This chapter sets forth requirements for the low- and moderate-income
housing units in the Borough consistent with the provisions known
as the "Substantive Rules of the New Jersey Council on Affordable
Housing for the period beginning December 20, 2004," N.J.A.C. 5:94
et seq.; the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1
et seq.; and the Borough's constitutional obligation to provide a
fair share of affordable housing for low- and moderate-income households.
These regulations are also intended to provide assurances that low-
and moderate-income units (the "affordable units") are created with
controls on affordability over time and that low- and moderate-income
people occupy these units. These requirements shall apply except where
inconsistent with applicable law.
Except for affordable housing developments constructed pursuant
to low-income tax credit regulations:
A. At least half of the "for sale" affordable units within each affordable
housing development shall be affordable to low-income households.
B. At least half of the "rental" affordable units within each affordable
housing development shall be affordable to low-income households.
C. At least half of the affordable units in each bedroom distribution
within each affordable housing development shall be affordable to
low-income households.
Median income by household size shall be established using a
regional weighted average of the uncapped Section 8 income limits
published by HUD computed as set forth in N.J.A.C. 5:94-7.2.
If an affordable housing unit is part of a condominium association
or homeowners' association, the master deed shall reflect that the
assessed affordable homeowner's 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 reoccupancy
shall be required in accordance with N.J.A.C. 5:80-26.10.
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 Low- and Moderate-Income Units Completed
|
Percentage of Market Housing Units
|
---|
0
|
25%
|
10
|
25% plus 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.
Any new construction for which an application for a construction
permit has not been declared complete before October 1, 2006 (the
effective date of N.J.S.A. 52:27D-123.15) and for which affordable
housing credit is sought after that date must be constructed in compliance
with the technical design standards of the barrier-free subcode of
the State Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.).
In buildings without elevator service, only ground-floor dwelling
units must be so constructed in order to be eligible for COAH credit.
Notwithstanding the exemption for townhouse dwelling units in the
barrier-free subcode, the first floor of all townhouse dwelling units
and of all other multistory dwelling units for which affordable housing
credit is sought on or after the above-referenced date and for which
an application for a construction permit has not been declared complete
must be subject to the technical design standards of the barrier-free
subcode and must include the following features:
A. An adaptable entrance to the dwelling unit;
B. An adaptable full-service bathroom on the first floor;
C. An adaptable kitchen on the first floor;
D. An accessible interior route of travel; and
E. An adaptable room with a door or a casing where a door can be installed
which may be used as a bedroom on the first floor.