A.
Affordable housing obligation.
(1)
This section of the Township Code sets forth regulations regarding provision and administration of very-low-, low- and moderate-income housing units in the Township consistent with the Constitutional obligation set forth in N.A.A.C.P., et al, v. Township of Mount Laurel, 67 N.J. 151 (1975) (the Mount Laurel Doctrine), the "Fair Housing Act," P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et al.), as amended and supplemented by P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1 et al.), as amended and supplemented (the "Fair Housing Act"), the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., as amended and supplemented ("UHAC"); and N.J.A.C. 5:99-1.1 et seq. ("Fair Housing Act Regulations").
(2)
This chapter is intended to ensure 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, individual affordable units, and 100% affordable developments (including those funded with low-income housing tax credit financing), and any other development that will provide affordable units except where inconsistent with applicable law.
(3)
The Galloway 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 Housing Element and Fair Share Plan has also been endorsed by the Township Council of the Township of Galloway. The Fair Share Plan describes the ways the Township shall address its fair share for low- and moderate-income housing as determined by the Court and documented in the Housing Element and Fair Share Plan.
(4)
This Article XII implements and incorporates the Fair Share Plan and addresses the Fair Housing Act, UHAC and the Fair Housing Act Regulations.
(5)
The Township shall file monitoring and status reports required by the Fair Housing Act, Fair Housing Act Regulations, and UHAC with the New Jersey Department of Community Affairs and place the reports on its municipal website. All monitoring and status reports shall also be available to the public at the at the Galloway Township Municipal Building, 300 East Jimmie Leeds Road, Galloway, New Jersey 08205.
B. 100% AFFORDABLE DEVELOPMENT ACT ADAPTABLE ADMINISTRATIVE AGENT AFFIRMATIVE MARKETING AFFIRMATIVE MARKETING PLAN AFFORDABILITY AVERAGE AFFORDABILITY CONTROLS AFFORDABLE AFFORDABLE HOUSING DEVELOPMENT AFFORDABLE HOUSING PROGRAM(S) AFFORDABLE HOUSING TRUST FUND AFFORDABLE UNIT AGE-RESTRICTED UNIT AGENCY ASSISTED LIVING RESIDENCE CERTIFIED HOUSEHOLD CONSTRUCTION PERMIT COURT DCA DEFICIENT HOUSING UNIT DEVELOPER DEVELOPMENT DEVELOPMENT FEE DWELLING UNIT FAIR HOUSING ACT REGULATIONS FAIR SHARE PLAN HOUSEHOLD INCOME HOUSING ELEMENT INCLUSIONARY DEVELOPMENT LOT LOW-INCOME HOUSEHOLD LOW-INCOME UNIT MAJOR SYSTEM MARKET-RATE UNITS MEDIAN INCOME MEDICAID BED MODERATE-INCOME HOUSEHOLD MODERATE-INCOME UNIT MUNICIPAL HOUSING LIAISON NEW CONSTRUCTION NEW JERSEY HOUSING RESOURCE CENTER NONEXEMPT SALE OPERATIONS MANUAL OWNERSHIP RESTRICTED UNIT RANDOM SELECTION PROCESS RECONSTRUCTION REGION 6 REGIONAL ASSET LIMIT REHABILITATION RENT RENTAL RESTRICTED UNIT RESTRICTED UNIT SPECIAL ADJUDICATOR SPECIAL NEEDS HOUSING UNIT SUPPORTIVE HOUSING UNIT UHAC VERY-LOW-INCOME HOUSEHOLD VERY-LOW-INCOME UNIT VETERAN
Definitions. As used in this article, the following terms shall have the following meanings:
A development which consists entirely of affordable units.
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.), as amended and supplemented by P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1 et al.), and as may be further amended and supplemented.
Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7. "Adaptable," as used with regard to an entrance, means that the plans for the affordable unit include a feasible building plan to adapt the entrance so as to make the affordable unit accessible.
The entity, approved by the DCA and the Township, responsible for the administration of affordable units in accordance with this ordinance, the Act, UHAC and the Fair Housing Act regulations.
A regional marketing strategy prepared and implemented in accordance with N.J.A.C. 5:80-26.16, designed to attract buyers and/or renters to affordable units being marketed by a developer or sponsor of affordable units.
The affirmative marketing plan adopted by the Township in § 233-98 setting forth the strategies from which the Administrative Agent will use to implement as part of the affirmative marketing requirements.
