[Amended by Ord. No. O-94-06, 10/10/2006; 2-26-2019 by Ord.
No. O-01-19]
A.
This article is intended to assure that low- and moderate-income
units ("affordable units") are created with controls on affordability
and that low- and moderate-income households shall occupy these units.
This article shall apply except where inconsistent with applicable
law.
B.
The Borough of Monmouth Beach Planning Board has adopted a Housing
Element and Fair Share Plan pursuant to the Municipal Land Use Law
at N.J.S.A. 40:55D-1 et seq. The Fair Share Plan has been adopted
by the Planning Board and endorsed by the governing body. The Fair
Share Plan describes how the Borough of Monmouth Beach shall address
its fair share for low- and moderate-income housing as documented
in the Housing Element and outlined in the terms of the settlement
agreement between the Borough and Fair Share Housing Center (FSHC).
C.
This article implements the Borough's Fair Share Plan, addresses
the requirements of the Court and the terms of the settlement agreement,
and also implements a Borough-wide requirement that all new multi-family
residential development of five or more units shall have mandatory
affordable housing set aside for low- and moderate-income units, subject
to certain enumerated conditions.
D.
The Borough of Monmouth Beach shall track the status of the implementation
of the Housing Element and Fair Share Plan. Any plan evaluation report
of the Housing Element and Fair Share Plan shall be available to the
public at the Municipal Building located 18 Willow Avenue, Monmouth
Beach, 07750.
The following words and terms, when used in this article, shall
have the meanings given in this section:
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site.
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity responsible for the administration of affordable
units in accordance with this article, N.J.A.C. 5:96, N.J.A.C. 5:97
and N.J.A.C. 5:80-26.1 et seq.
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent within the means of a low- or moderate-income
household as defined in N.J.A.C. 5:97-9; in the case of an ownership
unit, that the sales price for the unit conforms to the standards
set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented,
and, in the case of a rental unit, that the rent for the unit conforms
to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended
and supplemented.
A housing development all or a portion of which consists
of restricted units.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or structure that provides for-sale or rental dwelling units
for low- and moderate-income households within a residential use,
structure, supportive or special needs dwelling, or residential component
of a mixed-use development in accordance with the requirements of
the Borough of Monmouth Beach's affordable housing ordinances and
Housing Element and Fair Share Plan.
Any mechanism in a municipal fair share plan prepared or
implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited
pursuant to N.J.A.C. 5:97-4, and/or funded through an affordable housing
trust fund.
A housing unit designed to meet the needs of and exclusively
for the residents of an age-restricted segment of the population such
that; 1) all the residents of the development where the unit is situated
are 62 years or older; or 2) at least 80% of the units are occupied
by one person that is 55 years or older; or 3) the development has
been designated by the Secretary of the U.S. Department of Housing
and Urban Development as "housing for older persons" as defined in
Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).
A facility licensed by the New Jersey Department of Health
and Senior Services to provide apartment-style housing and congregate
dining and to assure that assisted living services are available when
needed for four or more adult persons unrelated to the proprietor
and that offers units containing, at a minimum, one unfurnished room,
a private bathroom, a kitchenette and a lockable door on the unit
entrance.
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
The New Jersey Council on Affordable Housing established
under the Fair Housing Act of 1985.
New construction and additions, but does not include alterations,
reconstruction, renovations, and repairs as those terms are defined
under the State Uniform Construction Code promulgated pursuant to
the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A.
52:27D-119 et seq.).
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that
require the repair or replacement of a major system. A major system
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load-bearing structural systems.
The Department of Community Affairs of the State of New Jersey
that was established under the New Jersey Fair Housing Act (N.J.S.A.
52:27D-301 et seq.).
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development, including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill;
and any use or change in the use of any building or other structure
or land or extension of use of land for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
Money paid for an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
in COAH rules and regulations pursuant to N.J.A.C. 5:93-8, Development
Fees.
The assessed value of a property divided by the current State
equalization ratio for the Borough. Estimates at the time of building
permit may be obtained by the Borough Tax Assessor utilizing estimates
for construction cost. Final equalized assessed value shall be determined
at project completion by the Borough Assessor.
A development containing both affordable units and market
rate units. Inclusionary developments that have five or more units
must have a minimum of 20% set aside for affordable units if it is
for sale and a minimum of 15% set aside for rentals. This term includes,
but is not necessarily limited to; new construction, the conversion
of a nonresidential structure to residential and the creation of new
affordable units through the reconstruction of a vacant residential
structure.
A determination issued by the Superior Court approving the
Borough's affordable housing plan to satisfy its fair share obligation.
A household with a total gross annual household income equal
to 50% or less of the median household income.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building, which
include but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement or load-bearing structural systems.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable county,
as adopted annually by the Department.
A structure or building that encompasses two or more different
land uses, which shall be a retail or commercial component and a residential
component, whereby any commercial use must be on the ground floor
of said building or structure and the upper levels of the structure
shall be the residential component and shall provide low- and moderate-income
units, for-sale or rental, in accordance with the requirements of
the Borough of Monmouth Beach's affordable housing ordinances and
Housing Element and Fair Share Plan.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income
household.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a Class A
beneficiary and the transfer of ownership by court order.
