[HISTORY: Adopted by the City Council of the City of Perth
Amboy 8-10-2022 by Ord. No. 2041-2022. Amendments noted where applicable.]
The purpose of this chapter is to create mixed-income housing
through new construction to assist the City in promoting the creation
of inclusionary developments and affordable housing as the City grows
and attracts new market-rate residential development.
Means residential housing that is restricted for occupancy
by households whose combined annual income for all members does not
exceed eighty percent (80%) of the median income. This term shall
refer to the broad classification, and not be confused with more specific
terms that define different income divisions, such as very-low-income,
low-income, and moderate-income.
Means the Zoning Board of Adjustment or the Planning Board,
whichever land use board has jurisdiction over the subject application.
Means any person, partnership, association, entity, 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.
Means the division of a parcel of land into two or more parcels,
the construction, redevelopment, 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.
Means the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.) as has been subsequently amended.
Means a development that contains both affordable housing
units and market-rate housing 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.
Means a household with a total gross annual household income
equal to fifty percent (50%) or less of the median household income.
Means a restricted unit that is affordable to a low-income
household.
Means housing not restricted to very-low-, low-, and moderate-income
households that may sell or rent at any price.
Means the median income by household size for Region 3 (Middlesex
County's region).
Means a household with a total gross annual household income
in excess of fifty percent (50%) but less than eighty percent (80%)
of the median household income.
Means a restricted unit that is affordable to a moderate-income
household.
Means any real property and the improvements, buildings,
structures or house thereon, whether single, two-family or multi-family,
whether or not owner occupied, used for residential purposes.
Means the Uniform Housing Affordability Controls set forth
in N.J.A.C. 5:80-26.1 et seq., as may be supplemented or amended.
Means a household with a total gross annual household income
equal to thirty percent (30%) or less of the median household income.
Means a restricted unit that is affordable to a very-low-income
household.
A.
The following developments shall comply with the affordable housing
set-aside and other requirements of this chapter:
(1)
All developments with a residential component, including mixed-use
developments, for which a developer requests and/or obtains increased
residential units or increased residential floor area (i) as a result
of variance(s) pursuant to N.J.S.A. 40:55D-70(c) and (d); (ii) as
a result of a rezoning; or (iii) as a result of the adoption of a
new or amended redevelopment/rehabilitation plan pursuant to the Local
Redevelopment and Housing Law.
(2)
All developments with a residential component, including mixed-use
developments, that obtain a tax abatement/payment in lieu of taxes
from the City, low income housing tax credits and/or tax-exempt bond
financing from the New Jersey Housing Mortgage Finance Agency, funding
from the Economic Development Authority Aspire program or similar
program, and/or any other State support pursuant to N.J.S.A. 52:27D-329.9(b).
(3)
All developments with a residential component, including mixed-use
developments, that are in an existing redevelopment plan that already
contains affordability requirements, including but not limited to
those projects within the Gateway Area Redevelopment Plan, Waterfront
Redevelopment Plan, and Northern Industrial Redevelopment Plan that
have not received Planning Board approval as of the effective date
of this chapter, or projects that have received Planning Board approval
as of the effective date of this chapter and are subsequently amended
or subject to new Planning Board approval after the effective date
of this chapter.
Editor's Note: This chapter was adopted 8-10-2022 by Ord. No.
2041-2022.
B.
Nothing herein precludes the City of Perth Amboy or approving authority
from requiring an affordable housing set-aside in a development not
required to have a set-aside pursuant to this chapter or requiring
a higher affordable housing set-aside in any development in accordance
with N.J.S.A. 52:27D-311(h) and applicable law.
A.
Each development subject to this chapter shall contain an on-site
affordable housing set-aside subject to the following:
|
Total Number of Units
|
Minimum Affordable Housing Set-Aside %
|
|---|---|
|
10 and under
|
None*
|
|
11-99
|
10%
|
|
100-149
|
15%
|
|
150-199
|
17.5%
|
|
200 and over
|
20%
|
|
*
|
Shall be subject to a development fee
|
B.
Irrespective of the total number of units, all developments that
obtain a tax abatement/payment in lieu of taxes from the City, low
income housing tax credits and/or tax-exempt bond financing from the
New Jersey Housing Mortgage Finance Agency, funding from the Economic
Development Authority Aspire program or similar program, and/or any
other State support pursuant to N.J.S.A. 52:27d-329.9(b), shall set
aside at least twenty percent (20%) of the total number of residential
units on-site as affordable housing.
A developer subject to the mandatory affordable housing set-aside
may request, and the approving authority may, at its discretion, grant
additional incentives for affordable housing, including but not limited
to a density bonus, a reduction in the off-street parking spaces otherwise
required, and/or a reduction in the minimum setback requirements.