The average percentage of median income in Region 6 at which affordable units in an affordable housing development are affordable to low-income households and moderate-income households.
The controls or restrictions placed on a dwelling unit that requires the dwelling unit to be affordable to very-low-income households, low-income households or moderate-income households, which are imposed pursuant to UHAC, this article of the Township Code and/or other state or federal statute or regulation.
A sales price or rent within the means of a very-low-income household, low-income household or moderate-income household; in the case of an ownership restricted unit means that the sale price for the ownership restricted unit conforms to the standards set forth at N.J.A.C. 5:80-26.7 in UHAC, as may be amended and supplemented, and in the case of rental restricted unit means that the rent conforms to the standards set forth a N.J.A.C. 5:80-26.13 in UHAC, as may be amended and supplemented.
A development included in the Housing Element and Fair Share Plan and/or any development that includes the construction of affordable units, and includes, but is not limited to, an inclusionary development, a municipal construction project, a 100% affordable development, or a development of which all or a substantial portion consists of affordable units.
Any mechanism in the Township's Fair Share Plan to address a municipality's fair share obligation.
A separate, interest-bearing account held by the Township of Galloway and created pursuant to § 233-97H, for the deposit of funds collected by the Township of Galloway in connection with its affordable housing programs or any funds allowed to be collected by the Township of Galloway pursuant to the Act, the Fair Housing Act Regulations, and/or the Non-Residential Development Fee Act, and which shall be expended in accordance with the Spending Plan, the Act and the Fair Housing Act Regulations.
A dwelling unit proposed or created pursuant to the Act, which is affordable to very-low income households, low-income households or moderate-income households; a restricted unit; a transitional housing unit; a special needs housing unit; a supportive housing unit and/or a dwelling unit created and/or funded through the Affordable Housing Trust Fund.
An affordable unit designed to meet the needs of, and intended exclusively for, the residents of an age-restricted segment of the population where the adult member of the family who is the head of the household for the purposes of determining income eligibility and rent or purchase price is a minimum age of either 62 years or older; or 55 years or older and meets the provisions of 42 U.S.C. §§ 3601 through 3619, except that due to death, a surviving spouse of less than 55 years of age is permitted to continue to reside in the unit.
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 facility licensed by the New Jersey Department of Health 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. Apartment units must offer, 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 very-low-income household, low-income household or moderate-income household.
A "construction permit" as the term is defined in N.J.A.C. 5:23-1.4.
Any court of competent jurisdiction to hear and decide matters pursuant to the Act, including but not limited to the Affordable Housing Dispute Resolution Program established pursuant to N.J.S.A. 52:27D-313.2 and a County-Level Housing Judge, as the term is defined in N.J.S.A. 52:27D-304.r.
The New Jersey Department of Community Affairs, including but not limited to the Division of Local Planning Services within the Department of Community Affair and the New Jersey Housing and Mortgage Finance Agency established pursuant to N.J.S.A. 55:14K-1 et seq.
A dwelling unit with health and safety code violations or a dwelling unit that requires the repair or replacement of a major system.
Any person, partnership, association, company, corporation or other entity 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, 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.
Money paid by a developer pursuant to § 233-97 of the Township Code, including any fee on development authorized pursuant to N.J.S.A. 52:27D-329.2 or the Statewide Non-Residential Development Fee Act, N.J.S.A. 40:55D-8.1 et seq., and N.J.A.C. 5:99-3.
Any room or group of rooms or any part thereof located within a building and forming a single habitable unit with facilities which are used, or designed to be used for living, sleeping, cooking, and eating. A dwelling unit shall include a market-rate unit and a restricted. A dwelling unit includes all structures satisfying the definition of "dwelling" set forth in § 233-4 of the Township Code.
The regulations adopted by the DCA pursuant to the Act and codified at N.J.A.C. 5:99, et seq.
The plan or proposal that is in a form which may readily be adopted, with accompanying ordinances and resolutions, pursuant to N.J.S.A. 52:27D-304.1.f., by which the Township of Galloway proposes to satisfy its obligation to create a realistic opportunity to meet its fair share of low- and moderate-income housing needs of Region 6 and which details the affirmative measures the Township of Galloway proposes to undertake to achieve its fair share of low- and moderate-income housing, as provided in the housing element, and addresses the development regulations necessary to implement the housing element, including, but not limited to, inclusionary requirements and development fees, and the elimination of unnecessary housing cost-generating features from the Township's land use ordinances and regulations.
