A. Any developer engaged in a project subject to the provisions of this Article may apply to the Board to provide the affordable housing required by the application of this Article in a structure or structures located apart from the development triggering the provisions of this Article, but within the City of Hoboken. Such approval may be granted where the Board finds, on balance, that:

(1) The affordable housing units to be provided off site are of comparable or superior size and quality to those that would have otherwise been provided.

(2) The environmental conditions of the neighborhood in which the affordable units are to be located is suitable for residential development.

(3) Approval would not tend to increase the concentration of low- or moderate-income households within any part of the City of Hoboken.

B. The Board should give substantial weight to the policy of favoring mixed-income development over separate developments for low/moderate-income households and higher-income households.

C. Off-site units to be provided pursuant to this Article may, in the discretion of and with the approval of the Board, include fully rehabilitated and renovated vacant condominium or rental units in existing structures in the City of Hoboken or, if the unit is located in a multiple-family dwelling, where the entire building is being provided, is vacant and has been rehabilitated and renovated. Developers with fractional obligations of units may provide for the off-site development of housing in fulfillment of that obligation through combining their obligations with the fractional obligations of other developers. Units provided pursuant to this subsection shall fully conform to the provisions of § 196-70 hereof and shall fully comply with the United States Department, of Housing and Urban Development (HUD) Minimum Property Standards and be eligible for HUD rental support.

Provision of on-site or off-site affordable housing units shall take place simultaneously, with the balance of the development triggering the affordable housing requirement, and shall be governed by the following provisions:

A. Certificates of occupancy for no more than twenty percent (20%) of the market units in a residential development may be issued prior to issuance of any certificates of occupancy for affordable housing units.

B. Certificates of occupancy for the balance of the units shall be issued according to the following schedule:

(1) Schedule.

(2) Certificates of occupancy for the last ten percent (10%) of the market units shall not be issued until certificates of occupancy have been issued for all of the required affordable units.

C. The distribution of affordable units by income category and by unit size in each phase of construction shall be generally similar to the distribution of the total number of affordable units in the development by income category and unit size.

D. A schedule setting forth the phasing of the actual number of total units and affordable units, by income category and unit size, for each development shall be incorporated into the resolution of approval for any development- subject to the provisions of this Article.

A. Projects subject to the provisions of this Article may elect, with the approval of the Board, to make a voluntary cash contribution to the trust fund created by this Article or a voluntary contribution of land and improvements to the City of Hoboken in lieu of constructing all or part of the affordable housing units required by this Article.

B. The Board is authorized to approve a voluntary cash contribution under this section only upon written findings, supported by the record, that such a contribution will farther the housing policies of the City of Hoboken more than the construction of affordable units at the time in question. In making such findings, the Board shall consider and report on the following factors:

(1) The number of units that can be built or low/moderate income households preserved with the cash contribution vs. the number of new units required to be built.

(2) The availability and stage of readiness of affordable housing projects on which the trust funds can be expended.

(3) The reasons which make the provision of actual units impractical.

C. The opportunity to make a voluntary cash contribution in lieu of providing affordable housing is not intended to be and should not be construed as a right available to developers at their sole option. The policy of this Article favors provision of actual affordable units.

D. Amount of contribution.

(1) The amount of the cash contribution for residential development shall not exceed an amount calculated by taking into consideration:

(a) The per-unit cost to the city to provide low and moderate-income housing with funds that may be available under the provisions of this Article: and

(b) The combined benefit to a representative developer of being relieved of the inclusionary requirement and of being able to produce additional market rate housing units.

(2) The minimum contributions for residential development are established on a per-unit basis and are to be multiplied by the total number of residential units in the project, without respect to the unit size, in order to calculate the total minimum acceptable voluntary cash contribution.

(3) The schedule of contributions per unit is as follows:

(4) Upon the sale of any rental unit or the building within which the rental units are located at any time prior to twenty (20) years from the date of initial occupancy, the owner/seller shall contribute five percent (5%) of the sales price of the unit or the building to the Housing Trust Fund offset by the amount of the contribution made on the basis of the above rental formula.

(5) In the event of a mixed sale and rental building, the owner/seller shall make a contribution in lieu of construction proportionate to the number of units sold and the number rented according to the respective formulas set forth above.

E. Where a developer is making a contribution in lieu of providing a part of the affordable units required to be provided under this Article and is constructing a part of the affordable units, the percentage of low-income units among the affordable units being constructed by the developer shall not be less than that set forth in § 196-69C.

F. Payment of any cash contribution approved by the Board under this section shall be made according to the same schedule set forth in § 169-72 hereof; provided, however, that ten percent (10%) of the allowable cash contribution shall be paid prior to issuance of the first certificates of occupancy for any residential units in the building. The Board may require that the developer provide a letter of credit for the full amount of the contribution prior to receiving the first certificates of occupancy for any residential units in the building.

