N.J. Admin. Code § 7:38-6.9

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:38-6.9 - Waiver for the construction of a 100 percent affordable housing development

(a) In order to afford Bloomsbury, Califon or Glen Gardner Boros in Hunterdon County, and Ringwood Boro and West Milford Township in Passaic County reasonable opportunity to include housing for low and moderate income households in their Fair Share plans as required by the Mount Laurel Doctrine (67 N.J. 151(1975), the Fair Housing Act (52:27D-301 et seq.), and Council on Affordable Housing (COAH) rules (N.J.A.C. 5:91), the Department may, in its discretion, waive any provision contained in this chapter on an individual case by case basis to permit the construction of housing in these towns that is exclusively comprised of low and moderate income dwelling units, as defined by COAH pursuant to 5:93-5.5 and 5:94-4.6.

(b) To be eligible for this waiver, an applicant shall demonstrate that the project meets the criteria in (a) above, and that there is no other practicable means to meet the municipality's affordable housing requirements as calculated pursuant to COAH regulations and that the proposed project:

1. Has no practicable alternative that:

i. Would have less or no adverse impact on all Highlands resource areas on the site for which the HPAA is sought; and

ii. Would not have other significant adverse environmental consequences, that is, will not merely substitute other significant environmental consequences for those attendant on the original proposal;

2. Is designed to comply with the preservation area standards contained at N.J.A.C. 7:38-3 to the maximum extent feasible while still addressing the affordable housing need; and

3. Has been designed to meet the requirements at 7:38-6.2 to the maximum extent possible.

(c) In addition to meeting the requirements at (a) and (b) above, an applicant who proposes a regulated activity within a Highlands open water that is also a freshwater wetland or State open water, as defined in the Freshwater Wetlands Protection Act rules at 7:7A-1.4, shall provide mitigation in accordance with N.J.A.C. 7:7A.

N.J. Admin. Code § 7:38-6.9

New Rule, R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).