This article of the City Code sets forth regulations regarding
the City's affordable housing obligation consistent with the
provisions of the Court-approved settlement agreement and subsequent
adoption of a housing element and fair share plan conforming with
the terms of this agreement to satisfy its obligation under the Mount
Laurel Doctrine and Fair Housing Act of 1985, N.J.S.A. 52:27D-301
et. seq., for the prior round (1987-1999) and third round (1999-2025)
to provide a fair share of affordable housing for very-low, low- and
moderate-income households. These regulations are also intended to
provide assurances that very-low, low- and moderate-income units (the
"affordable units") are created with controls on affordability over
time and that qualifying households occupy these units. These regulations
shall apply except where inconsistent with applicable law or with
any prior round Court-approved settlements and settlement agreements.
Median income by household size shall be established using a
regional weighted average of the uncapped Section 8 income limits
published by HUD and computed as set forth in Paragraph 11(a) of the
Fair Share Housing Center settlement agreement dated April 26, 2018.
If an affordable housing unit is part of a condominium association
or homeowners' association, the master deed shall reflect that
the assessed affordable homeowners' fee be established at 100%
of the market rate fee. This percentage assessment shall be recorded
in the master deed.
Upon resale of an affordable unit, a certificate of re-occupancy
shall be required in accordance with N.J.A.C. 5:80-26.10.
Unless otherwise approved by COAH or the Superior Court, final
site plan or subdivision approval shall be contingent upon the affordable
housing development meeting the following phasing schedule for low-
and moderate-income units whether developed in one stage or in two
or more stages:
Minimum Percentage of Affordable Units Completed
|
Percentage of Market Housing Units Completed
|
---|
0
|
25
|
10
|
25 + 1 unit
|
50
|
50
|
75
|
75
|
100
|
90
|
Any conveyance of a newly constructed low- or moderate-income
sales unit shall contain the restrictive covenants and liens that
are set forth in N.J.A.C. 5:80-26 et seq.