Any building or structure, or portion thereof, including but
not limited to any appurtenant improvements, which is designated to
a use group other than a residential use group according to the State
Uniform Construction Code promulgated to effectuate the State Uniform
Construction Code Act, P.L. 1975. c. (N.J.S.A. 52:27D-119 et seq.),
including any subsequent amendments or revisions thereto;
Hotels, motels, vacation timeshares, and child-care facilities;
and
The entirety of all continuing care facilities within a continuing
care retirement community which is subject to the Continuing Care
Retirement Community Regulation and Financial Disclosure Act, P.L.
1986, c. 103 (N.J.S.A. 52:27D-330 et seq.).
A process by which current income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by the Department's adopted regional income limits published
annually by the Department.
The repair, renovation, alteration or reconstruction of any
building or structure pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, rent does
not include charges for food and services.
A dwelling unit, whether a rental unit or ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income.
A restricted unit that is affordable to a very-low-income
household.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for rehabilitation.
The Borough of Monmouth Beach will use the following mechanisms
to satisfy its affordable housing obligations:
A.
Percentage of mandatory set asides for all future residential developments.
1.
If the Borough permits the construction of multifamily residential
developments, the Borough shall require that an appropriate percentage
of the residential units be set aside for low- and moderate-income
households. This requirement shall apply beginning with the effective
date of this article to any multifamily development, including the
residential portion of a mixed-use development, which consists of
five or more new residential units, whether permitted by a zoning
amendment, a variance granted by the Borough's Planning or Zoning
Board, or adoption of a redevelopment plan or amended redevelopment
plan in areas in need of redevelopment or rehabilitation. For inclusionary
projects in which the low and moderate units are to be offered for
sale, the appropriate set-aside percentage is 20%; for projects in
which the low- and moderate-income units are to be offered for rent,
the appropriate set-aside percentage is 15%. This requirement does
not create any entitlement for a property owner or applicant for a
zoning amendment, variance, or adoption of a redevelopment plan or
amended redevelopment plan in areas in need of redevelopment or rehabilitation,
or for approval of any particular proposed project.
2.
This requirement does not apply to residential expansions, additions,
renovations, replacement, or any other type of residential development
that does not result in a net increase in the number of dwellings
of five or more.
3.
Furthermore, this section shall not apply to developments containing
four or fewer dwelling units. All subdivision and site plan approvals
of qualifying residential developments shall be conditioned upon compliance
with the provisions of this section. Where a developer demolishes
existing dwelling units and builds new dwelling units on the same
site, the provisions of this section shall apply only if the net number
of dwelling units is five or more.
B.
Phasing. Inclusionary developments shall be subject to the following
schedule, except where an alternate phasing schedule has been incorporated
into a development or redevelopment agreement:
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
Maximum Percentage of Market-Rate Units Completed
|
|---|---|
|
0
|
25
|
|
10
|
25 + 1 unit
|
|
50
|
50
|
|
75
|
75
|
|
100
|
90
|
C.
Fractional Units. If 20% of the total number of units in a development
results in a fraction or decimal, the developer shall be required
to provide an additional affordable unit on site. Example: An eight-unit
development requiring an affordable housing set-aside of 1.6 units
is proposed. The developer is required to provide two on-site affordable
units.
D.
Design. In inclusionary developments, to the extent possible, low-
and moderate-income units shall be integrated with the market units.
E.
Off-site construction. The standards for constructing affordable
units off-site shall be in accordance with the Borough's recommendations,
provided that at least the same number of affordable units are provided,
at least half of the affordable units are available to families, and
not more than 25% are age-restricted, and the affordable units provided
are otherwise consistent with the terms of the settlement agreement.
F.
Utilities. Affordable units shall utilize the same type of heating
source as market units within the affordable development.
The following general guidelines apply to all newly constructed
developments that contain low- and moderate-income housing units,
including any currently unanticipated future developments that will
provide low- and moderate-income housing units.
A.
Low/moderate split and bedroom distribution of affordable housing
units.
1.
The fair share obligation shall be divided equally between low- and
moderate-income units, except that where there is an odd number of
affordable housing units, the extra unit shall be a low-income unit.
2.
In each affordable development, at least 50% of the restricted units
within each bedroom distribution shall be low-income units. If there
is only one affordable unit, it must be a low-income unit.
3.
The Borough Housing Element and Fair Share Plan requires that 13%
of all affordable units approved or constructed since July 17, 2008,
in the Borough shall be designated as very-low-income households at
30% of the median income, with at least 50% of all very-low-income
units being available to families. While this requirement applies
to the entirety of the Borough's affordable housing percentage and
it may not be imposed on each project individually, its application
to each project will be evaluated on a case-by-case basis and may
be imposed as a requirement of a newly constructed development.
4.
Affordable developments that are not age-restricted shall be structured
in conjunction with realistic market demands such that:
a.
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
b.
At least 30% of all low- and moderate-income units shall be
two-bedroom units;
c.
