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THE TOWNSHIP OF EWING

COUNTY OF MERCER, NEW JERSEY

ORDINANCE NO. #06-36

1st Reading _________________ Date to Mayor _________________

2nd Reading &


Public Hearing _________________ Date Returned _________________

Date Adopted: Date Resubmitted to Council ___________

_______________________________ Approved as to Form of Legality

Effective Date:

_______________________________

AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF EWING,


COUNTY OF MERCER, STATE OF NEW JERSEY, AMENDING CHAPTER 46, AFFORDABLE HOUSING,
AND CHAPTER 15, LAND DEVELOPMENT, TO AMEND THE ORDINANCE FACILITATING THE COAH
ROUND 3 GROWTH SHARE RULES IN CONNECTION WITH RESIDENTIAL AND NON-RESIDENTIAL
GROWTH AND DEVELOPMENT

First Reading

MEMBER AYE NAY ABS NV RES SEC

Murphy

Apai

Steinmann

Wollert

Summiel

Second Reading

MEMBER AYE NAY ABS NV RES SEC

Murphy

Apai

Steinmann

Wollert

Summiel

By ____________________________Date _____________Accepted ______Rejected ______


Mayor

Reconsidered
By Council _________________________________Override Vote YEA ______NAY _____

__________________________________ _________________________________
President of the Council Municipal Clerk

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TOWNSHIP OF EWING

ORDINANCE NO. 2006-36

AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE


TOWNSHIP OF EWING, COUNTY OF MERCER, STATE OF NEW JERSEY, AMENDING
CHAPTER 46, AFFORDABLE HOUSING, AND CHAPTER 15, LAND DEVELOPMENT,
TO AMEND THE ORDINANCE FACILITATING THE COAH ROUND 3 GROWTH SHARE
RULES IN CONNECTION WITH RESIDENTIAL AND NON-RESIDENTIAL GROWTH
AND DEVELOPMENT

NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township


of Ewing that Chapter 46, AFFORDABLE HOUSING, and CHAPTER 15, LAND
DEVELOPMENT, of the Code of the Township of Ewing, is hereby amended and
supplemented as follows:

Section 1.

The purpose of this Ordinance is to amend Chapter 46, Affordable Housing, and Chapter 15,
Land Development, as follows:

§15-102.4 Provision of Affordable Housing Pursuant to COAH Round 3 Growth Share


Regulations.

A. Purpose and findings. – No change.

B. Applicability.

(1) No change.

(2) Residential Development. Except as exempted in subsection C, residential


projects with nine (9) or more units are subject to the “growth share” provisions
of this ordinance and must provide one (1) affordable housing unit on-site for
every eight (8) market-rate units. Any residential project with fewer than nine (9)
units is subject to the Township’s development fees as set forth in the
Development Fee Ordinance, Section 15-102, including those residential projects
with fewer than nine (9) units receiving an increase in residential density for
which developers will be required to pay a bonus development fee of six percent
(6%) of the equalized assessed value for residential development, rather than the
development fee of one percent (1%). all residential development in any zone that
results in the construction of new market-rate dwelling units shall be subject to
the “growth share” provisions of this ordinance. Further, any residential project
with fewer than nine (9) units is not otherwise exempted from its growth share
obligation and shall make such payments as equal to the pro rata cost of
producing an affordable housing unit, based on the prevailing average cost, at the
time of application, of constructing one (1) unit, as determined in the exclusive
discretion of the Planning Board. For example, a project building two market rate
housing units, shall make payment equal to twenty-five percent (25%) of the cost
of producing one (1) affordable housing unit in the Township.

(3) Non-residential development. All non-residential development in any zone that


results in an increase in gross floor area of any existing non-residential structure
or the construction of a new non-residential structure shall be subject to the
Township’s development fees as set forth in Development Fee Ordinance, Section
15-102. Except as exempted in subsection C, all non-residential development in
any zone that results in an increase in gross floor area of any existing non-
residential structure or the construction of a new non-residential structure shall be
subject to the “growth share” provisions of this ordinance. Further, any non-
residential project that generates fewer than twenty-five (25) jobs is not otherwise
exempted from its growth share obligation and shall make such payments as equal
to the pro rata cost of producing an affordable housing unit, based on the
prevailing average cost, at the time of application, of constructing one (1) unit, as
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determined in the exclusive discretion of the Planning Board. For example, a
project producing five (5) jobs shall make payment equal to the cost of twenty
percent (20%) of producing one (1) affordable housing unit in the Township.