A household's gross annual income calculated in a manner consistent with the determination of annual income pursuant to section 8 of the United States Housing Act of 1937 (Section 8), not in accordance with the determination of gross income for Federal income tax liability.
That portion of the Township of Galloway's master plan, required by the Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-28b(3) and the Act, consisting of reports, statements, proposals, maps, diagrams, and text designed to meet the Township of Galloway's fair share of Region 6's present and prospective housing needs, particularly with regard to low- and moderate-income housing, and which shall contain the Township of Galloway's present and prospective obligation for affordable housing, determined pursuant to N.J.S.A. 52:27D-304.1.f.
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.
Shall have the meaning set forth in § 233-4 of the Township Code.
A household with a total gross annual household income equal to 50% or less of the median household income for households of the same size within Region 6.
An affordable 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.
Any dwelling unit that is not an affordable unit.
The median income by household size for Region 6, as calculated annually in accordance with N.J.A.C. 5:80-26.3.
A bed within an assisted living facility that is reserved for use by a Medicaid-eligible resident, as the term is defined in N.J.S.A. 26:2H-12.16(a), which is required to be provided pursuant to N.J.S.A. 26:2H-12.16(b) or (c).
A household with a total gross annual household income in excess of 50% but less than 80% of the median gross household income for households of the same size within Region 6.
An affordable unit that is affordable to a moderate-income household.
The person appointed by the Township pursuant to § 233-96A.
The creation of a new dwelling unit under regulation by a code enforcement official regardless of the means by which the unit is created. Newly constructed dwelling units are evidenced by the issuance of a certificate of occupancy and may include new residences created through additions and alterations, adaptive reuse, subdivision, or conversion of existing space, and moving a structure from one location to another. New construction shall also include reconstruction.
The online affordable housing listing portal, or its successor, overseen by HMFA pursuant to N.J.S.A. 52:27D-321.3 et seq.
Any sale or transfer of ownership other than the transfer of ownership of a restricted unit to one's self or to another individual other than the transfer of ownership between spouses or civil union partners; the transfer of ownership between former spouses or civil unition partners 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.
The document prepared by the Township or the Administrative Agent and approved by the Township created and published in plain English and in such other languages as may be appropriate to serve the potential client base, setting forth the procedures for administering the affordable units within a particular affordable housing development, including but not limited to procedures for long-term control of affordable units, for enforcing the affordability controls and other covenants set forth in the UHAC and any deed restrictions, and for releasing affordable units promptly at the conclusion of applicable control periods. The operating manual shall have a separate and distinct chapter or section setting forth the process for identifying applicant households seeking certification to affordable units, for reviewing applicant household eligibility, and for certifying applicant households in accordance with the household certification and referral requirements set forth at N.J.A.C. 5:80-26.17.
A dwelling unit that is that is subject to the affordability controls, and that is owned by or offered for sale to a very-low-income household, low-income household or moderate-income household.
A lottery process by which currently income-eligible applicant-households are selected, at random, for placement in affordable units such that no preference is given to one applicant over another, except in the case of a preference pursuant to § 233-95D(1); for purposes of matching household income and size with an appropriately priced and sized affordable unit; or another purpose allowed pursuant to N.J.A.C. 5:80-26.7(k)3. This definition excludes any practices that would allow affordable units to be leased or sold on a first-come, first-served basis.
Any project where the extent and nature of the work is such that the work area cannot be occupied while the work is in progress and where a new certificate of occupancy is required before the work area can be reoccupied, pursuant to the Rehabilitation Subcode of the uniform Construction Code, N.J.A.C. 5:23-6. Reconstruction shall not include projects comprised only of floor finish replacement, painting or wallpapering, or the replacement of equipment or furnishings. Asbestos hazard abatement and lead hazard abatement projects shall not be classified as reconstruction solely because occupancy of the work area is not permitted.
Collectively, Atlantic, Cape May, Cumberland and Salem Counties.
The maximum housing value in Region 6 affordable to a four-person household with an income at 80% of the regional median income as defined by adopted/approved regional income limits.
The repair, renovation, or alteration of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
The gross monthly cost of a restricted 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 that is that is subject to the affordability controls, and that is rented by or offered for lease or rent to a very-low-income household, low-income household or moderate-income household.