At least 20% of all low- and moderate-income units shall be
three-bedroom units; and
d.
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
B.
Accessibility requirements:
1.
The first floor of all restricted townhouse dwelling units and all
restricted units in all other multistory buildings shall be subject
to the technical design standards of the Barrier Free Subcode, N.J.A.C.
5:23-7.
2.
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
a.
An adaptable toilet and bathing facility on the first floor;
b.
An adaptable kitchen on the first floor;
c.
An interior accessible route of travel on the first floor;
d.
An interior accessible route of travel shall not be required
between stories within an individual unit;
e.
An adaptable room that can be used as a bedroom, with a door
or the casing for the installation of a door, on the first floor;
and
f.
An accessible entranceway as set forth at P.L. 2005, c. 350
(N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C.
5:23-7, or evidence that the Borough of Monmouth Beach has collected
funds from the developer sufficient to make 10% of the adaptable entrances
in the development accessible;
(1)
Where a unit has been constructed with an adaptable entrance,
upon the request of a disabled person who is purchasing or will reside
in the dwelling unit, an accessible entrance shall be installed.
(2)
To this end, the builder of restricted units shall deposit funds
within the Borough's Affordable Housing Trust Fund sufficient to install
accessible entrances in 10% of the affordable units that have been
constructed with adaptable entrances.
(3)
The funds deposited under Subsection B, above, shall be used by the Borough of Monmouth Beach for the sole purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
(4)
The developer of the restricted units shall submit a design
plan and cost estimate for the conversion from adaptable to accessible
entrances to the Construction Official of the Borough.
(5)
Once the Construction Official has determined that the design
plan to convert the unit entrances from adaptable to accessible meet
the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and
that the cost estimate of such conversion is reasonable, payment shall
be made to the Borough's affordable housing trust fund where the funds
shall be deposited into the affordable housing trust fund and appropriately
earmarked.
(6)
Full compliance with the foregoing provisions shall not be required
where an entity can demonstrate that it is site impracticable to meet
the requirements. Determinations of site impracticability shall be
in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
C.
Maximum rents and sales prices.
1.
In establishing rents and sales prices of affordable housing units,
the Administrative Agent shall follow the procedures set forth in
UHAC utilizing the regional income limits established by the New Jersey
Department of Community Affairs (DCA) or other agency as required
by the Court.
2.
The maximum rent for restricted rental units within each affordable
development and the average rent for restricted low- and moderate-income
units shall be calculated in accordance with UHAC regulations.
3.
The developers and/or municipal sponsors of restricted rental units
shall establish at least one rent for each bedroom type for both low-income
and moderate-income units.
4.
The maximum sales price of restricted ownership units within each
affordable development shall be calculated in accordance with UHAC
regulations, and each affordable development must achieve an affordability
average which shall be calculated in accordance with UHAC regulations.
Moderate-income ownership units must be available for at least three
different prices for each bedroom type, and low-income ownership units
must be available for at least two different prices for each bedroom
type.
5.
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units other
than assisted-living facilities, the following standards shall be
used:
a.
A studio shall be affordable to a one-person household;
b.
A one-bedroom unit shall be affordable to a one-and-one-half
person household;
c.
A two-bedroom unit shall be affordable to a three-person household;
d.
A three-bedroom unit shall be affordable to a four-and-one-half
person household; and
e.
A four-bedroom unit shall be affordable to a six-person household.
6.
In determining the initial rents for compliance with the affordability
average requirements for restricted units in assisted living facilities,
the following standards shall be used:
7.
The initial purchase price for all restricted ownership units shall
be calculated so that the monthly carrying cost of the unit, including
principal and interest (based on a mortgage loan equal to 95% of the
purchase price and the Federal Reserve H.15 rate of interest), taxes,
homeowner and private mortgage insurance and condominium or homeowner
association fees do not exceed 28% of the eligible monthly income
of the appropriate size household as determined under N.J.A.C. 5:80-26.4,
as may be amended and supplemented; provided, however, that the price
shall be subject to the affordability average requirement of N.J.A.C.
5:80-26.3, as may be amended and supplemented.
8.
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
household size as determined under N.J.A.C. 5:80-26.4, as may be amended
and supplemented; provided, however, that the rent shall be subject
to the affordability average requirement of N.J.A.C. 5:80-26.3, as
may be amended and supplemented.
9.
The price of owner-occupied low- and moderate-income units may increase
annually based on the percentage increase in the regional median income
limit for each housing region. In no event shall the maximum resale
price established by the Administrative Agent be lower than the last
recorded purchase price.
10.
The rent of low- and moderate-income units may be increased
annually based on the percentage increase in the Housing Consumer
Price Index for the United States. This increase shall not exceed
9% in any one year. Rents for units constructed pursuant to low- income
housing tax credit regulations shall be indexed pursuant to the regulations
governing low-income housing tax credits.
11.
Utilities. Tenant-paid utilities that are included in the utility
allowance shall be so stated in the lease and shall be consistent
with the utility allowance approved by DCA for its Section 8 program.
A.