G. For purposes of determining the amount of a contribution of land and improvements required in lieu of the construction of all or part of the affordable housing units required herein, the contribution shall be determined according to the standards set forth in Subsection D above. To determine the dollar value of the land and improvements, the developer shall submit to the Board with its plan of compliance two (2) independent appraisals, prepared at the developer's expense.

H. Contributions of land and improvements in lieu of constructing all or part of the affordable housing units required by this Article shall be made to the Affordable Housing Corporation. Any deed conveying such land and improvements to the Corporation shall include a covenant running with the land, stating that it will be used for the express and exclusive purpose of the development of affordable housing.

All future redevelopment plans providing for residential housing in redevelopment areas and prepared pursuant to the Blighted Areas Law, N.J.S.A. 40-55-21.1 et seq.; the Local Housing Authorities Law, N.J.S.A. 55-14A-1 et seq.: the Redevelopment Agencies Law, N.J.S.A. 40-.55C-1 et seq., and specifically N.J.S.A 40-.55C-5, 55C-17, 55C-32 and N.J.S.A. 55-14A-40 and 14A-51, shall set forth affordable housing development standards and requirements identical to the standards set forth herein. These standards shall be regarded as a minimum for redevelopment areas.

A. Establishment; uses.

(1) There is hereby established in the City of Hoboken a Housing Trust Fund, which shall be a dedicated municipal account held by the Treasurer of the City of Hoboken, solely for the purpose of financing affordable housing and into which shall be deposited all funds collected pursuant to this Article and such additional funds from any other source as the city may consider appropriate.

(2) The Trust Fund shall be dedicated to the following uses

(a) New construction of affordable housing units.

(b) Substantial rehabilitation of existing substandard units in order to create affordable housing units.

(c) Preservation of existing affordable housing units. including

[1] Acquisition costs.

[2] Rental subsidies.

[3] Interest subsidies.

[4] Loan guaranties.

[5] Lease/purchase and equity sharing programs.

[6] Other such financial devices as will further the purposes of this Article.

(3) Moneys from the trust fund may be expended for all legitimate costs appropriate and necessary to effectuate the foregoing purposes.

(4) Units acquired, constructed, subsidized or otherwise financed by the trust fund should conform, wherever possible and to the greatest extent feasible, with the provisions of § 196-70 hereof.

B. Plan for the use of moneys.

(1) The CDA, on its own behalf or on behalf of other public agencies and/or nonprofit housing corporations, shall prepare and submit to the Mayor and City Council annually a plan for use of moneys collected and anticipated to be collected for the Housing Trust Fund. After approval of the plan by the Mayor and by resolution of the City Council, the CDA shall be permitted to draw upon those funds as required to implement the plan.

(2) The plan shall include the following

(a) Results and evaluation of the prior year's activity.

(b) Goals for low-income and moderate-income affordable housing units, by category, as follows:

[1] Units to be provided by developers.

[2] New construction with trust fund financing.

[3] Affordable units to be provided by substantial rehabilitation of substandard units.

[4] Preservation of affordable units, according to Subsection A(2)(c)[1] through [6] hereof.

(c) Income Projections for trust fund.

(d) Allocation of trust fund resources, according to use categories as set forth in Subsection A(2) hereof

(3) This plan may be amended by the Mayor and City Council from time to time during the course of the year, upon recommendation by the CDA.

A. A nonprofit housing corporation shall be established in the City of Hoboken which shall develop, implement, administer and monitor affordable housing projects approved by the Board.

B. The Board of Trustees of this Corporation shall consist of men (7) trustees comprising of A cross section of the Hoboken community.

C. The Board of Trustees of the Corporation shall be selected as follows:

(1)Two (2) trustees shall be appointed by the Mayor.

(2) Two (2) trustees shall be appointed by the City Council.

(3) One (1) trustee shall be a member of the Planning Board, other than the City Council member, who shall be appointed by the Chairman of the Planning Board.

(4) The remaining trustees shall be appointed by both the Mayor and the City Council upon the recommendation of the Director of the CDA.

D. Terms of the trustees shall be four (4) years, except that initial appointments to the Board shall have the following terms:

(1) Appointments by Mayor. one (1) for four (4) years and one (1) for three (3) years.

(2) Appointments by Council: one (1) for four (4) years and one (1) for three (3) years.

(3) Appointments by Mayor and Council, upon recommendation of the CDA Director. one (1) for two (2) years and one (1) for four (4) years.

(4) Planning Board member two (2) years.

E. In the event that a vacancy occurs on the Board of Trustees, a new trustee shall be selected to complete the term of the vacating trustee in the same manner as the vacating trustee was selected.