A dwelling unit, whether a rental restricted unit or ownership restricted unit that is subject to the affordability controls, and includes a dwelling unit created with monies from the Township's Affordable Housing Trust Fund but does not include a market-rate unit financed under the former Urban Homeownership Recovery Program (UHORP), the former Market Oriented Neighborhood Investment Program (MONI) or the former Choices in Homeownership Incentives for Everyone Program (CHOICE).
An expert appointed by a Court to make sure that judicial orders are followed. A Special Adjudicator's function is essentially investigative, compiling evidence or documents to inform some future action by the court.
A dwelling unit or bedroom in a development that satisfies the definition of "special needs housing project" as defined in N.J.S.A. 34:1B-21.24.
A dwelling unit or bedroom in a development that satisfies the definition of "permeant supportive housing" as defined in N.J.S.A. 34:1B-21.24.
The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq., as may be amended and supplemented.
A household with a total gross annual household income equal to 30% or less of the median household income for households of the same size within Region 6.
An affordable unit that is affordable to a very-low-income household.
A veteran as defined at N.J.S.A. 54:4-8.10.
C.
New construction. The following requirements shall apply to all new or planned developments that contain low- and moderate-income housing units.
(1)
Phasing. Final site plan or subdivision approval shall be contingent upon the affordable housing development meeting the following phasing schedule for affordable units whether developed in a single phase development or in a multiphase development:
Maximum Percentage of Low-Market-Rate Units Completed | Minimum Percentage of and Affordable Units Completed |
|---|---|
25% | 0% |
25% + 1 unit | 10% |
50% | 50% |
75% | 75% |
90% | 100% |
100% |
(2)
Design. All affordable housing developments containing restricted units and affordable units subject to UHAC shall comply with the standards set forth in N.J.A.C. 5:80-26.5. Each bedroom in each restricted unit must have at least one window. Affordable units shall not be segregated or clustered in any portion of the development and shall be indistinguishable from market-rate units.
(3)
Utilities. Affordable units shall utilize the same type of heating and cooling source as market units within the affordable housing development, and all affordable units must include adequate heating and air conditioning.
(4)
Income and bedroom distribution of affordable housing units. All affordable housing developments shall comply with the income distribution and bedroom distribution requirements of N.J.A.C. 5:80-26.4(e), (f) and (g), except that in the event that an affordable housing development cannot fully satisfy the requirements of N.J.A.C. 5:80-26.4(e), (f) and (g), or is unable to provide a full 13%, without round down to the nearest whole number, of the total units due to its small size or other mitigating factor, the developer must obtain the written approval of the DCA and the Municipal Housing Liaison for any modification of those provisions. Because the requirements of N.J.A.C. 5:80-26.4 are an aggregate municipal obligation, prior to applying for any construction permit for an affordable housing development, the developer shall submit a proposed income and bedroom distribution plan of the affordable housing development to the Municipal Housing Liaison for review and approval. The Municipal Housing Liaison may reject or require modifications to the income and bedroom distribution if the Township is deficient in any bedroom type or income type, based on the need of the Township, as determined on the date of submission of the proposed income and bedroom distribution plan by the developer to ensure municipal compliance with the bedroom and income distribution requirements of N.J.A.C. 5:80-26.4. Once approved by the Municipal Housing Liaison, the developer shall fully comply with the bedroom and income distribution plan and shall confirm compliance with the same by submitting the following to the Administrative Agent, who shall, upon request of the Municipal Housing Liaison, provide a copy of the same to the Municipal Housing Liaison:
(a)
Site plan, architectural plan, or other plan that identifies the location of each affordable unit, if subject to the site plan approval, settlement agreement, or other applicable document regulating the location of affordable units. The administrative agent shall determine the location of affordable units if not set forth in the site plan approval, settlement agreement, or other applicable document.
(b)
The total number of units in the project and the number of affordable units.
(c)
The breakdown of the affordable units by or identification of affordable unit locations by bedroom count and income level, including street addresses/unit numbers, if subject to the site plan approval, settlement agreement, or other applicable document regulating the breakdown of affordable units. The administrative agent shall determine the bedroom and income distribution if not set forth in the site plan approval, settlement agreement, or other applicable document.
(d)
Floor plans of all affordable units, including complete and accurate identification of all rooms and the dimensions thereof.
(5)
Accessibility requirements:
(a)
All new construction in an affordable housing development for which an application for a construction permit has not been declared complete by the Township Construction Official on or before October 12, 2005 shall comply with the adaptability requirements set forth in N.J.S.A. 52:27D-123.15.