In referring certified households to specific restricted units, to
the extent feasible, and without causing an undue delay in occupying
the unit, the Administrative Agent shall strive to:
B.
Additional provisions related to occupancy standards (if any) shall
be provided in the municipal Operating Manual.
A.
Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each
restricted ownership unit shall remain subject to the requirements
of this article until the Borough of Monmouth Beach elects to release
the unit from such requirements; however, and prior to such an election,
a restricted ownership unit must remain subject to the requirements
of N.J.A.C. 5:80-26.1, as may be amended and supplemented, for at
least 30 years.
B.
The affordability control period for a restricted ownership unit
shall commence on the date the initial certified household takes title
to the unit.
C.
Prior to the issuance of the initial certificate of occupancy for
a restricted ownership unit and upon each successive sale during the
period of restricted ownership, the Administrative Agent shall determine
the restricted price for the unit and shall also determine the nonrestricted,
fair market value of the unit based on either an appraisal or the
unit's equalized assessed value.
D.
At the time of the first sale of the unit, the purchaser shall execute
and deliver to the Administrative Agent a recapture note obligating
the purchaser (as well as the purchaser's heirs, successors and assigns)
to repay, upon the first nonexempt sale after the unit's release from
the requirements of this article, an amount equal to the difference
between the unit's nonrestricted fair market value and its restricted
price, and the recapture note shall be secured by a recapture lien
evidenced by a duly recorded mortgage on the unit.
E.
The affordability controls set forth in this article shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
F.
A restricted ownership unit shall be required to obtain a continuing
certificate of occupancy or a certified statement from the construction
official stating that the unit meets all code standards upon the first
transfer of title that follows the expiration of the applicable minimum
control period provided under N.J.A.C. 5:80-26.5(a), as may be amended
and supplemented.
G.
At the time of the first nonexempt sale following a thirty-year interval
from the date of the issuance of the initial certificate of occupancy,
the Borough shall have the right of first refusal to purchase a restricted
ownership unit at the maximum restricted price in accordance with
UHAC regulations at N.J.A.C. 5:80-26.5, If the Borough does not exercise
its right to purchase the restricted unit, the unit may be sold at
fair market value and the proceeds retained by the owner, subject
to the owner's repayment of the recapture lien to the Borough as defined
in N.J.A.C. 5:80-26.5.
Price restrictions for restricted ownership units shall be in
accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
including:
A.
The initial purchase price for a restricted ownership unit shall
be approved by the Administrative Agent.
B.
The Administrative Agent shall approve all resale prices, in writing
and in advance of the resale, to assure compliance with the foregoing
standards.
C.
The method used to determine the condominium association fee amounts
and special assessments shall be indistinguishable between the low-
and moderate-income unit owners and the market unit owners.
D.
The owners of restricted ownership units may apply to the Administrative
Agent to increase the maximum sales price for the unit on the basis
of capital improvements. Eligible capital improvements shall be those
that render the unit suitable for a larger household or the addition
of a bathroom.
A.
Buyer income eligibility for restricted ownership units shall be
in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median
income and moderate-income ownership units shall be reserved for households
with a gross household income less than 80% of median income.
B.
The Administrative Agent shall certify a household as eligible for
a restricted ownership unit when the household is a low-income household
or a moderate-income household, as applicable to the unit, and the
estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowner association fees, as applicable) does
not exceed 33% of the household's certified monthly income.
A.
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the Administrative Agent shall determine in writing
that the proposed indebtedness complies with the provisions of this
section.
B.
With the exception of original purchase money mortgages, during a
control period neither an owner nor a lender shall at any time cause
or permit the total indebtedness secured by a restricted ownership
unit to exceed 95% of the maximum allowable resale price of that unit,
as such price is determined by the Administrative Agent in accordance
with N.J.A.C. 5:80-26.6(b).
A.
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this article until the Borough of Monmouth Beach elects to release
the unit from such requirements pursuant to action taken in compliance
with N.J.A.C. 5:80-26.1, as may be amended and supplemented, and prior
to such an election, a restricted rental unit must remain subject
to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented,
for at least 30 years.
B.
Deeds of all real property that includes restricted rental units
shall contain deed restriction language. The deed restriction shall
have priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of the County of Ocean. A copy of the filed document shall be provided
to the Administrative Agent within 30 days of the receipt of a certificate
of occupancy.
C.
A restricted rental unit shall remain subject to the affordability
controls of this article despite the occurrence of any of the following
events:
A.
A written lease shall be required for all restricted rental units,
except for units in an assisted living residence, and tenants shall
be responsible for security deposits and the full amount of the rent
as stated on the lease. A copy of the current lease for each restricted
rental unit shall be provided to the Administrative Agent.
B.
No additional fees or charges shall be added to the approved rent
(except, in the case of units in an assisted living residence, to
cover the customary charges for food and services) without the express
written approval of the Administrative Agent.
C.
Application fees (including the charge for any credit check) shall
not exceed 5% of the monthly rent of the applicable restricted unit
and shall be payable to the Administrative Agent to be applied to
the costs of administering the controls applicable to the unit as
set forth in this article.
A.