All subdivision and site plan approvals of qualifying developments
shall be conditioned upon compliance with the provisions of this chapter,
including the following:
A.
No subdivision shall be permitted or approved for the purpose of
avoiding compliance with the mandatory affordable housing set-aside.
A developer may not, for example, subdivide a project into two lots
and then plan each of them to produce a number of units below the
threshold. The approving authority may impose any reasonable conditions
to ensure such compliance.
B.
In the event the number of affordable housing units to be provided
incudes a fraction, the number shall be rounded up if the fractional
amount is 0.5 or greater and rounded down if the fractional amount
is less than 0.5. The developer shall provide a payment in lieu of
constructing affordable units for the fraction of a unit less than
0.5. The payment in lieu shall be based on the amounts established
in N.J.A.C. 5:97-6.4(c).
C.
All affordable units created shall fully comply with the Uniform
Housing Affordability Controls, N.J.A.C. 5:80-26.1, et seq. ("UHAC"),
including but not limited to the required bedroom and income distribution,
with the sole exception that thirteen percent (13%) of the affordable
units shall be required to be restricted for very-low-income households
earning thirty percent (30%) or less of the median income pursuant
to the Fair Housing Act, N.J.S.A. 52:27D-301, et seq. ("FHA").
D.
At least fifty percent (50%) of the affordable units within each
bedroom distribution shall be affordable to low-income households,
inclusive of the at least thirteen percent (13%) of units affordable
to very-low-income households.
E.
The very-low-income affordable units shall be proportionately distributed
within each bedroom distribution. In a family non-age-restricted development,
at no time shall the number of one-bedroom very-low-income units exceed
the number of three-bedroom very-low-income units.
F.
Affordable units shall be integrated with the market-rate units,
and the affordable units shall not be concentrated in separate building(s)
or in separate area(s) or floor(s) from the market-rate units. In
buildings with multiple dwelling units, this shall mean that the affordable
units shall be generally distributed within each building with market-rate
units. The affordable units shall also be of the same type as the
market-rate units (e.g., if the market-rate units are non-age-restricted
family units, the affordable units shall be non-age-restricted family
units as well). The residents of the affordable units shall have full
and equal access to all of the entryways, amenities, common areas,
and recreation areas and facilities as the residents of the market-rate
units.
G.
Affordable units shall be subject to affordability controls of at
least thirty (30) years from the date of initial occupancy and affordable
deed restrictions as otherwise provided for by UHAC, with the sole
exception that very low income shall be defined as at or below thirty
percent (30%) of median income pursuant to the Fair Housing Act, and
the affordability controls shall remain unless and until the municipality,
in its sole discretion, takes action to extend or release the unit
from such controls after at least thirty (30) years.
H.
Construction of the affordable and market units shall be phased in
compliance with N.J.A.C. 5:93-5.6(d).
I.
Affordable units shall be affirmatively marketed in accordance with
UHAC and applicable law. The affirmative marketing shall include posting
of all affordable units on the New Jersey Housing Resource Center
website in accordance with applicable law.
J.
The mandatory affordable housing set-aside shall not give any developer
the right to any rezoning, variance, redevelopment designation or
redevelopment or rehabilitation plan approval, or any other such relief,
or establish any obligation on the part of the municipality to grant
such rezoning, variance, redevelopment designation, redevelopment
or rehabilitation plan approval, or other such or further relief.
K.
No developer may make a payment in lieu of constructing affordable
units on site, except for fractional units as noted above.
Upon a violation of any of the provisions of this chapter, any
designated City official shall give written notice to the developer
specifying the nature of the violation and require corrective action
within thirty (30) days of the notice.
If the developer does not correct the violation within the time
specified, the developer shall, for each and every violation, be fined
up to a maximum of two-thousand dollars ($2,000.00) a day that such
violation continues after such notice until the violation is corrected.
If any article, section, subsection, sentence, clause or phrase
of this chapter is, for any reason, held by a court of competent jurisdiction
to be unconstitutional or invalid, such decision shall not affect
the remaining portions of this chapter and they shall remain in full
force and effect and shall be deemed valid and effective.
In the event of any inconsistencies between the provisions of
this chapter and any prior ordinance of the municipality, the provisions
hereof shall be determined to govern and those inconsistent provisions
shall be repealed to the extent of such inconsistency.
This chapter shall take effect upon its adoption by the Municipal
Council. The provisions of this chapter shall be applicable within
the entire municipality upon final adoption and shall become a part
of the Perth Amboy Code once adopted and incorporated in the official
copies of the City Code.