C. Exemptions.

(1) – (4) No change.

(5) In the case of single-family development, any new residential construction, which
has been created as part of an on-site residential demolition permit, shall not be
counted towards the Borough’s growth share obligation, and is exempt from
development fees.

D. Residential Growth Share Provisions.

(1) Quantification of Affordable Housing Obligation for Residential Developers.


Except as otherwise provided below, in those circumstances where an applicant
seeks to develop land for residential purposes, with projects of nine (9) or more
units, and receives no right to increased density or other compensatory bonus, said
applicant shall produce and develop on site one (1) residential unit of housing
affordable to low and moderate income households for every eight (8) market rate
residential units constructed (11.11 percent). Any residential project with fewer
than nine (9) units is subject to the Township’s Development Fee Ordinance as set
forth in Section 15-102. not otherwise exempted from its growth share obligation
and shall make such payments as equal to the pro rata cost of producing an
affordable housing unit.

(2) Permissible Manner of Satisfaction of Affordable Housing Obligation of


Residential Developers.

(a) Residential Development. For all residential development with nine (9) or
more units, an applicant shall satisfy its affordable housing production
obligation through on-site housing production in connection with the
residential project, which is one of the mechanisms permitted pursuant to
COAH’s regulations. By way of example, if a developer secures approval
for a nine (9) unit project, one of the units must be reserved as an
affordable unit.

(b) – (d) No change.

E. Non-Residential Growth Share Provisions

(1) Quantification of Affordable Housing Obligation for Non-Residential Developers.


Except as otherwise provided below, in those circumstances where an applicant
seeks to develop land for non-residential purposes and receives no right to an
increased Floor Area Ratio (FAR) as defined §15-8, Definitions, or other
compensatory benefit, the developer shall adhere to the Township’s Development
Fee Ordinance and must make a payment to the Township’s Mount Laurel Trust
Fund at a rate of two percent (2%) of the equalized assessed value for the project.
provide one (1) non-age-restricted affordable residential unit for every twenty five
(25) jobs projected to be created by its development. The calculation of the
number of jobs and employment opportunities shall be in accordance with
Appendix E to N.J.A.C. 5:94-1, et seq. entitled “UCC Use Groups for Projecting
and Implementing Nonresidential Components of Growth Share.”

(2) Full and complete satisfaction of compliance with the affordable housing
requirements of the development shall be a specific, automatic, essential, and non-
severable condition of all approvals. Pursuant to this condition, the applicant
must demonstrate that it has satisfied the Planning or Zoning Board’s affordable
housing condition of approval prior to obtaining the first building permit and
compliance with the affordable housing condition shall be a continuing condition
of all approvals for development.

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(2) Permissible Manner of Satisfaction of Affordable Housing Obligation of Non-
residential Developers.

(a) For all Nonresidential Development, the applicant may, at its option, but
subject to the approval of the Township Planning Board, satisfy its
affordable housing production obligation through the various mechanisms
COAH regulations authorize including: (a) on-site housing production in
connection with a residential component of the project in all non-industrial
zones; (b) the purchase of an existing market-rate home at another location
in the community and its conversion to an affordable price-restricted home
in accordance with COAH’s criteria, regulations and policies for each unit
required by the project; and/or (c) participation in gut reconstruction
and/or buy-down/write-down, buy-down/rent-down programs.

(b) All non-residential development in any zone creating fewer than twenty-
five (25) jobs may provide one (1) low-income unit off-site or shall pay
the pro rata cost of producing one (1) low-income unit in the Township.

(c) For developments that result in a number of jobs not evenly divisible by
twenty-five (25) and where the developer elects to satisfy its obligation
through the construction of affordable housing, the developer may satisfy
its obligation as to the remainder by constructing an additional affordable
unit on or off site or by making payment in an amount equal to the pro rata
share represented by the remainder for the cost of producing one (1)
affordable unit in the Township.