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13,
as may be amended and supplemented, and shall be determined as follows:
1.
Very-low-income rental units shall be reserved for households with
a gross household income less than or equal to 30% of median income.
2.
Low-income rental units shall be reserved for households with a gross
household income less than or equal to 50% of median income.
3.
Moderate-income rental units shall be reserved for households with
a gross household income less than 80% of median income.
B.
The Administrative Agent shall certify a household as eligible for
a restricted rental unit when the household is a very-low-income,
low-income household or a moderate-income household, as applicable
to the unit, and the rent proposed for the unit does not exceed 35%
(40% for age-restricted units) of the household's eligible monthly
income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended
and supplemented; provided, however, that this limit may be exceeded
if one or more of the following circumstances exists:
1.
The household currently pays more than 35% (40% for households eligible
for age-restricted units) of its gross household income for rent,
and the proposed rent will reduce its housing costs;
2.
The household has consistently paid more than 35% (40% for households
eligible for age-restricted units) of eligible monthly income for
rent in the past and has proven its ability to pay;
3.
The household is currently in substandard or overcrowded living conditions;
4.
The household documents the existence of assets with which the household
proposes to supplement the rent payments; or
5.
The household documents proposed third-party assistance from an outside
source such as a family member in a form acceptable to the Administrative
Agent and the owner of the unit.
C.
The applicant shall file documentation sufficient to establish the
existence of the circumstances in Subsection B1 through 5, above with
the Administrative Agent, who shall counsel the household on budgeting.
A.
Affirmative marketing shall be established and maintained in accordance
with the Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.
B.
The affirmative marketing plan shall be a part of the Fair Share
Plan and shall be referenced by ordinance.
C.
The Borough of Monmouth Beach shall adopt by resolution an affirmative
marketing plan, subject to approval of the Court, compliant with N.J.A.C.
5:80-26.15, as may be amended and supplemented.
D.
The affirmative marketing plan is a regional marketing strategy designed
to attract buyers and/or renters of all majority and minority groups,
regardless of race, creed, color, national origin, ancestry, marital
or familial status, gender, affectional or sexual orientation, disability,
age or number of children, to housing units which are being marketed
by a developer, sponsor or owner of affordable housing. The affirmative
marketing plan is also intended to target those potentially eligible
persons who are least likely to apply for affordable units in that
region. It is a continuing program that directs all marketing activities
toward Housing Region 4 and covers the period of deed restriction.
E.
The affirmative marketing plan shall provide a regional preference
for all households that live and/or work in Housing Region 4.
F.
The Administrative Agent designated by the Borough of Monmouth Beach
shall assure the affirmative marketing of all affordable units consistent
with the affirmative marketing plan for the municipality.
G.
In implementing the affirmative marketing plan, the Administrative
Agent shall provide a list of counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements, and landlord/tenant law.
H.
The affirmative marketing process for available affordable units
shall begin at least four months prior to the expected date of occupancy.
I.
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner,
unless otherwise determined or agreed to by the Borough.
A.
The position of Municipal Housing Liaison (MHL) for the Borough of
Monmouth Beach is established by this article. The Borough shall make
the actual appointment of the MHL by means of a resolution.
1.
The MHL must be either a full-time or part-time employee of Monmouth
Beach.
2.
The person appointed as the MHL must be reported to the Court and
thereafter posted on the Borough's website.
3.
The MHL must meet all the requirements for qualifications, including
initial and periodic training.
4.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Borough
of Monmouth Beach, including the following responsibilities which
may not be contracted out to the Administrative Agent:
a.
Serving as the municipality's primary point of contact for all
inquiries from the state, affordable housing providers, administrative
agents and interested households;
b.
The implementation of the affirmative marketing plan and affordability
controls.
c.
When applicable, supervising any contracting administrative
agent.
d.
Monitoring the status of all restricted units in the Borough's
Fair Share Plan;
e.
Compiling, verifying and submitting annual reports as required;
f.
Coordinating meetings with affordable housing providers and
administrative agents, as applicable; and
g.
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing as offered
or approved by the Affordable Housing Professionals of New Jersey
(AHPNJ).
B.
The Borough of Monmouth Beach shall designate by resolution of the
Borough Committee, subject to the approval of the Court, one or more
Administrative Agents to administer newly constructed affordable units
in accordance with N.J.A.C. 5:91, N.J.A.C. 5:93 and UHAC.
C.
An operating manual shall be provided by the Administrative Agent(s)
and shall be available for public inspection in the Office of the
Municipal Clerk and in the office(s) of the Administrative Agent(s).
D.
Duties and responsibilities of Administrative Agent.
1.
The Administrative Agent shall perform the duties and responsibilities
of an administrative agent as are set forth in UHAC, including those
set forth in N.J.A.C. 5:80-26.14, 16 and 18 thereof, which includes;
a.
Attending continuing education opportunities on affordability
controls, compliance monitoring, and affirmative marketing as offered
or approved by the Affordable Housing Professionals of New Jersey
(AHPNJ);
b.
Affirmative marketing;
c.
Household certification;
d.
