[Added 4-30-2020 by Ord.
No. 2020-14]
a.
This chapter of the City Code sets forth regulations regarding the
low and moderate income housing units in the City consistent with
the provisions known as 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. except
where the UHAC requirements for the creation of very-low income units
are superseded by the requirements of the Fair Housing Act as established
in P.L. 2008, c. 46 (the "Roberts Bill", codified at N.J.S.A. 52:27D-329.1),
and the City's constitutional obligation to provide a fair share
of affordable housing for low- and moderate-income households.
b.
This chapter is intended to assure that very-low-, low- and moderate-income
units ("affordable units") are created with controls on affordability
over time and that very-low-, low- and moderate-income households
shall occupy these units. This chapter shall apply to all inclusionary
developments and 100% affordable developments (including those funded
with low-income housing tax credit financing) except where inconsistent
with applicable law.
c.
This chapter is also intended to create standards and mechanisms
for the creation and preservation of housing units affordable to middle-income
households not provided for in the Fair Housing Act or in the rules
promulgated by COAH. Except where otherwise required in this chapter,
units in the City reserved for middle-income households will be subject
to the same controls as units reserved for very-low, low-, and moderate-income
households per UHAC and COAH's substantive rules.
[Added 4-30-2020 by Ord.
No. 2020-14]
a.
Beginning on July 1, 2020, and on every anniversary of that date,
the City shall provide annual reporting of its Affordable Housing
Trust Fund activity to the New Jersey Department of Community Affairs,
Council on Affordable Housing, or Local Government Services, or other
entity designated by the State of New Jersey, with a copy provided
to Fair Share Housing Center, Inc., 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 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.
Beginning on July 1, 2020, and on every anniversary of that date,
the City shall provide annual reporting of the status of all affordable
housing activity within the municipality through posting on the municipal
website with a copy of such posting provided to Fair Share Housing
Center, Inc., using forms previously developed for this purpose by
the Council on Affordable Housing or any other forms endorsed by Fair
Share Housing Center, Inc.
c.
By July 1, 2020, as required pursuant to N.J.S.A. 52:27D-313, the
City shall post on its municipal website, with a copy provided to
Fair Share Housing Center, Inc., a status report as to its implementation
of its Housing Element and Fair Share 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 municipality, with a copy to Fair Share
Housing Center, Inc., regarding whether any sites no longer present
a realistic opportunity.
d.
By July 1, 2020, and every third year thereafter, as required by
N.J.S.A. 52:27D-329.1, the City will post on its municipal website,
with a copy provided to Fair Share Housing Center, Inc., a status
report as To its satisfaction of its very-low-income requirements,
including its family-very-low-income requirements. Such posting shall
invite any interested party to submit comments to the municipality
and Fair Share Housing Center, Inc., on the issue of whether the municipality
has complied with its very-low-income and family-very-low-income housing
obligations.
[Added 4-30-2020 by Ord.
No. 2020-14]
As used herein the following terms shall have the following
meanings:
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 ordinance, N.J.A.C. 5:91, 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-,
moderate-, and middle-income households.
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, or within the means of
a middle-income household as defined in this chapter; 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% 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, this
chapter, credited pursuant to N.J.A.C. 5:93, and/or funded through
an affordable housing trust fund.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that:
All the residents of the development where the unit is situated
are 62 years or older; or
At least 80% of the units are occupied by one person that is
55 years or older; or
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.
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 structure in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. Alternative living arrangement includes, but is not limited
to: transitional facilities for the homeless, Class A, B, C, D, and
E boarding homes as regulated by the New Jersey Department of Community
Affairs; residential health care facilities as regulated by the New
Jersey Department of Health; group homes for the developmentally disabled
and mentally ill as licensed and/or regulated by the New Jersey Department
of Human Services; and congregate living arrangements.
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 City 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.A.C. 5:93-5.
The portion of the City'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 and establishes
the City'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 non-residential 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. Except where otherwise
specified, this shall include very-low-income households.
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 or approved by the NJ Superior Court.
A household with a total gross annual household income between
80% and 120% of the median household income.
A restricted unit that is affordable to a middle-income household.
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
(120% for middle income units) as defined by adopted/approved Regional
Income Limits.
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.
An expert appointed by a judge to make sure that judicial
orders are followed. A master's function is essentially investigative,
compiling evidence or documents to inform some future action by the
court.
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.
[Added 4-30-2020 by Ord.
No. 2020-14]
The following requirements shall apply to all new or planned
developments that contain low-, moderate-, and middle-income housing
units.
a.
Phasing. Final site plan or subdivision approval shall be contingent
upon the affordable housing development meeting the below listed phasing
schedule for low-, moderate-, and middle-income units whether developed
in a single-phase development, or in a multi-phase development. Middle-income
units shall not be completed at a faster rate than the development's
low- and moderate-income units.
|
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low-, Moderate-, and Middle-Income Units
Completed
|
|---|---|
|
25
|
0
|
|
25+1
|
10
|
|
50
|
50
|
|
75
|
75
|
|
90
|
100
|
b.
Fractional Units. The affordable housing obligation shall be rounded
down to the nearest whole number when the fraction is less than .50
and shall be rounded up to the nearest whole number when the fraction
is .50 or greater.
c.
