A.
This chapter of the Township Code sets forth regulations regarding
the low- and moderate-income housing units in the Township consistent
with the Substantive Rules of the New Jersey Council on Affordable
Housing, N.J.A.C. 5:93 et seq., the Uniform Housing Affordability
Controls ("UHAC"), N.J.A.C. 5:80-26.1 et seq., and the Township's
constitutional obligation to provide a fair share of affordable housing
for low- and moderate-income households. In addition, this chapter
applies requirements for very-low-income housing as established in
P.L. 2008, c. 46 (the "Roberts Bill").[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-329.2 et seq.
B.
This chapter is intended to assure that low- and moderate-income
units ("affordable units") are created with controls on affordability
over time and that low- and moderate-income households shall occupy
these units. This chapter shall apply except where inconsistent with
applicable law.
C.
The West Amwell Township Planning Board has adopted a Housing Element
and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A.
40:55D-1 et seq. The plan has also been endorsed by the Township Committee
of the Township of West Amwell. The Fair Share Plan describes the
ways the Township shall address its fair share for low- and moderate-income
housing as documented in the Housing Element.
D.
This chapter implements and incorporates the Fair Share Plan and
addresses the requirements of N.J.A.C. 5:93, as maybe amended and
supplemented.
[Added 8-19-2020 by Ord.
No. 08-2020]
A.
Trust
fund activity. On the first anniversary of the entry of the order
granting West Amwell a final judgment of compliance and repose in
In re Township of West Amwell Compliance with Mount Laurel Third Round
Affordable Housing Obligation, and every anniversary thereafter through
the end of the repose period, the Township shall provide annual reporting
of its affordable housing trust fund activity to the New Jersey Department
of Community Affairs, Council on Affordable Housing or Division of
Local Government Services, or other entity designated by the State
of New Jersey, with a copy provided to the Fair Share Housing Center
and posted on the municipal website, using forms developed for this
purpose by the New Jersey Department of Community Affairs, Council
on Affordable Housing or Division of Local Government Services. The
reporting shall include an accounting of all affordable housing trust
fund activity, including the source and amount of funds collected
and the amount and purpose for which any funds have been expended.
B.
Affordable
housing activity. On the first anniversary of the entry of the order
granting West Amwell a final judgment of compliance and repose in
In re Township of West Amwell Compliance with Mount Laurel Third Round
Affordable Housing Obligation, and every anniversary thereafter through
the end of the repose period, the Township shall provide annual reporting
of the status of all affordable housing activity within the Township
through posting on the municipal website, with copies provided to
the Fair Share Housing Center, using forms previously developed for
this purpose by the Council on Affordable Housing or any other forms
endorsed by the court-appointed special master and Fair Share Housing
Center. For the midpoint realistic opportunity review due on July
1, 2020, as required pursuant to N.J.S.A. 52:27D-313, the Township
shall post on its municipal website, with copies provided to the Fair
Share Housing Center, a status report as to its implementation of
its affordable housing plan and an analysis of whether any unbuilt
sites or unfulfilled mechanisms continue to present a realistic opportunity.
Such posting shall invite any interested party to submit comments
to the Township, with copies provided to the Fair Share Housing Center,
regarding whether any sites no longer present a realistic opportunity
and should be replaced. Any interested party may by motion request
a hearing before the court regarding these issues.
C.
Very-low-income
housing. For the review of very-low-income housing requirements required
by N.J.S.A. 52:27D-329.1, within 30 days of the third anniversary
of the entry of the order granting West Amwell a final judgment of
compliance and repose in In re Township of West Amwell Compliance
with Mount Laurel Third Round Affordable Housing Obligation, and every
third year thereafter, the Township will post on its municipal website,
with copies provided to the Fair Share Housing Center, a status report
as to its satisfaction of its very-low-income requirements, including
the family very-low-income requirements referenced herein. Such posting
shall invite any interested party to submit 00346674 2 of 14 comments
to the Township, with copies provided to the Fair Share Housing Center,
on the issue of whether the Township has complied with its very-low-income
housing obligation.
As used herein, the following terms 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.
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
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, N.J.A.C. 5:93 and N.J.A.C.
5:80-26.1 et seq.
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 average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent within the means of a low- or moderate-income
household as defined in N.J.S.A. 52:27D-304; 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.
A housing development, all or a portion of which consists
of restricted units.
