[Adopted 12-18-2019 by Ord. No. 19-17]
The following terms, when used in
this section, shall have the meanings given in this subsection:
ACCESSORY APARTMENT
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.
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 Subcode, N.J.A.C. 5:23-7.
ADMINISTRATIVE AGENT
The entity responsible for the administration of affordable
units in accordance with this section.
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 median 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. 5:93-7.4.
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% 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 and/or
funded through an affordable housing trust fund.
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:
a.
All the residents of the development
where the unit is situated are 62 years or older; or
b.
At least 80% of the units are occupied
by one person that is 55 years or older; or
c.
The development has been designated
by the Secretary of the U.S. Department of Housing and Urban Development,
the court, COAH, or a successor entity as "housing for older persons"
as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C.
§ 3607.
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.).
ASSISTED LIVING RESIDENCE
A facility licensed by the New Jersey Division 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.
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.
DEVELOPMENT
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.
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 nonresidential structure to residential,
and the creation of new affordable units through the reconstruction
of a vacant residential structure.
LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal
to 50% 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 court, COAH, or a successor entity.
MODERATE-INCOME HOUSEHOLD
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
NONEXEMPT SALE
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.
RANDOM SELECTION PROCESS
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).
REGIONAL ASSET LIMIT
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 court, COAH, or a successor entity or adopted regional
income limits published annually by the court, COAH, or a successor
entity.
REHABILITATION
The repair, renovation, alteration 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% 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.
Woodland Park has determined that
it will use the following mechanisms to satisfy its affordable housing
obligations:
a. A rehabilitation program.
1. Woodland Park's rehabilitation program
shall be designed to renovate deficient housing units occupied by
low- and moderate-income households such that, after rehabilitation,
these units will comply with the New Jersey State Housing Code pursuant
to N.J.A.C. 5:28.
2. Both owner-occupied and renter-occupied
units shall be eligible for rehabilitation funds.
3. All rehabilitated units shall remain affordable
to low- and moderate-income households for a period of 10 years (the
control period). For owner-occupied units, the control period will
be enforced with a lien; and for renter-occupied units, the control
period will be enforced with a deed restriction.
4. Woodland Park shall dedicate a minimum
of $10,000 for each unit to be rehabilitated through this program,
reflecting the minimum hard cost of rehabilitation for each unit.
5. Woodland Park shall adopt a resolution
committing to fund any shortfall in the rehabilitation programs for
the Borough.
6. Woodland Park shall designate, subject
to the approval of the court, COAH, or a successor entity, one or
more administrative agents to administer the rehabilitation program
in accordance with N.J.A.C. 5:93. The administrative agent(s) shall
provide a rehabilitation manual for the owner-occupancy rehabilitation
program and a rehabilitation manual for the rental-occupancy rehabilitation
program, to be adopted by resolution of the governing body and subject
to approval of the court, COAH, or a successor entity. Both rehabilitation
manuals shall be available for public inspection in the office of
the Municipal Clerk and in the office(s) of the administrative agent(s).
7. Units in a rehabilitation program shall
be exempt from uniform housing affordability controls (UHAC) but shall
be administered in accordance with the following:
(a)
If a unit is vacant, upon initial
rental subsequent to rehabilitation, or if a renter-occupied unit
is rerented prior to the end of controls on affordability, the deed
restriction shall require the unit to be rented to a low- or moderate-income
household at an affordable rent and affirmatively marketed pursuant
to N.J.A.C. 5:93 and UHAC.
(b)
If a unit is renter-occupied, upon
completion of the rehabilitation, the maximum rate of rent shall be
the lesser of the current rent or the maximum permitted rent pursuant
to N.J.A.C. 5:93 and UHAC.
(c)
Rents in rehabilitated units may
increase annually based on the standards in N.J.A.C. 5:93.
(d)
Applicant and/or tenant households
shall be certified as income-eligible in accordance with N.J.A.C.