Affordability controls;
e.
Records retention;
f.
Resale and re-rental;
g.
Processing requests from unit owners; and
h.
Enforcement, though the ultimate responsibility for retaining
controls on the units rests with the municipality.
2.
The Administrative Agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
E.
The Administrative Agent shall also implement the rehabilitation
program, affordability assistance program, and any other affordable
housing programs required within the spending plan and adopted Housing
Plan Element and Fair Share Plan.
A.
Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an owner, developer or tenant, the municipality
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, municipal fines, a requirement
for household recertification, acceleration of all sums due under
a mortgage, recoupment of any funds from a sale in the violation of
the regulations, injunctive relief to prevent further violation of
the regulations, entry on the premises, and specific performance.
B.
After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
1.
The municipality may file a court action pursuant to N.J.S.A. 2A:58-11
alleging a violation or violations of the regulations governing the
affordable housing unit. If the owner, developer or tenant is found
by the court to have violated any provision of the regulations governing
affordable housing units, the owner, developer or tenant shall be
subject to one or more of the following penalties, at the discretion
of the court:
a.
A fine of not more than $10,000 or imprisonment for a period
not to exceed 90 days, or both. Each and every day that the violation
continues or exists shall be considered a separate and specific violation
of these provisions and not as a continuing offense;
b.
In the case of an owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment into the Borough of Monmouth Beach Affordable Housing
Trust Fund of the gross amount of rent illegally collected;
c.
In the case of an owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment of an innocent tenant's reasonable relocation costs,
as determined by the court.
2.
The municipality may file a court action in the Superior Court seeking
a judgment, which would result in the termination of the owner's equity
or other interest in the unit in the nature of a mortgage foreclosure.
Any judgment shall be enforceable as if the same were a judgment of
default of the first purchase money mortgage and shall constitute
a lien against the low- and moderate-income unit.
C.
Such judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any first purchase money mortgage and prior liens and
the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating owner shall have the right
to possession terminated as well as the title conveyed pursuant to
the Sheriff's sale.
D.
The proceeds of the Sheriff's sale shall first be applied to satisfy
the first purchase money mortgage lien and any prior liens upon the
low- and moderate-income unit. The excess, if any, shall be applied
to reimburse the municipality for any and all costs and expenses incurred
in connection with either the court action resulting in the judgment
of violation or the Sheriff's sale. In the event that the proceeds
from the Sheriff's sale are insufficient to reimburse the municipality
in full as aforesaid, the violating owner shall be personally responsible
for and to the extent of such deficiency, in addition to any and all
costs incurred by the municipality in connection with collecting such
deficiency. In the event that a surplus remains after satisfying all
of the above, such surplus, if any, shall be placed in escrow by the
municipality for the owner and shall be held in such escrow for a
maximum period of two years or until such earlier time as the owner
shall make a claim with the municipality for such. Failure of the
owner to claim such balance within the two-year period shall automatically
result in a forfeiture of such balance to the municipality. Any interest
accrued or earned on such balance while being held in escrow shall
belong to and shall be paid to the municipality, whether such balance
shall be paid to the owner or forfeited to the municipality.
E.
Foreclosure by the municipality due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the Sheriff's sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the Sheriff's sale shall not be entitled to any right of redemption.
F.
If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the first purchase money mortgage and any
prior liens, the municipality may acquire title to the low- and moderate-income
unit by satisfying the first purchase money mortgage and any prior
liens and crediting the violating owner with an amount equal to the
difference between the first purchase money mortgage and any prior
liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the low- and moderate-income
unit could have been sold under the terms of the regulations governing
affordable housing units. This excess shall be treated in the same
manner as the excess which would have been realized from an actual
sale as previously described.
G.
Failure of the low- and moderate-income unit to be either sold at
the Sheriff's sale or acquired by the municipality shall obligate
the owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the municipality, with such
offer to purchase being equal to the maximum resale price of the low-
and moderate-income unit as permitted by the regulations governing
affordable housing units.
H.
The owner shall remain fully obligated, responsible and liable for
complying with the terms and restrictions governing affordable housing
units until such time as title is conveyed from the owner.
A.
Purpose. The purpose of the mandatory affordable housing development
fee regulations is to provide revenues with which to fund rehabilitation
of housing units in Monmouth Beach occupied by low- and moderate-income
households, to construct housing for low- and moderate-income families
in the Borough and/or to fund other programs for low- and moderate-income
housing in order for the Borough of Monmouth Beach to meets its responsibility
for providing affordable housing pursuant to Mount Laurel II and the
Fair Housing Act. The funds collected pursuant to this subsection
shall be used exclusively for the production of low-and moderate-income
housing and to offset municipal expenses in developing and administering
the program(s) under which low-and moderate-income housing shall be
produced to meet the fair share need to the Borough. No funds shall
be expended except as permitted by N.J.A.C. 5:93-8.15 or other approval
of the Court. The purpose of these provisions is to establish standards
for the collection, maintenance and expenditure of development fees
pursuant to COAH's rules as interpreted by the Court. This section
shall be interpreted within the framework of COAH's rules on development
fees as interpreted by the Court.
