§ 200-197. Provision of low- and moderate-income housing.

A. 

For all nonresidential development in the R-1/O District, the developer shall provide in the manner set forth in Subsection B below the number of low- and moderate-income units equal to the quotient derived from dividing the floor area of all uses by 6,600 square feet.

B. 

The board of jurisdiction shall determine the manner in which the low- and moderate-income units are provided for from among one or more of the following:

(1) 

On-site construction.

(2) 

Through a regional contribution agreement.

(3) 

Through a fee to the Township, pursuant to a developer's agreement, in an amount equal to the number of low-and moderate-income units required multiplied by the per unit regional contribution agreement rate established by the Council on Affordable Housing or its successor. The amount of the per square foot fee shall be established at the time of preliminary approval and shall be adjusted to reflect increases or decreases in the cost of building construction as set forth in the Dodge Building Costs Indexes for United States and Canadian Cities, utilizing the average of the Philadelphia area and the New York Metropolitan area or, if such index ceases to be published, another suitable index. Such fee may be used only to provide low- and moderate-income units in addition to those units which sites in the Township's affordable housing program are designed to generate, assuming maximum development of the sites, except that, if such funds are used for a site for which a development proposal is pending, they may be used to provide low- and moderate-income units in addition to those proposed.

C. 

In addition, the applicant may propose one or more of the following, in which case the board of jurisdiction may choose from among such proposals and from the methods set forth in Subsections B(1) through (3) in deciding the manner in which the applicants' obligation to provide low-and moderate-income housing shall be met.

(1) 

Off-site construction on a site zoned for low- and moderate-income housing, provided that the low- and moderate-income units proposed are in addition to the number of such units the site is designated or proposed to generate. If no development proposal is pending for the site at the time the application for the nonresidential development is approved, the number of low- and moderate-income units for which the site is designed shall be determined by assuming the maximum development of the site. If a development proposal is pending, the number of low- and moderate-income units proposed shall govern.

(2) 

Off-site construction on a site not zoned for low- and moderate-income housing, provided that the site is acceptable to the board of jurisdiction.

(3) 

An on- or off-site land donation which shall be utilized for providing low- and moderate-income housing. Such donation may be made in lieu of all or part of the cash contribution.

D. 

The low- and moderate-income units shall comply with the affordability and other standards set forth in § 200-237.

E. 

If the low- and moderate-income units are provided on site, they shall meet the requirements of § 200-209A(8)(a)[6][c], whether or not such units are part of a planned development. In addition, such units shall be accessible to the common open space; be buffered in the manner set forth in § 200-227; and be provided with active recreational facilities consistent with § 200-36C.

F. 

If the board of jurisdiction determines that a cash contribution shall be made in lieu of construction of the units, a regional contribution agreement, or land contribution 10% of the contribution due for each building, shall be due prior to issuance of the building permit of the building in question. The contribution for each building shall be calculated by multiplying the average per square foot of floor area contribution for the development as a whole by the square footage of the building. Any land which the board of jurisdiction agrees to accept in lieu of all or part of the cash contribution shall be conveyed to the Township prior to the issuance of the first building permit.

G. 

As the R-1/O District regulations provide for the on-site construction of low- and moderate-income housing at the board of jurisdiction's option for proposed nonresidential use, the basic rights of an R-1/O nonresidential development shall be 100%.

Added 7-27-1998 by Ord. No. 98-19