This article of Chapter
110 is designed to implement the Township's adopted Housing Element and Fair Share Plan for low- and moderate-income housing units in the Township consistent with the New Jersey Fair Housing Act ("Act"), N.J.S.A. 52:27D-301 et seq., extant regulations of the New Jersey Council on Affordable Housing ("COAH"), 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 modified by the requirements
for very-low-income housing as established in N.J.S.A. 52:27D-329.1,
and judicial decisions. This article is designed to ensure that affordable
housing created under the Fair Housing Act is occupied by low- and
moderate-income households for the appropriate period of time. This
article provides rules for the establishment and administration of
affordability controls on each restricted dwelling unit for which
the Township receives credit.
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. The following requirements shall apply to all new or planned developments
that contain low- and moderate-income housing units:
(1) Each housing unit created through the conversion of a nonresidential
structure shall be considered a new housing unit and shall be subject
to the affordability controls for a new housing unit.
(2) Final site plan or subdivision approval for any inclusionary development
shall be contingent upon the affordable housing development meeting
the following phasing schedule for low- and moderate-income units,
whether developed in one stage or more stages. The initial issuance
of certificates of occupancy for market units shall be linked to the
issuance of certificates of occupancy for affordable units. Prior
to the issuance of the certificates of occupancy for market units,
certificates of occupancy for affordable units shall be required in
the following minimum ratios:
Required Percentage of Affordable Units to Market Units
|
---|
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
|
(3) Each unit of affordable housing shall require a certificate of occupancy
or continuing certificate of occupancy, which shall become void upon
a change of owner or tenant.
(4) No certificate of occupancy shall be issued for a low- or moderate-income
unit unless the provisions of N.J.A.C. 5:93-9.3, or superseding administrative code, are met.
(5) The facade of an affordable housing dwelling shall be indistinguishable
from those of market units in terms of the use of exterior materials,
windows, doors, reveal, roof pitch, color, or other material. Affordable
housing units shall be fully integrated with market-rate housing to
the greatest extent feasible and shall have access to open space and
site amenities comparable to that of market-rate units, unless otherwise
approved by the Municipal Housing Liaison.
(6) For inclusionary developments with a single housing type, the affordable
housing units shall have the same tenure as the market housing units.
(7) 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 the New Jersey Department of Community Affairs
for its Section 8 program. Affordable units shall utilize the same
type of heating source as market units within the affordable development.
B. For inclusionary set-asides in which the percentage (15% or 20%,
as the case may be) of the total number of residential units does
not result in a full integer, the following may occur:
(1) The developer may in all cases round the set-aside upward and construct
an additional affordable unit; or if the set-aside includes a fractional
unit of 0.2 or less, the developer may round the set-aside downward
and construct the lower whole number of affordable units, but must
also make a payment in lieu of constructing the fractional additional
unit ("fractional payment-in-lieu"). The fractional payment-in-lieu
amount shall be calculated as the fractional unit multiplied by the
payment-in-lieu amount of $250,000, increased annually by the Urban
Consumer Price Index for the metropolitan area.
For example, if seven total units are developed at an inclusionary
site, a 20% set-aside would require 1.4 affordable units. The developer
must round up the fraction and construct a total of two affordable
units. If six total units are developed, a 20% set-aside would require
1.2 affordable units. In that instance, the developer may either round
up and construct a second affordable unit, or make a fractional payment
in lieu of 0.2 x $250,000, or $50,000, into the Township's Affordable
Housing Trust Fund.
(2) The payment shall be imposed as a condition of development approval
by the Planning Board.
(3) During the development approval process, a developer may demonstrate
to the governing body that the actual construction cost of an affordable
unit less estimated capitalized revenue at the development in question
is lower than the imposed payment-in-lieu. At its discretion, the
governing body may impose a lower payment-in-lieu amount equal or
proximate to the amount estimated by the developer.
C. Accessibility requirements.
(1) The first floor of all new 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
be subject to the technical design standards of the Barrier Free Subcode,
N.J.A.C. 5:23-7, and the following.
(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 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;
(e)
If not all of the foregoing requirements in Subsection
C(2)(a) through
(d) can be satisfied, then an interior accessible route of travel must be provided between stories within an individual unit; but if all of the terms of Subsection
C(2)(a) through
(d) above have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; 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 Oldmans 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
C(2)(f)[2] herein shall be used by the Township for the sole purpose of making the adaptable entrance of an 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 to the Construction
Official of the Township of Oldmans a design plan and cost estimate
for the conversion from adaptable to accessible entrances.
[5]
Once the Construction Official has determined that the design
plan to convert the unit entrances from adaptable to accessible meets
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 Oldmans Affordable Housing Trust Fund in
care of the Municipal Housing Finance Officer, who shall ensure that
the funds are deposited into the Affordable Housing Trust Fund and
earmarked appropriately.
(3) 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.
D. Income and bedroom distributions.
(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) Within rental developments, of the total number of affordable rental
units, at least 13% shall be affordable to very-low-income households.
The very-low-income units shall be counted as part of the required
number of low-income units within the development.
(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 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.
(5) 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. Occupancy standards.
(1) In determining the initial rents and initial sales prices for compliance
with the affordable average requirements for restricted units other
than age-restricted dwellings, the following standards shall be used:
(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.
(e)
A four-bedroom unit shall be affordable to a six-person household.
(2) For age-restricted affordable dwellings, 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 one-and-one-half-person
household.
(c)
A two-bedroom unit shall be affordable to a two-person household
or to two one-person households.
(3) In referring certified households to specific restricted units, to
the extent feasible and without causing an undue delay in occupying
the unit, the Administrative Agent shall strive to:
(a)
Provide an occupant for each bedroom;
(b)
Provide separate bedrooms for parents and children;
(c)
Provide children of different sexes with separate bedrooms;
and
(d)
Prevent more than two persons from occupying a single bedroom.