This article of the Byram Township Code sets forth regulations
regarding very-low-, low-, and moderate-income housing units in Byram
Township that are consistent with the provisions of N.J.A.C. 5:93-1
et seq., as effective on June 6, 1994. These rules are pursuant to
the Fair Housing Act of 1985 and Byram Township's constitutional obligation
to provide for its fair share of very-low-, low-, and moderate-income
housing.
Inclusionary developments that are not restricted to senior
citizens will be structured in conjunction with realistic market demands
so that:
A. The combination of efficiency and one-bedroom units is at least 10%
and no greater than 20% of the total very low-, low-, and moderate-income
units;
B. At least 30% of all very low-, low-, and moderate-income units are
two-bedroom units;
C. At least 20% of all very low-, low-, and moderate-income units are
three-bedroom units; and
D. Very low-, low-, and moderate-income units restricted to senior citizens
may utilize a modified bedroom distribution. At a minimum, the number
of bedrooms will equal the number of senior citizen very low-, low-,
and moderate-income units within the inclusionary development.
A Development Fee Ordinance was adopted by Byram Township on March 4, 2002, and approved by COAH. See Article
XIII, Development Fees, in Chapter
215 of the Byram Township Code.
Section 14(b) of the Fair Housing Act, N.J.S.A. 52:27D-301 et
seq., incorporates the need to eliminate unnecessary cost-generating
features from Byram Township's land use ordinances. Accordingly, Byram
Township will eliminate development standards that are not essential
to protect the public welfare and to expedite or fast track municipal
approvals/denials on inclusionary development applications. Byram
Township will adhere to the components of N.J.A.C. 5:93-10.1 through
5:93-10.3.
As adjusted pursuant to Settlement Agreement with the Fair Share
Housing Center dated September 7, 2016, Byram's rehabilitation share
is 13 units and Prior Round obligation is 33 units. Per the Kinsey
Report as revised July 2016 and as adjusted pursuant to the Settlement
Agreement dated September 7, 2016, Byram Township has a Third Round
Prospective Need of 182 units. Byram Township has a realistic development
potential ("RDP") in the Highlands Council Planning Area ("the Planning
Area") of one affordable housing unit. This article will apply to
all developments constructed in Byram Township that contain very low-,
low-, and moderate-income units and any future inclusionary developments
that may occur in the Township's Village Center District.