[Ord. #O-11-21]
The purpose of this Chapter of the Borough Code is to set forth
regulations and fees regarding the low- and moderate-income housing
units in the Borough consistent with the following provisions:
a. Rules of the New Jersey Council on Affordable Housing, N.J.A.C. 5:96
and 5:97 et seq.
b. Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq.
c. P.L. 2008, c. 46 section 8 (C. 52:27D-329.2) and the Statewide Non-Residential
Development Fee Act (C. 40:55D-8.1 through 8.7).
d. 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 households occupy these units. These regulations shall apply
except where inconsistent with applicable law.
[Ord. #O-11-21]
The following terms when used in this Chapter shall have the
meanings given in this section:
ACT
Shall mean the Fair Housing Act of 1985, P.L. 1985, c. 222
(N.J.S.A. 52:27D-301 et seq.).
ADAPTABLE
Shall mean constructed in compliance with the technical design
standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
ADMINISTRATIVE AGENT
Shall mean the entity responsible for the administration
of affordable units in accordance with this section, N.J.A.C. 5:96,
N.J.A.C. 5:97 and UHAC (N.J.A.C. 5:80-26).
AFFIRMATIVE MARKETING
Shall mean 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
Shall mean the average percentage of median income at which
new restricted units in an affordable housing development are affordable
to low- and moderate-income households.
AFFORDABLE
Shall mean, a sales price or rent level that is within the
means of a low- or moderate-income household as defined in N.J.A.C.
5:97-9 and 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 DEVELOPMENT
Shall mean a housing development of which all or a portion
consists of restricted units.
AFFORDABLE HOUSING DEVELOPMENT
Shall mean 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
housing development.
AFFORDABLE HOUSING PROGRAM(S)
Shall mean any mechanism in a municipal Fair Share Plan prepared
or implemented to address a municipality's fair share obligation.
AFFORDABLE UNIT
Shall mean 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
Shall mean 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
Shall mean 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 of age or older; or 2) at
least 80% of the units are occupied by one person that is 55 years
of age 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
Shall mean a facility that is 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
Shall mean a household that has been certified by an Administrative
Agent as a low-income household or moderate-income household.
COAH
Shall mean the Council on Affordable Housing, which is in,
but not of, the Department of Community Affairs of the State of New
Jersey, as established by the New Jersey Fair Housing Act (N.J.S.A.
52:27D-301, et seq.).
DCA
Shall mean the State of New Jersey Department of Community
Affairs.
DEFICIENT HOUSING UNIT
Shall mean 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
Shall mean 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
Shall mean 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
Shall mean a development containing both affordable units
and market rate units. This term includes, but is not limited to:
new construction, the conversion of a nonresidential structure to
residential use and the creation of new affordable units through the
reconstruction of a vacant residential structure.
LOW-INCOME HOUSEHOLD
Shall mean a household with a total gross annual household
income equal to 50% or less of the median household income.
LOW-INCOME UNIT
Shall mean a restricted unit that is affordable to a low-income
household.
MAJOR SYSTEM
Shall mean 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
Shall mean housing not restricted to low- and moderate-income
households that may sell or rent at any price.
MEDIAN INCOME
Shall mean the median income by household size for the applicable
housing region, as adopted annually by COAH.
MODERATE-INCOME HOUSEHOLD
Shall mean a household with a total gross annual household
income in excess of 50% but less than 80% of the median household
income.
MODERATE-INCOME UNIT
Shall mean a restricted unit that is affordable to a moderate-income
household.
NON-EXEMPT SALE
Shall mean 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
Shall mean 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
Shall mean 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 COAH's adopted Regional Income
Limits published annually by COAH.
REHABILITATION
Shall mean the repair, renovation, alteration or reconstruction
of any building or structure, pursuant to the Rehabilitation Subcode,
N.J.A.C. 5:23-6.
RENT
Shall mean 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
Shall mean a dwelling unit, whether a rental unit or an 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
Shall mean the Uniform Housing Affordability Controls set
forth in N.J.A.C. 5:80-26 et seq.
VERY LOW-INCOME HOUSEHOLD
Shall mean a household with a total gross annual household
income equal to 30% or less of the median-household income for the
applicable housing region.
VERY LOW-INCOME UNIT
Shall mean a restricted unit that is affordable to a very
low-income household.
WEATHERIZATION
Shall mean 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 purposes of the rehabilitation
program.
[Ord. No. O-11-21]
In all zones that will contain both affordable housing and market
rate housing units, the following schedule shall be followed:
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
---|
25
|
0
|
25+1
|
10
|
50
|
50
|
75
|
75
|
90
|
100
|
[Ord. #O-11-21]
In referring certified households to specific restricted units,
the Administrative Agent shall, to the extent feasible and without
causing an undue delay in the occupancy of a unit, strive to:
a. Provide an occupant for each bedroom;
b. Provide children of different sexes with separate bedrooms;
c. Provide separate bedrooms for parents and children; and
d. Prevent more than two persons from occupying a single bedroom.
[Ord. #O-11-21]
Appeals from all decisions of an Administrative Agent appointed
pursuant to this section shall be filed in writing with the Court
unless the Court delegates this responsibility to the Executive Director
of COAH.
[Ord. # O-12-20, S 8]
The Affordable Rental Units Policies and Procedures Manual dated
January 28, 2011 prepared by Community Grants, Planning & Housing
(CPG&H) which includes the Affirmative Marketing Plan for Affordable
Housing in Region 4 as adopted by Resolution R-11-45 on April 6, 2011
by the Borough Council and may be amended from time to time shall
apply to all developments that will contain low and moderate income
units, including those that are part of the current Borough Housing
Element and Fair Share Plan and those that may be constructed in future
developments not yet anticipated by the Housing Element and Fair Share
Plan.