(b)
The first floor of all new restricted units that are townhouse dwelling units or multistory dwelling units 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. All restricted units that are townhouse dwelling units or restricted multistory dwelling units attached to at least one other dwelling unit shall have the following features:
[1]
An adaptable toilet and bathing facility on the first floor;
[2]
An adaptable kitchen on the first floor;
[3]
An interior accessible route of travel on the first floor;
[a]
An interior accessible route of travel shall not be required between stories within an individual dwelling unit;
[4]
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 that is compliant with the Barrier Free Subcode; and
[5]
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:
[a]
Where a affordable unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the affordable unit, an accessible entrance shall be installed.
[b]
Where the developer proposes to provide a barrier free escrow in lieu of providing an accessible entrance, pursuant to N.J.S.A. 52:27D-123.15, prior to applying for a Certificate of Occupancy for any affordable unit or market rate unit within an affordable housing development, the developer shall deposit funds within the Township of Galloway's Affordable Housing Trust Fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.
[c]
The funds deposited under Subsection C(5)(b)[5][b] 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 affordable unit and requires an accessible entrance.
[d]
The developer of the affordable 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 Galloway.
[e]
Once the Construction Official has determined that the design plan to convert the affordable 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 Galloway'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.
[f]
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 by the Township Engineer in compliance with the standards set forth in N.J.S.A. 52:27D-123.15 and the Barrier Free Subcode, N.J.A.C. 5:23-7. A developer seeking a determination of impracticability shall submit to the Township Engineer, with a copy to the Municipal Housing Liaison, a site plan, floor plans, and a detailed explanation as to which portions of the Barrier Free Subcode, N.J.A.C. 5:23-7 are impractical and why compliance is impracticable. If full compliance with N.J.S.A. 52:27D-123.15 would be site impracticable, compliance with N.J.S.A. 52:27D-123.15 for any portion of the affordable unit shall be required to the extent that it is not site impracticable. Any developer seeking a site impracticability determination must obtain the same prior to applying for any construction permit for the affordable housing development.
(6)
Maximum rents and sales prices.
(a)
In establishing rents and sales prices of affordable housing units, the Administrative Agent shall follow the procedures set forth in UHAC utilizing the regional income limits for Region 6 and the requirements set forth in this Chapter. The Administrative Agent shall submit annually to the Municipal Housing Liaison on or before December 31 each year the annual rents for each rental restricted unit within an affordable housing development. The maximum rent for rental restricted units, transitional housing units, special needs housing units and supportive housing units within each affordable housing development shall comply with the following:
[1]
The average rent for all affordable units within each affordable housing development is affordable to households earning no more than 52% of median income for Region 6.
[2]
The maximum rent for all affordable units within each affordable housing development is affordable to households earning no more than 60% of regional median income for Region 6. A maximum rent affordable to households earning no more than 70% of regional median income for Region 6 for moderate-income units within affordable housing developments may be utilized where very-low-income units compose at least 13% of the affordable units, provided that the number of affordable units with rent affordable to households earning 70% of regional median income for Region 6 may not exceed the number of very-low-income units in excess of 13% of the restricted units.
[3]
The developers and municipal sponsors of restricted rental units shall establish at least one rent for each bedroom count for very-low-income units, low-income units, and moderate-income units, provided that at least 13% of all affordable units shall be affordable to very-low-income households. These very-low-income units shall be part of the low-income requirement and very-low-income units should be distributed between each bedroom count as proportionally as possible, to the nearest whole unit, to the total number of restricted units within each bedroom count.
[4]
The establishment of all initial rent and all rent increases shall comply with N.J.A.C. 5:80-26.13.
(b)
Tenant-paid utilities that are included in the utility allowance shall be so specifically listed in the lease and a copy of the most recent utilities chart at the time of lease-up used to determine utility allowance shall be provided to the tenant at the time of lease-up. Allowance for utilities must be consistent with the utility allowance calculated pursuant to N.J.A.C. 5:80-26.13(e).
(c)
The maximum sales price of ownership restricted units within each affordable housing development shall be affordable to households earning no more than 70% of median income for Region 6, and each affordable housing development containing ownership restricted units must achieve an affordability average of 55% for ownership restricted units; in achieving this affordability average, moderate-income units must be available for at least three different prices for each bedroom type, and low-income units must be available for at least two different prices for each bedroom type.
