jurisdiction to consider the grant of a waiver from the foregoing to permit age-restricted or for sale housing where the Board finds that granting such a waiver would be more appropriate to the context of the development or to the location and nature of the affordable housing unit(s) being created. The Planning Board shall consider the Township-wide impacts of such a deviation upon the adopted and COAH-certified Housing Element and Fair Share Plan before approving any such waiver. The Planning Board shall only grant this waiver if the proposed project is within the Township's Highway Development-1 and Highway Development-3 and Special Economic Development-2 District.
(c) A proposed Affordable Housing Production Plan shall be submitted to the Planning Board at the time application is made for any development requiring growth-based affordable housing production pursuant to this Section. This Plan shall be a condition of the "completeness" determination. All Affordable Housing Production Plans shall be the subject of review by the Planning Board's Planner for consistency with COAH's Rules and with the Township's certified third round Housing Element and Fair Share Plan. Compliance with all of the terms of COAH's Rules and with the approved Affordable Housing Production Plan shall be a condition of development plan approval and may be covered by appropriate performance and maintenance guarantees as with any other required improvement.
(d) Where an odd number of low and moderate income housing units are required to be provided, the majority of the units shall be low income units. Where there are an insufficient number of affordable units provided to meet the bedroom distribution requirements of COAH's Rules, the first unit shall be a two bedroom unit, the second unit shall be a three bedroom unit and the third unit shall be a one- bedroom unit. Otherwise, the bedroom distribution shall be in strict accordance with COAH's Rules. It shall be the developer's responsibility, at its sole cost and expense, to contract with a COAH approved and Township 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 1st of each year, and as needed throughout the year, file with the Township Clerk of the Township of Berkeley Heights such certifications, reports and/or monitoring forms as maybe required by COAH to verify the continuing compliance of each affordable unit with COAH's Rules.
(e) Inclusionary residential developments shall be exempt from the requirements of this Section. Moreover, developments covered by this Section shall be exempt from the payment of Development Fees pursuant to any Development Fee Ordinance adopted by the Township.
**Webmasters Note: The previous article, Article 18.10, has been added as per Ordinance No. 19-06.