(d) Full and complete satisfaction of compliance with the affordable housing
requirements of the development shall be a specific, automatic, essential,
and non-severable condition of all approvals. Pursuant to this condition,
the applicant must demonstrate that it has satisfied the Planning or Zoning
Board’s affordable housing condition of approval prior to obtaining the
first building permit and compliance with the affordable housing condition
shall be a continuing condition of all approvals for development.

F. Mixed Use Growth Share Provisions

(1) For all projects which include a combination of both residential and non-
residential development, the affordable housing obligation created by the
residential portion of the project is set forth in Section D(1) above. The
permissible manner of satisfaction of the affordable housing obligation for the
residential component is set forth in Section D(2) above.

(2) The affordable housing obligation created by the non-residential portion of the
project is set forth in Section E(1) above. The permissible manner of satisfaction
of the affordable housing obligation for the residential component is set forth in
Section E(2) above.

G. General Provisions for Constructing Affordable Units

(1) The affordable unit(s) to be produced pursuant to Paragraphs A, B, C, D and E A


through F above shall be available to a low income individual or household
should only one affordable unit be required. Thereafter, each of the affordable
units shall be divided evenly between low and moderate income individuals and
households except in the event of the applicable formulas result in an odd number
of affordable units; in which event the unit shall be a low income residential unit.

(2) – (4) No change.

(5) Affordable housing deed restrictions, pricing and bedroom distributions must be
in accordance with Uniform Housing Affordability Controls (“UHAC”) as set
forth in N.J.A.C. 5:80-26.1 et seq. Single-family attached buildings in the form of
semi-detached (side-by-side) units or duplex (over and under) units buildings
shall be deemed to be permitted uses in the underlying zone when created for the
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purpose of meeting the growth share obligation on-site and shall conform to the
bulk standards set forth in the §15-17, RM – Residential Multifamily District and
§15-17A, RME – Residential Multifamily with Elevators District.

H. No change.

I. Compliance with COAH Rules. The affordable unit(s) to be produced pursuant to


Paragraphs C, D E, F and G above shall be available to a low income individual or
household should only one (1) affordable unit be required. Thereafter, each of the
affordable units shall be divided evenly between low and moderate income individuals
and households except in the event of the applicable formulas result in an odd number of
affordable units; in which event the unit shall be a low income residential unit. All
affordable units shall strictly comply with COAH’s regulations and policies including,
but not limited to, pricing, phasing, bedroom distribution, controls on affordability, range
of affordability, affirmative marketing, and income qualification. It shall be the
applicant’s responsibility, at its sole cost and expense, to arrange for a COAH and
Township approved qualification service to ensure full COAH compliance and to file
such certifications, reports and/or monitoring forms as may be required by COAH to
verify COAH compliance of each affordable unit.

J.I. Right To Greater Set-Aside If Compensatory Benefit.

(1) No change.

(2) As to nonresidential developers, nothing herein shall affect the Township’s ability
to generate an increased fee in accordance with the Township’s Development Fee
Ordinance, Section 15-102 more affordable housing than the one (1) affordable
residential unit for every twenty-five (25) jobs standard set forth above in the
event that the developer does not secure secures an increased floor area ratio
(FAR) or other compensatory benefit through zoning or through a use variance.

(3) No change.

Section 2. All Ordinances and parts of Ordinances inconsistent herewith are hereby repealed.
If any section, subparagraph, sentence, clause, or phrase of this ordinance shall be
held to be invalid, such decision shall not invalidate any remaining portion of this
Ordinance.

Section 3. This Ordinance shall take effect immediately upon passage, publication according
to law and filing with the Mercer County Planning Board in accordance with
N.J.S.A. 40:55D-16.

STATEMENT

This Ordinance amends the Revised General Municipal Ordinances of the Township of Ewing,
Chapter 15, Land Development, to amend the Ordinance facilitating affordable housing in
connection with residential and non-residential development in compliance with the New Jersey
Council on Affordable Housing Round 3 Rules approved December 20, 2004. This ordinance
supplements and amends the Affordable Housing Fees for the construction of new housing units
and new non-residential development.

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