5:93 and UHAC, except that households in owner occupied units shall
be exempt from the regional asset limit.
b. Alternative living arrangements.
1. Alternative living arrangements may be
used to address a municipal housing obligation by entering into an
agreement for the location of such a facility with the provider of
the facility or by granting preliminary approval to a developer of
an alternative living arrangement.
2. The unit of credit for an alternative living
arrangement shall be the bedroom.
3. Alternative living arrangements that are
age-restricted shall be included with the 25% that may be age-restricted
pursuant to N.J.A.C. 5:93-5.14.
4. Controls on affordability on alternative
living arrangements shall remain in effect for at least 10 years.
To be eligible for a rental bonus (pursuant to N.J.A.C. 5:93-5.15), controls on affordability shall remain in effect for
at least 30 years.
5. Transitional facilities for the homeless
shall not be dormitories and shall have separate bedrooms; those that
do not shall have one year to complete the necessary rehabilitation
to create separate bedrooms.
6. Alternative living arrangements shall be subject to Subsection
34-1.7, Affirmative Marketing Provisions.
7. In establishing rents and sales prices
of affordable housing units, the administrative agent shall follow
the procedures set forth in UHAC and utilize the regional income limits
established by the court, COAH, or a successor entity.
8. The service provider shall act as the administrative
agent for alternative living arrangements.
9. Administration of such units shall be in
accordance with N.J.A.C. 5:93 and UHAC, with the exception of affordability averages
and bedroom distributions (N.J.A.C. 5:80-26.3) and affirmative marketing
(N.J.A.C. 5:80-26.15), provided that the units or bedrooms may be
affirmatively marketed by the provider in accordance with an alternative
plan provided by the court.
Any applications for residential
development by way of use variance or rezoning resulting in five units
or more shall provide a minimum affordable housing set-aside of 15%
for rental units and 20% for for-sale units. For any fraction thereof,
the developer will multiply that fraction by $200,000 to be contributed
to the Borough's Affordable Housing Trust Fund.
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.
3. 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.
4. Affordable developments that are age-restricted
shall be structured such that the number of bedrooms shall equal the
number of age-restricted low- and moderate-income units within the
inclusionary development. The standard may be met by having all one-bedroom
units or by having a two-bedroom unit for each efficiency unit.
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 Woodland Park
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 of Woodland Park'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
b2(f)(2) above shall be used by Woodland Park 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
Woodland Park.
(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 in care of the Municipal Treasurer, who shall ensure that
the funds are 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 and utilize the regional income limits
established by the court, COAH, or a successor entity.
2. The maximum rent for restricted rental
units within each affordable development shall be affordable to households
earning no more than 60% of median income, and the average rent for
restricted low- and moderate-income units shall be affordable to households
earning no more than 52% of median income.
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.
(a)
At least 13% of all low- and moderate-income
rental units within each bedroom distribution shall be affordable
to very-low-income households, i.e., households earning 30% or less
of the median income.
4. The maximum sales price of restricted ownership
units within each affordable development shall be affordable to households
earning no more than 70% of median income, and each affordable development
must achieve an affordability average of 55% for restricted ownership
units; in achieving this affordability average, 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:
(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; and
(c)
A two-bedroom unit shall be affordable
to a two-person household or to two one-person households.
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, homeowners' and private mortgage insurance,
and condominium or homeowners' association fees, does 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.
The following general guidelines
apply to all developments that contain low- and moderate-income housing
units, including any currently unanticipated future developments that
will provide low- and moderate-income housing units.
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.
Appeals from all decisions of an
administrative agent designated pursuant to this section shall be
filed in writing with the court, COAH, or a successor entity, whomever
has jurisdiction.
[Adopted 12-18-2019 by Ord. No. 19-18]
The following terms, as used in this
section, shall have the following meanings:
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% affordable development.
DEVELOPER
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.
DEVELOPMENT FEE
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:93-8.10 through 5:93-8.11.
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 Sections 1,
5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
GREEN BUILDING STRATEGIES
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.