B.
Affordable housing development fees collected shall be used for the
sole purpose of providing low- and moderate-income housing. In Holmdel
Builder's Assn. v. Holmdel Borough, 121 N.J. 550 (1990), the New Jersey
Supreme Court determined that mandatory development fees are authorized
by the Fair Housing Act of 1985, N.J.S.A. 52:27D-301 et seq., and
the State Constitution subject to the New Jersey Council on Affordable
Housing development rules as interpreted by the Court.
C.
Affordable housing development fees shall be paid by all developers
other than developers of exempt developments and affordable inclusionary
housing developments and shall consist of monies paid by an individual,
person, partnership, association, company or corporation for the improvement
of property as permitted in COAH's rules as interpreted by the Court.
D.
Fees based on equalized assessed value. Fees shall
be based on the equalized assessed value which shall be the value
of a property determined by the Borough Tax Assessor through a process
designed to ensure that all property in the Borough is assessed at
the same assessment ratio or ratios required by law. Estimates at
the time of building permit may be obtained by the Tax Assessor utilizing
estimates for construction cost. Final equalized assessed value will
be determined at project completion by the Borough Tax Assessor.
1.
Residential development.
a.
Residential fees. Within applicable residential
zoning districts of the Borough of Monmouth Beach, developers shall
pay a development fee of 1.5% of the equalized assessed value of any
residential development provided no increase in density is permitted.
b.
Fee for "d" variance. If a variance is granted
pursuant to N.J.S.A. 40:55D-70d ("d" variance) then the additional
residential units realized (above what is permitted by right under
the existing zoning) will incur a bonus development fee of 6.0% rather
than the development fee of 1.5%. However, if the zoning on a site
has changed during the two-year period, the base density for the purposes
of calculating the bonus development fee shall be the highest density
permitted by right during the two years preceding the filing of the
"d" variance application.
2.
Nonresidential fees.
a.
Within applicable zoning districts of the Borough
of Monmouth Beach, developers shall pay a fee of 2.5% of equalized
assessed value for nonresidential development.
b.
If a "d" variance is granted, then the additional
floor area ratio (FAR) realized (above what is permitted by right
under the existing zoning) will incur a bonus development fee of 6.0%
rather than the development fee of 2.5%. However, if the rezoning
on a site has changed during the two-year period, the base FAR for
the purposes of calculating the bonus development fees shall be the
highest permitted by right during the two years preceding the filing
of the "d" variance application.
E.
Eligible exaction, ineligible exaction and exemptions.
1.
Development fees may be collected for the following
types of development:
a.
New and existing commercial, office, industrial
or other nonresidential structure that is expanded or undergoes a
more intense use. The development fee that may be collected shall
be calculated on the increase in the equalized assessed value of the
improved structure.
b.
New residential structures and conversions of
existing residential structures to increase the number of housing
units within the structure.
2.
The Borough shall not reduce densities from pre-existing
levels and then require developers to pay development fees in exchange
for an increased density.
3.
Developments that have received preliminary or final
approval prior to the imposition of a development fee shall be exempt
from development fees unless the developer seeks a substantial change
in the approval.
4.
Developers that convert any portion of an existing
residential structure to a nonresidential use shall pay a development
fee. The development fee shall be based on the increase in the equalized
assessed value of the converted structure.
5.
The Borough exempts the following types of development
from the imposition of development fees:
a.
Nonprofit organizations which have received
tax exempt status pursuant to Section 501(c)(3) of the Internal Revenue
Code, providing current evidence of that status is submitted to the
Borough Clerk, together with a certification that services of the
organization are provided at reduced rates to those who establish
an inability to pay existing charges.
b.
Federal, State, County and local governments.
c.
Public utilities under the jurisdiction of the
New Jersey Board of Public Utilities to the extent that the construction
for which approval is sought is of a facility which shall house equipment
only and not to be occupied by any employees.
d.
Developers of low and moderate income housing
units provided that the required minimum percentage of residential
units in the development are affordable units in accordance with applicable
COAH regulations establishing minimum set-asides for low and moderate
sales and rental housing.
e.
Where affordable housing units are required
to be constructed and where the developer has been authorized to pay
a development fee in lieu of building the affordable housing units,
developers shall pay a fee equal to the cost of subsidizing the affordable
housing units that are not built.
f.
Public uses.
g.
Public uses including public educational and
cultural facilities and outdoor and indoor recreational facilities.
h.
Residential and nonresidential construction
permits. A residential construction permit which involves construction
costs of $50,000 or less and nonresidential construction permits which
involve construction costs of $20,000 or less shall be exempt from
paying development fees.
i.
New residential construction to replace a residential structure
destroyed by natural hazards, provided that said construction does
not increase the floor area or density of the previously existing
structure. If an increase in floor area or density is proposed, development
fees shall be calculated in accordance with § 30-10.16D(1)
above.
j.
Exemptions as listed in N.J.S.A. 40:55D-8.4.
The Borough shall use revenues collected in the affordable housing
trust fund in accordance with N.J.A.C. 5:93-8.16.