Design. In inclusionary developments, low-, moderate-, and middle-
income units shall be integrated with the market units, except where
otherwise permitted by the Planning Board or Zoning Board of Adjustment.
d.
Payments-in-lieu and off-site construction. The standards for the
collection of payments-in-lieu of constructing affordable units or
standards for constructing affordable units off-site, shall be in
accordance with N.J.A.C. 5:93-8.10(c).
e.
Utilities. Affordable units shall utilize the same type of heating
source as market units within the affordable development.
f.
Income and Bedroom Distribution of Affordable Housing Units:
1.
The fair share obligation shall be divided between low-, moderate-income
units, except that where there is an odd number of affordable housing
units, the extra unit shall be a low-income unit. The income distribution
of units may be superseded in a district zoning standards, where applicable.
2.
In each affordable development, at least 50% of the low- and moderate
units within each bedroom distribution shall be low-income units.
This may be altered where specified in the applicable zoning ordinance,
redevelopment plan, or resolution of approval.
3.
Within rental developments, of the total number of affordable rental
units, at least 13% of units within each bedroom distribution shall
be affordable to very-low income households.
4.
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 affordable units;
(b)
At least 30% of all affordable units shall be two-bedroom units;
(c)
At least 20% of all affordable 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.
5.
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
affordable 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.
g.
Accessibility Requirements:
1.
The first floor of all new restricted townhouse dwelling units and
all low-, moderate-, and middle-income multistory dwelling units attached
to at least one (1) other dwelling unit 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 low-, moderate-,
and middle-income multistory dwelling units attached to at least one
(1) 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 City 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 City of Asbury 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 paragraph (2) herein, shall be used
by the City 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 City of Asbury 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 City of Asbury Park'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.
h.
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 by the Superior Court, utilizing the most recently published
regional weighted average of the uncapped Section 8 income limits
published by HUD and the Superior Court.
2.
The maximum rent for low- and moderate-income 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 maximum rent for middle-income restricted units within each affordable
development shall be affordable to households earning no more than
100% of median income, and the average rent for restricted middle-income
units shall be affordable to households earning no more than 90% of
median income.
4.
The developers and/or municipal sponsors of restricted rental units
shall establish at least one rent for each bedroom type for units
in each income category.
(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.
5.
The maximum sales price of restricted low- and moderate-income 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.
6.
The maximum sales price of middle-income restricted ownership units
within each affordable development shall be affordable to households
earning no more than 110% of median income, and each affordable development
must achieve an affordability average of 95% for restricted ownership
units; in achieving this affordability average, middle-income ownership
units must be available for at least two different prices for each
bedroom type.
7.
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.
8.
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:
9.
The initial purchase price for all restricted low-, moderate-, and
middle-income 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 homeowner 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.
10.
The initial rent for a low-, moderate-, and middle-income 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.
11.
The price of owner-occupied low-, moderate-, and middle-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.
Income limits for all units for which income limits are not
already established through a federal program exempted from the Uniform
Housing Affordability Controls pursuant to N.J.A.C. 5:80-26.1 shall
be updated by the City annually within 30 days of the publication
of determinations of median income by HUD as follows:
(a)
Regional income limits shall be established for the Region 4
based on the median income by household size, which shall be established
by a regional weighted average of the uncapped Section 8 income limits
published by HUD. To compute this regional income limit, the HUD determination
of median county income for a family of four is multiplied by the
estimated households within the county according to the most recent
decennial Census. The resulting product for each county within the
housing region is summed. The sum is divided by the estimated total
households from the most recent decennial Census in Region 4. This
quotient represents the regional weighted average of median income
for a household of four. The income limit for a middle-income unit
for a household of four shall be 120% of the regional weighted average
median income. The income limit for a moderate-income unit for a household
of four shall be 80% of the regional weighted average median income
for a family of four. The income limit for a low-income unit for a
household of four shall be 50% of the HUD determination of the regional
weighted average median income for a family of four. The income limit
for a very-low income unit for a household of four shall be 30% of
the regional weighted average median income for a family of four.
These income limits shall be adjusted by household size based on multipliers
used by HUD to adjust median income by household size. In no event
shall the income limits be less than those for the previous year.
(b)
The income limits calculated each year shall be the result of
applying the percentages set forth in paragraph (a) above to HUD's
determination of median income for the relevant fiscal year, and shall
be utilized until the City updates the income limits after HUD has
published revised determinations of median income for the next fiscal
year.
(c)
The Regional Asset Limit used in determining an applicant's
eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3
shall be calculated by the City annually by taking the percentage
increase of the income limits calculated pursuant to paragraph (a)
above over the previous year's income limits, and applying the
same percentage increase to the Regional Asset Limit from the prior
year. In no event shall the Regional Asset Limit be less than that
for the previous year.
12.
The rent levels of very-low-, low-, moderate-, and middle-income
units may be increased annually based on the percentage increase in
the Housing Consumer Price Index for the Northeast Urban Area, upon
its publication for the prior calendar year. This increase shall not
exceed nine percent 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.
13.
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.
[Added 4-30-2020 by Ord.
No. 2020-14]
a.
For any affordable housing unit that is part of a condominium association
and/or homeowner's 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.