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.
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited
pursuant to N.J.A.C. 5:93-3, and/or funded through an affordable housing
trust fund.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
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% 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.
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.
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
The Council on Affordable Housing, which is in, but not of,
the Department of Community Affairs 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.).
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.
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 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.
The plan that describes the mechanisms, strategies and the
funding sources, if any, by which the Township proposes to address
its affordable housing obligation as established in the Housing Element,
including the draft ordinances necessary to implement that plan, and
addresses the requirements of N.J.S.A. 52:27D-309 through 52:27D-314.
The portion of the Township's Master Plan, required by the
Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-28b(3) and the Act,
that includes the information required by N.J.A.C. 5:93-5.1(b) and
establishes the Township's fair share obligation.
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.
A household with a total gross annual household income equal
to 50% or less of the median household income.
A restricted 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 low- and 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 COAH.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income
household.
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.
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 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, or other regional income limits that may be approved by the
Court.
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 residences, rent does
not include charges for food and services.
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.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income.
A restricted 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.
Any multifamily development within the Township of West Amwell
created through any Planning Board action on subdivision or site plan
applications, rezoning, use variance, redevelopment plan, or rehabilitation
plan that provides for densities at or above six dwelling units per
acre, resulting in five or more dwelling units shall be required to
set aside at least 20% of said units for low- and moderate-income
households. This requirement does not give any developer the right
to any such rezoning, variance or other relief, nor does it establish
any obligation on the part of the Township of West Amwell to grant
such rezoning, variance or other relief.
The following requirements shall apply to all new or planned
developments that contain low- and moderate-income housing units.
A.
Phasing. 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
a single phase development or in a multiphase development:
|
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
|---|---|
|
25%
|
0%
|
|
25% plus 1 unit
|
10%
|
|
50%
|
50%
|
|
75%
|
75%
|
|
90%
|
100%
|
B.
Design. In inclusionary developments, to the extent possible, low-
and moderate-income units shall be integrated with the market units.
C.
Utilities and common elements. In inclusionary developments, affordable
units shall utilize the same type of heating source as the market
units within the development, and the occupants of the affordable
units shall have access to all of the same common elements and facilities
as the occupants of the market units within the development.
D.
Low/moderate split and bedroom distribution of affordable housing
units.
[Amended 8-19-2020 by Ord. No. 08-2020]
(1)
Affordable
units in a development 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, including that
13% shall be very-low-income.
(3)
At least
13% of all affordable rental units within each bedroom distribution
shall be very-low-income units ( affordable to households earning
30% or less of median income). The very-low-income units shall be
counted as part of the required number of low-income units within
the development.
(4)
At least
25% of the obligation shall be met through rental units, including
at least half in rental units available to families.
(5)
A maximum
of 25% of the Township's obligation may be met with age-restricted
units. At least half of all affordable units in the Township's Plan
shall be available to families.
(6)
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.
(7)
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.
E.
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 the Township 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 Township of West Amwell'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 E(2)(f)[2] herein shall be used by the Township 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 the Township of West Amwell.
[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 Township of West Amwell's Affordable Housing Trust
Fund in care of the Chief Financial Officer, 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 impracticable to meet the
requirements on the site. Determinations of site impracticability
shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
F.
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 utilizing the most recently published regional weighted average
of the uncapped Section 8 income limits by HUD and by the Superior
Court.
[Amended 8-19-2020 by Ord. No. 08-2020]
(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 shall
be affordable to households earning no more than 30% of median income,
with such very-low-income units counted toward the low-income housing
requirement.
[Amended 8-19-2020 by Ord. No. 08-2020]
(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
met:
(a)
A studio or efficiency unit 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 met:
(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,
homeowner and private mortgage insurance and condominium or homeowners'
association fees do 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
in accordance with N.J.A.C. 5:80-26.12(b), which requires rent increases
to be consistent with the regional income limits by the Court or other
appropriate jurisdiction. 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.
[Amended 8-29-2020 by Ord. No. 08-2020]
(11)
Ttenant-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 HUD for its Section 8 program.
[Amended 8-29-2020 by Ord. No. 08-2020]
For any affordable housing unit that is part of a condominium
association and/or homeowners' association, the master deed shall
reflect that the association fee assessed for each affordable housing
unit shall be established at 100% of the market-rate fee.
