Office of the Township Clerk
Ordinances

TOWNSHIP OF VERNON
ORDINANCE #05-12

PROVIDING FOR INCLUSIONARY CONTRIBUTION TO AFFORDABLE HOUSING IN THE TOWNSHIP OF VERNON

WHEREAS, the State of New Jersey has recognized that every municipality in New Jersey has an affirmative obligation to provide affordable housing; and WHEREAS, the Township of Vernon has received second round substantive certification and is planning to provide, in the future, a growth share approach to affordable housing on a municipal wide basis; and

WHEREAS, Vernon desires to implement growth share in an effort to foster the production of affordable housing units in the Township.

NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Vernon, County of Sussex and State of New Jersey as follows:

1. Any residential development in any zoning district of the Township which proposes the development of more than 3 units of net density shall set aside twenty percent of the developed units for affordable housing as said term is defined under the Fair Housing Act and COAH Rules. For the purposes of this Ordinance, the term "net density" shall be determined by dividing the number of dwelling units by the gross area of land reduced by environmentally sensitive areas as defined by Township Ordinance.

2. The affordable units described in this ordinance shall be available to a low income qualifier should there be only one such unit available. If there is more than one unit available, the disposition of units between low and moderate income qualifiers shall be equal so long as there are low income applicants. An odd availability shall be resolved in favor of low income qualifiers, if there are low income applicants.

3. The Township Clerk is hereby directed to give notice at least ten days prior to the adoption of this Ordinance to the County Planning Board and to all other persons entitled thereto pursuant to NJSA 40:55D-15 and NJSA 40:55D-63 (if required). Upon the adoption of this ordinance after public hearing thereon, the Township Clerk is further directed to publish notice of the passage thereof and to file a copy of the Ordinance as finally adopted with the Sussex County Planning Board as required by NJSA 40:55D-16. The Clerk shall also forthwith transmit a copy of this Ordinance after final passage to the Township Tax Assessor as required by NJSA 40:49- 2.1.

4. All ordinances or parts of ordinances or resolutions that are in conflict with the provisions of this Ordinance are repealed to the extent necessary.

5. If any article, section, subsection, term or condition of this Ordinance is declared invalid or illegal for any reason, the balance of the Ordinance shall be deemed severable and shall remain in full force and effect.

6. This Ordinance shall take effect after publication and passage according to law.

NOTICE

NOTICE IS HEREBY GIVEN that the above ordinance was introduced and passed on first reading at the Regular Meeting of the Township Council of the Township of Vernon in the County of Sussex, State of New Jersey held in the Municipal Building on March 28, 2005 and the same came up for final passage at the Regular Meeting of the Township Council held on May 9, 2005, at which time, after persons interested were given an opportunity to be heard concerning said ordinance, the same was passed and will be in full force in the Township according to law.

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IRA WEINER, MAYOR

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PATRICIA A. LYCOSKY, R.M.C.
TOWNSHIP CLERK