The Board and the CDA are hereby granted and shall have the right to issue and promulgate such rules and regulations as are deemed necessary to implement and effectuate the purposes of this Article, which rules and regulations shall have the force of law until revised, repealed or amended from time to time by the Board or the CDA in the exercise of its discretion, provided that such rules and regulations are filed with the City Clerk

The provisions of this Article regarding contributions in lieu of providing affordable housing units are to be construed an alternative that may be voluntarily chosen by developers, which alternative has not generally been offered in inclusionary ordinances adopted by other municipalities and which is not required by any statutory provision, administrative regulation or court decision to be offered by the City of Hoboken and, therefore, rather than imposing a burden on developers, has the effect of mitigating any potential economic costs on developers created by the imposition of the inclusionary affordable housing requirements of this Article

When any calculation required by this Article results, in a fractional unit, all fractions shall be rounded up to the next whole unit. When any calculation of the number of affordable units required results in an odd number, the extra unit shall be a low-income unit.

The governing body of the City of Hoboken shall review the economic impact of this Article on an annual basis upon the anniversary of its passage. To assist in that review, the CDA shall prepare such information as the Mayor and City Council may request

Every residential project that has not received preliminary site plan approval by the Board or, if such approval is not presently required, all approvals from federal, state or municipal authorities required prior to commencement of construction as of the first reading of this Article will be subject to the provisions of this Article.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF HOBOKEN ADOPTING SPECIAL AREA STANDARDS FOR OPEN RESIDENTIAL PARKING THE COUNCIL OF THE CITY OF HOBOKEN DOES HEREBY ORDAIN AS FOLLOWS:

WHEREAS, proposed special area standards have been submitted to the Site Improvement Advisory Board for review pursuant to N.J.A.C. 5:21-3.5 by the City of Hoboken, Hudson County; and

WHEREAS, the State of New Jersey Site Improvement Advisory Board held an informal hearing pursuant to N.J.A.C. 5:21-3.5(c) on June 16, 1998 to review the proposed special area standards, which consist of standards for residential parking for the City of Hoboken; and

WHEREAS, in reviewing the proposed special area standards, the Site Improvement Advisory Board has given consideration to those matters, to the extent applicable, as provided for by N.J.A.C. 5:21 -3.5(d), and has required the production of such documents and submissions as provided for by N.J.A.C. 5:21 -3.5(e), and has examined the documents and submissions and computations or calculations as have been made in connection with such documents and submissions, and has taken such action as it has deemed necessary for its review of such documents and submissions; and

WHEREAS, pursuant to N.J.A.C. 5:21-3.5(I), the Site Improvement Advisory Board may approve or deny in whole or in part, special area standards submitted for consideration by a municipality or municipalities; and

WHEREAS, the proposed special area standards are within the jurisdiction of the Site Improvement Advisory Board pursuant to N.J.S.A. 40:55D-40.4; and

WHEREAS, the Site Improvement Advisory Board finds that the modifications to N.J.A.C. 5:21-4 submitted by the City of Hoboken and enumerated below meet the criteria for special area standards set forth at N.J.A.C. 5:21-3.5(k) as follows:

1. They are consistent with the intent of the Site Improvement Act.

2. They are reasonable and not unduly burdensome. The requirement to provide a specific number of on-site and off-site parking spaces per dwelling unit promotes uniformity while preserving the character and nature of the neighborhood, and the look of the City of Hoboken.

3. They meet the needs of public health and safety. The requirement to provide a specific number of on-site and off-site parking spaces per dwelling unit results in adequate parking being provided through shared inventory of public off-street spaces. In addition, alternative means of transportation (mass transportation) result in less of a need for parking facilities, which is necessary for facilitation of urban redevelopment of the City of Hoboken.

4. They take into account existing infrastructure and surrounding development. The modifications approved are of critical importance to the retention of the character of the City of Hoboken and will assist in the continuance of the urban design goal.

NOW, THEREFORE, BE IT ORDAINED that N.J.A.C. 5:21-4 is modified as follows for the City of Hoboken:

1. Table 4.4 (Parking Requirements for Residential Land Uses) is modified as follows:

2. The City of Hoboken's ordinance provisions establishing where and when curbcuts are allowed is not included or approved herewith because it is outside the scope of N.J.A.C. 5:21 and is not within the jurisdiction of the Site Improvement Advisory Board. The governing body of the City of Hoboken is free to adopt ordinances as it deems appropriate addressing whether curbcuts are allowed.

3. The City of Hoboken's ordinance provisions dealing with enclosed parking space size and design is not included or approved herewith, since the current provisions of N.J.A.C. 5:21 are only applicable to surface parking lots. The governing body of the City of Hoboken is free to adopt ordinances as it deems appropriate addressing enclosed parking space size and design until provisions are incorporated within N.J.A.C. 5:21.

4. The City Clerk shall cause a copy of this ordinance certified to be true to be filed with the Site Improvement Advisory Board within thirty (30) days of its final adoption.

5. This ordinance shall take effect as provided by law.

**Webmaster's Note: The previous amendment is a non-codified and will be integrated into the document upon codification