The following terms when used in this chapter shall have the
meanings given in this section. Terms not defined in this section
shall have the meanings, if any, provided in N.J.A.C. 5:96 and N.J.A.C.
5:97.
ACT
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
ADAPTABLE
Constructed in compliance with the technical design standards
of the Barrier Free Sub-code, N.J.A.C. 5:23-7.
ADMINISTRATIVE AGENT
The entity responsible for the administration of affordable
units in accordance with this Ordinance, N.J.A.C. 5:96, N.J.A.C. 5:97
and N.J.A.C. 5:80-26.1 et seq.
AFFIRMATIVE MARKETING
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
AFFORDABILITY AVERAGE
The average percentage of medium income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
AFFORDABLE
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.
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100 percent affordable development.
AFFORDABLE HOUSING PROGRAM(S)
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
AFFORDABLE UNIT
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.
AGENCY
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, C. 530 (N.J.S.A. 55:14K-1, et seq.)
AGE-RESTRICTED UNIT
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 percent 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.
ASSISTED LIVING RESIDENCE
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.
CERTIFIED HOUSEHOLD
A household that has been certified by an Administrative
Agent as a low-income household or moderate-income household.
COAH OR COUNCIL
The Council on Affordable Housing 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.
DEFICIENT HOUSING UNIT
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.
DEVELOPER
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 term "developer" shall be deemed
to include a redeveloper under the Local Housing and Redevelopment
Law, N.J.S.A. 40A:12A-1, et seq.
DEVELOPMENT FEE
Money paid to the Borough by a developer for the improvement
of properties as permitted in N.J.A.C. 5:97-8.3.
EQUALIZED ASSESSED VALUE
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 §§ 1,5,
and 6 of P.L. 1973, C. 123 (N.J.S.A. 54:1-35a through c).
INCLUSIONARY DEVELOPMENT
A development containing both affordable units and market
rate units. This term includes, but is not necessarily limited to:
new construction, the conversion of a non-residential structure to
residential and the creation of new affordable units through the reconstruction
of a vacant residential structure.
LOW-INCOME HOUSEHOLD
A household with total gross annual household income equal
to 50 percent or less of the median household income.
LOW-INCOME UNIT
A restricted unit that is affordable to a low-income household.
MAJOR SYSTEM
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.
MARKET-RATE UNITS
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
MEDIAN INCOME
The median income by household size for the applicable county,
as adopted annually by the Department.
MODERATE-INCOME HOUSEHOLD
A household with a total gross annual household income in
excess of 50 percent but less than 80 percent of the median household
income.
REGIONAL ASSET LIMIT
The maximum housing value, in each housing region, affordable
to a four-person household with an income at 80 percent of the regional
median as defined by the Council's adopted Regional Income Limits
as published annually by the Council.
REHABILITATION
The repair, renovation, alteration, weatherization or reconstruction
of any building or structure, pursuant to the Rehabilitation Subcode,
N.J.A.C. 5:23-6.
RENT
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.
RESTRICTED UNIT
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.
UHAC
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1, et seq.
VERY LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal
to 30 percent or less of the median household income.
WEATHERIZATION
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 has determined that every residential development
in excess of two (2) units shall provide for affordable housing as
set forth in this chapter.
All affordable housing units shall otherwise comply with the
standards and requirements governing affordability controls, pricing,
bedroom distribution, age restrictions, affirmative marketing, prices
and rents, and unit selection, together with all related requirements
as set forth in Section § 410-62, Affordable Housing Standards.
Where there is a site-specific fully-executed development or
redevelopment agreement to provide for affordable housing as part
of a project which has received approval from the Borough's municipal
land use boards, which predates the effective date of this chapter,
the terms and conditions of that agreement shall govern the provision
of affordable housing for that project notwithstanding any requirement
of this chapter to the contrary. (Editor's Note: This chapter was
adopted May 9, 2016 as Ord. No. 2016-9.)
This chapter shall be subject to amendment or repeal without
any further action by the Borough to the extent it is, in whole or
in part, inconsistent with any ruling issued by any court, valid regulations
issued by any agency with jurisdiction or any legislative enactment.