(d)
In determining the maximum sales prices and rents for compliance with the affordability average requirements for affordable units other than age-restricted units and assisted living facilities, the following standards shall be met:
[1]
A studio or efficiency unit shall be affordable to a one-person household;
[2]
A one-bedroom unit shall be affordable to a one-and-one-half-person household;
[3]
A two-bedroom unit shall be affordable to a three-person household;
[4]
A three-bedroom unit shall be affordable to a four-and-one-half-person household; and
[5]
A four-bedroom unit shall be affordable to a six-person household.
(e)
In determining the maximum sale prices and rents for compliance with the affordability average requirements for affordable units that are age-restricted units and assisted living facilities, the following standards shall be met:
(f)
The initial purchase price and the maximum resale price for all ownership restricted units shall be calculated in accordance with the requirements of N.J.A.C. 5:80-26.7, as may be amended and supplemented, and shall be subject to the limitations on indebtedness set forth in N.J.A.C. 5:80-26.9. In computing reginal income limits, the Administrative Agent shall use the median family incomes published for counties within Region 6. The initial purchase price and the maximum resale price are be subject to the affordability average requirement at N.J.A.C. 5:80-26.4, which shall be initially determined by the Administrative Agent and approved by the Municipal Housing Liaison prior to closing.
(g)
Initial rents and initial sale prices shall be determined in accordance with N.J.A.C. 5:80-26.4(i) or (j) as applicable, and in accordance with N.J.A.C. 5:80-26.13.
D.
Condominium and homeowners' association fees. When calculating initial sale prices, condominium fees, homeowner association fees and special assessments shall be calculated in accordance with the requirements of N.J.A.C. 5:80-26.7(e), as may be amended and supplemented.
E.
Developers and/or owners of affordable housing development shall provide the following to the Administrative Agent prior to applying for any construction permit for the affordable housing development:
(1)
For affordable housing developments that contain ownership restricted units, the following:
(a)
Site plan, architectural plan, or other plan that identifies the location of each affordable.
(b)
The breakdown of the affordable units by or identification of affordable unit locations by bedroom count and income level, including street addresses/unit numbers, if subject to the site plan approval, settlement agreement, or other applicable document regulating the breakdown of affordable units.
(c)
Floor plans of all affordable units, including complete and accurate identification of all rooms and the dimensions thereof.
(d)
A projected construction schedule.
(e)
The location of any common areas and elevators.
(f)
The name of the person who will be responsible for official contact with the administrative agent for the duration of the project, which must be updated if the contact changes.
(g)
Proposed pricing for all affordable units, including any purchaser options and add-on items.
(h)
Condominium or homeowner association fees and any other applicable fees.
(i)
Estimated real property taxes.
(j)
Sewer, water, trash disposal, and any other utility assessments.
(k)
Flood insurance requirement, if applicable.
(l)
The State-approved planned real estate development public offering statement and/or master deed, where applicable, as well as the full build-out budget.
(2)
For affordable housing developments that contain rental restricted units, the following:
(a)
Site plan, architectural plan, or other plan that identifies the location of each affordable.
(b)
The breakdown of the affordable units by or identification of affordable unit locations by bedroom count and income level, including street addresses/unit numbers, if subject to the site plan approval, settlement agreement, or other applicable document regulating the breakdown of affordable units.
(c)
Floor plans of all affordable units, including complete and accurate identification of all rooms and the dimensions thereof.
(d)
A projected construction schedule.
(e)
The location of any common areas and elevators.
(f)
The name of the person who will be responsible for official contact with the administrative agent for the duration of the project, which must be updated if the contact changes.
(g)
A description of any applicable fees.
(h)
A description of the types of utilities and which utilities will be included in the rent.
(i)
A proposed form of lease for any rental units.
F.
Restricted unit controls and requirements. The requirements of this section apply to all developments that contain restricted units, including any currently unanticipated future developments that will provide restricted units.
G.
Rehabilitation. The Township shall undertake a rehabilitation program in accordance with the adopted Rehabilitation Manual. The Rehabilitation Manual is available for inspection in the Office of the Municipal Housing Liaison. The rehabilitation program shall be designed to renovate deficient housing units occupied or intended to be occupied by very-low-income households, low-income households and moderate-income households. Households determined to be very-low-income households, low-income households and moderate-income households may participate in a rehabilitation program if they occupy a deficient housing unit that is an ownership restricted unit, subject to the requirements set forth in the Rehabilitation Manual. The Township shall designate one or more Administrative Agents to administer the rehabilitation program.