Ordinance No. 2006-12

AN ORDINANCE AMENDING THE GROWTH SHARE ORDINANCE OF THE TOWNSHIP OF WANTAGE

WHEREAS, In 2004, the Township Committee adopted Ordinance No. 2004-11 which provided for a Growth Share Component to address the Township’s obligation to construct low and moderate-income housing under the Council on Affordable Housing’s (“COAH”) Third Round Regulations. The Township Committee now desires to amend the ordinance in order to make it more comprehensive.

BE IT ORDAINED by the Township Committee of the Township of Wantage that
Ordinance No. 2004-11 is repealed in its entirety and replaced as follows:

SECTION 1:
Growth Share.

The Growth Share requirements contained in this ordinance 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 ordinance. Furthermore, this ordinance shall apply regardless of whether a sub-division 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.

SECTION 2:
Residential Development.

Residential Developments between one (1) and seven (7) units shall be required to provide a cash contribution as set in the Township’s Fee Ordinance for each unit constructed.

Residential Developments of eight (8) units or more shall be required to construct one (1) residential affordable housing unit for every eight (8) housing units constructed.

Residential Developments of nine (9) to Fifteen (15) units shall be required to comply with §2.b plus a cash contribution as set in the Township’s Fee Ordinance, for each housing unit over 8 and up to 15.

Residential Developments of sixteen (16) units or more shall follow the pattern established in §2b and c for calculation purposes.

SECTION 3:
Non-residential Development.

1. For non-residential developments, the following chart contains the requirements for constructing affordable housing units by developers.

   Use Group	Description	Jobs Created per 1000 sf
   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.	.50
   H	Hazardous uses.	1
   A1	Movie theaters	2
   A2	Casino/Night club	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

    

SECTION 4:
General Provisions.

Affordable housing units to be built in accordance with this Ordinance, shall adhere to the following schedule:

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 non-residential, the amount per unit shall be the amount in effect at the time the property owner or developer obtains the building permit. Thirty (30%) 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.

At the Township’s discretion, alternative mechanisms permitted under COAH’s regulations may be permitted in place of on site construction of affordable units.

Full compliance with the affordable housing requirements is mandatory and non-waivable, with compliance being a continuing condition during construction.

All affordable units shall comply with all COAH requirements, including but not limited to containing a thirty-year deed restriction as required by COAH.

Affordable units: 50 % of the units shall be low income and 50% moderate income as required by COAH.

Bedroom mix shall be in accordance with current COAH rules in effect at the time the building permit is issued.

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.

At the discretion of the Township Committee, the Developer shall satisfy the obligation generated pursuant to this ordinance or tender a developer’s fee in accordance with the Township Developer’s Fee Ordinance, but not both.

Additions to existing residential structures and construction of non-habitable farm or commercial accessory structures shall be exempt from the provisions of this Ordinance.

Demolition of an existing structure such that no new certificate of occupancy is required shall be exempt from the provisions of this ordinance.

SECTION 5.
The Township’s Fee Ordinance is amended as follows:

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.

Non-residential 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 by multiplying the cost for construction of a residential COAH ($142,000) unit by the fraction consisting of the square footage for the proposed use contained in the chart found in section 3.

SECTION 6.
The Municipal Clerk is hereby directed to give notice at least ten days prior to the hearing on the adoption of this ordinance to the County Planning Board and to all other entities thereto pursuant to the provisions of N.J.S.A. 40:55D-15. The Municipal Clerk is further directed to refer this Ordinance to the Borough Planning Board, pursuant to N.J.S.A. 40:55D-64. Upon the adoption of this ordinance, after public hearing thereon, the Municipal Clerk is further directed to publish notice of the passage thereof and to file a copy of this ordinance, as finally adopted, with the Sussex County Planning Board, as required by N.J.S.A. 40:55D-16.

SECTION 7.
Severability.
If any provision of this ordinance or the application of this ordinance to any person or circumstances is held invalid, the remainder of this ordinance shall not be affected and shall remain in full force and effect.

SECTION 8.
Repealer.
All ordinances or parts of ordinances or resolutions inconsistent or in opposition to the provisions of this Ordinance are hereby repealed in their entirety.

SECTION 9.
Effective Date.
This ordinance shall take effect after publication and passage according to law.

_____________________________
Jeffrey Parrott, Mayor
ATTEST:

__________________________________
James Doherty, Administrator


NOTICE

AKE NOTICE that the above entitled ordinance was introduced at a regular meeting of the Township Council of the Township of Wantage on June 8, 2006, and will be considered for final passage after public hearing at a regular meeting of the Township Council of the Township of Wantage to be held on July 20, 2006, at 8:00 p.m. in the Municipal Building, Route 23, Wantage, New Jersey

____________________________________
James Doherty, Administrator