The Borough shall submit a monitoring report to the Court as
set forth in its settlement agreement with Fair Share Housing Center.
The Borough shall submit to the Court a spending plan for the
development fees collected by it prior to the expiration of its judgment
of compliance. Plans to spend development fees shall consist of the
following information:
A.
A projection of revenues anticipated from imposing
fees on development, based on historic activity;
B.
A description of the administrative mechanism that
the Borough will use to collect and distribute revenues;
C.
A description of the anticipated use of all development
fees pursuant to N.J.A.C. 5:93-8.16;
D.
A schedule for the expenditure of all development
fees and payments in lieu of constructing affordable housing units
on site;
E.
A schedule for the creation or rehabilitation of housing
units;
F.
In the event the Borough envisions being responsible
for public sector or nonprofit construction of housing, a pro-forma
statement of the anticipated costs and revenues associated with the
development; and
G.
The manner through which the Borough will address
any expected or unexpected shortfall if the anticipated revenues from
development fees are not sufficient to implement the plan.
A.
Purpose. The purpose of the Affordable Housing Overlay Zone is to
provide an opportunity to develop affordable housing to meet present
and prospective housing needs, with particular attention to low- and
moderate-income housing, in conformance with the requirements of the
Uniform Housing Affordability Controls (UHAC, N.J.A.C. 5:80-26.1 et
seq.) and applicable rules governing the development of affordable
housing as established by the Court or other appropriate entity. The
sites herein are included in the Housing Element and Fair Share Plan
of the Borough of Monmouth Beach and are intended to address the Borough's
fair share obligation. Permitted and conditional uses within the designated
overlay zone shall include all permitted and conditional uses in the
underlying zoning district in which the overlay zone is located. In
addition, this overlay zone establishes mixed-use affordable housing
development as a permitted use in accordance with the provisions of
this section.
B.
The following parcels or tracts are designated as part of the Affordable
Housing Overlay Zone:
|
Block
|
Lots
|
Location
|
|---|---|---|
|
26
|
32.01-32.07
|
27 Beach Road
|
|
33
|
29 Beach Road
| |
|
27
|
19
|
37 Beach Road
|
|
20.01
|
35 Beach Road
| |
|
21.01
|
33 Beach Road
| |
|
45
|
26
|
2 Willow Avenue
|
|
29
|
30 Beach Road
| |
|
30
|
32 Beach Road
| |
|
31
|
34 Beach Road
| |
|
32
|
36 Beach Road
| |
|
33
|
73 Riverdale Avenue
| |
|
34
|
69 Riverdale Avenue
| |
|
35
|
65 Riverdale Avenue
| |
|
36
|
63 Riverdale Avenue
| |
|
37
|
Riverdale Avenue
| |
|
38
|
59 Riverdale Avenue
|
C.
Principal permitted uses.
1.
All uses permitted within the zoning district in which the overlay
zone is located.
2.
Inclusionary affordable housing development for sale or rental housing
as part of a mixed-use development containing ground floor commercial
space. Residential use is not permitted on the ground floor. The bedroom
mix of affordable units shall be subject to the required bedroom mix
of the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1
et seq. (UHAC). A minimum of one affordable housing unit shall be
required to be located within any mixed-use commercial/residential
development.
D.
Permitted accessory uses.
E.
Area. yard and building requirements. The requirements for mixed-use
inclusionary development in the Affordable Housing Overlay Zone shall
be as follows:
1.
Minimum lot area: 9,000 square feet.
2.
Minimum lot width: 100 feet.
3.
Minimum lot depth: 100 feet.
4.
Minimum front setback: 25 feet, except that no building shall be
nearer the street than the average alignment of existing buildings
within 200 feet of each side of the lot and within the same block.
5.
Minimum rear setback: 30 feet.
6.
Minimum side setback: 10 feet.
8.
Maximum building height: three stories/35 feet.
9.
Maximum accessory building height: 18 feet, but not more than one
story.
F.
Off-street parking shall be required in accordance with Section 30-8.21. No parking is permitted in the front yard area.
G.
Affordable housing requirements. All affordable housing developments
shall provide a minimum of 20% affordable housing units for low- and
moderate-income households in for-sale developments, and a minimum
of 15% affordable housing units for low- and moderate-income households
in rental developments, in conformance with the requirements of the
Uniform Housing Affordability Controls (UHAC, N.J.A.C. 5:80-26.1 et
seq.), with the exception that in lieu of 10% of affordable units
in rental projects being required to be at 35% of median income, 13%
of affordable units in such projects shall be required to be at 30%
of median income, and all other applicable law including but not limited
to phasing requirements contained in N.J.A.C. 5:93.
H.
In every mixed-use building, each market rate residential unit shall
adhere to the following minimum floor area requirements: one-bedroom
apartments shall be a minimum of 850 square feet. Each additional
bedroom shall have a minimum floor area of 150 square feet.
I.
Every residential unit shall be so designed that each apartment within
the building shall be provided with not less than two exterior exposures
for each dwelling unit, the same being properly pierced by windows
in order to provide either through or corner ventilation.
