The following terms, as used in this chapter, shall have the
following meanings:
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.
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 chapter, the Fair Housing Act, and its
implementing regulations, and UHAC, whether the Municipal Housing
Liaison or the project-specific developer, sponsor or owner, as the
case may be.
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 affirmative marketing plan adopted by the Borough Council
of the Borough of Clayton and amended on January 26, 2017, by way
of Resolution No. 41-17, as may hereafter be amended and supplemented.
The average percentage of median income at which restricted
units in an affordable housing development are affordable to very-low-income
households, low-income households and moderate-income households.
A residential dwelling unit that qualifies as very-low-income
housing, low-income housing, and/or moderate-income housing as those
terms are defined in N.J.S.A. 52:27D-304 of the Fair Housing Act.
A residential development, an inclusionary development or
a mixed-use development in which at least 15% of the residential units
are affordable housing units, or any development identified in the
Housing Element and Fair Share Plan as satisfying the Borough's affordable
housing obligations.
Any mechanism identified in the Housing Element Fair Share Plan addressing the Borough's fair share obligation, the expenditure of any funds pursuant to the Borough's spending plan and the collection of nonresidential development fees and residential development fees by the Borough in accordance with this Chapter 31A.
The fund identified in § 31A-4A.
A unit of affordable housing which complies with the requirements
of the Fair Housing Act, all applicable federal, state, and local
government laws, ordinances, rules, and regulations applicable to
affordable housing, including, but not limited to, the affirmative
marketing requirements set forth in N.J.A.C. 5:80-22 and the affordability
controls set forth in UHAC.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
as evidenced by any one or more of the following:
All the residents of the development where the unit is situated
are 62 years or older;
At least 80% of the units are occupied by one person that is
55 years or older; or
The development has been designated by the Secretary of the
United States 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.
A facility licensed by the New Jersey Department of Health
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 very-low-income household, low-income household or moderate-income
household.
The New Jersey Council on Affordable Housing established
under the Fair Housing Act pursuant to N.J.S.A. 54:27D-301 et seq.
and which was abolished pursuant to the Reorganization Plan No. 001-2011
adopted by Governor Chris Christy June 29, 2011. Pursuant to Reorganization
Plan No. 001-2011, all functions of COAH have been transferred to
the Commissioner of the DCA.
The qualified person appointed by the Borough of Clayton
pursuant to the State Uniform Construction Code Act[1] and the regulations promulgated thereunder who is responsible
for the enforcement and administration of the Uniform Construction
Code and related regulations within the Borough of Clayton.
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 legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Residential development, inclusionary development, nonresidential
development or mixed-use development.
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with Sections 1,
5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.), as may be amended or supplemented.
The document known as "Form N-RDF, State of New Jersey Non-Residential
Development Certification/Exemption."
Those strategies that minimize the impact of development
on the environment and enhance the health, safety and well-being of
residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
The portion of the Borough of Clayton's Master Plan entitled
"Housing Element and Fair Share Plan" which is adopted by the Borough
of Clayton Planning Board, as the same may be amended or supplemented.
The geographic area determined pursuant to the Fair Housing
Act and its implementing regulations, which consists of the Counties
of Burlington, Camden and Gloucester.
The United States Department of Housing and Urban Development.
A development containing both affordable housing units and
market-rate units. 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 housing units through
the reconstruction of a vacant residential structure.
A judgment of compliance, a judgment of repose or a judgment
of compliance and repose entered by any court of competent jurisdiction,
which is the equivalent to substantive certification from the DCA
acting on behalf of COAH under the Fair Housing Act.
A household with a total gross annual household income equal
to 50% or less of the median household income.
An affordable housing 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 very-low-income households, low-income
households and/or 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 DCA acting on behalf of COAH, or when no medial
income has been adopted by DCA for a given year, median income by
household size will be established by a regional weighted average
of the uncapped Section 8 income limits published by HUD.
Mixed-use development as the term is defined in N.J.S.A.
40:55D-8.3 of the Statewide Non-Residential Development Fee Act.[2]
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
An affordable housing unit that is affordable to a moderate-income
household.
The employee charged by the governing body with the responsibility
for oversight and administration of the affordable housing program
for the Borough of Clayton.
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.
Nonresidential development as the term is defined in N.J.S.A.
40:55D-8.3 of the Statewide Non-Residential Development Fee Act.
Money paid by a developer for the development of property
pursuant to the Statewide Non-Residential Development Fee Act, N.J.S.A.
40:55D-8.1 et seq.
A process by which currently 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 Housing Region 5 affordable
to a four-person household with an income at 80% of the annual regional
median income.
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 facilities, rent does
not include charges for food and services.
Any building or structure, or portion thereof, including,
but not limited to, any appurtenant improvements, which is: 1) designated
to a residential use group according to the State Uniform Construction
Code promulgated to effectuate the State Uniform Construction Code
Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), including any
subsequent amendments or revisions thereto; or 2) designated as Class
2 or Class 4C pursuant to the New Jersey taxation property classifications
set forth in N.J.A.C. 18:12-2.2, as may hereafter be amended and/or
supplemented.
Money paid by a developer for the development of property pursuant to this Chapter 31A for residential development.
The official form adopted by the Borough of Clayton by way of resolution, as may be amended from time to time, which shall be used for determining the residential development fee required for all residential development and the residential portion of any mixed-use development pursuant to this Chapter 31A.
A dwelling unit, whether a rental unit or for-sale 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 the Urban Home Ownership Recovery Program (UHORP)
or Market-Oriented Neighborhood Investment Program (MONI).
The plan to spend funds deposited into the Borough of Clayton's
Affordable Housing Trust Fund, prepared by the Borough of Clayton
and approved by the DCA on behalf of COAH or by a court of competent
jurisdiction.
Statewide Non-Residential Development Fee Act, N.J.S.A. 40:55D-8.1
et seq., as the same may be amended and supplemented.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq., as may be amended or supplemented.
A household with a total gross annual household income equal
to 30% or less of the median household income.
An affordable housing 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.
