This section of the "Code of the Township of Readington" shall
be known as the "Affordable Housing Ordinance of the Township of Readington."
The Township shall comply with the following monitoring and
reporting requirements regarding the status of the implementation
of its Court-approved Housing Element and Fair Share Plan:
A. Beginning on July 19, 2019, and on every anniversary of that date
through July 19, 2025, the Township agrees to provide annual reporting
of its Affordable Housing Trust Fund activity to the New Jersey Department
of Community Affairs ("NJDCA"), Council on Affordable Housing ("COAH"),
or Local Government Services ("NJLGS"), or other entity designated
by the State of New Jersey, with a copy provided to FSHC and posted
on the municipal website, using forms developed for this purpose by
the NJDCA, COAH, or NJLGS. 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 19, 2019, and on every anniversary of that date
through July 19, 2025, the Township agrees to 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 FSHC, using forms previously developed for this purpose
by COAH or any other forms endorsed by the Special Master and FSHC.
C. By July 1, 2020, as required pursuant to N.J.S.A. 52:27D-313, the
Township will post on its municipal website, with a copy provided
to FSHC, a status report as to its implementation of its 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 FSHC, regarding whether any sites no longer present a realistic
opportunity. Any interested party may by motion request a hearing
before the Court regarding these issues.
D. As part of its annual reporting and midpoint review reporting, the
Township will include annual reports as to changes in circumstances
relative to sewer including any already existing or anticipated increase
in capacity through reclaimed sewer or plant expansion; and reporting
on applications for existing or anticipated capacity.
E. By July 19, 2022, and every third year thereafter, as required by
N.J.S.A. 52:27D-329.1, the Township will post on its municipal website,
with a copy provided to FSHC, 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 FSHC on the issue of whether the
municipality has complied with its very-low-income and family very-low-income
housing obligations.
[Amended 11-16-2020 by Ord. No. 32-2020]
A. Any multifamily development, including single-family attached residential
development, providing a minimum of five new housing units created
through any Planning Board action on subdivision or site plan applications;
municipal rezoning; Zoning Board use or density variance; redevelopment
plan or rehabilitation plan with a minimum density of six units per
acre is required to include a minimum affordable housing set-aside
of 20%.
B. In each development that includes affordable housing, 13% of the
restricted units overall shall be very-low-income units, and these
very-low-income units may be counted toward the 50% low-income requirement.
The very-low-income units shall be provided as follows: in developments
that produce one very-low-income unit, the very-low-income unit shall
be a two- or three-bedroom unit; in developments that produce two
very-low-income units, no more than one of the very-low-income units
may be a one-bedroom unit; and in developments that produce three
or more very-low-income units, an equal number of very-low-income
units shall be provided within each bedroom distribution, and any
additional very-low-income units shall be two- or three-bedroom unit.
C. All such affordable units, including bedroom distribution, shall
be governed by the controls on affordability and affirmatively marketed
in conformance with UHAC, N.J.A.C. 5:80-26.1 et seq., or any successor
regulation, and all other applicable law.
D. No subdivision shall be permitted or approved for the purpose of
avoiding compliance with this requirement. Developers cannot, for
example, subdivide a project into two lots and then make each of them
a number of units just below the threshold.
E. This requirement does not give any developer the right to any such
rezoning, variance or other relief, or establish any obligation on
the part of the Township to grant such rezoning, variance or other
relief.
F. This Township-wide mandatory set-aside requirement does not apply
to any sites or specific zones otherwise identified in the Township's
Settlement Agreement with FSHC or Fair Share Plan, for which density
and set-aside requirements shall be governed by the specific standards
as set forth therein. The Township shall maintain this mandatory set-aside
provision through at least July 8, 2025 at which time the Township
may determine to extend the applicability of the provision.
In inclusionary developments the following schedule shall be
followed:
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%
|
In referring certified households to specific restricted units,
the Administrative Agent shall, to the extent feasible and without
causing an undue delay in the occupancy of a unit, strive to:
A. Provide an occupant for each bedroom;
B. Provide children of different sexes with separate bedrooms;
C. Provide separate bedrooms for parents and children; and
D. Prevent more than two persons from occupying a single bedroom.
Price restrictions for restricted ownership units shall be in
accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
including:
A. The initial purchase price for a restricted ownership unit shall
be approved by the Administrative Agent.
B. The Administrative Agent shall approve all resale prices, in writing
and in advance of the resale, to assure compliance with the foregoing
standards.
C. The master deeds of inclusionary developments shall provide no distinction
between the condominium or homeowner association fees and special
assessments paid by low- and moderate-income purchasers and those
paid by market purchasers.
D. The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of anticipated capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom. (See §
148-117.4, Capital improvements to ownership units.)
Appeals from all decisions of an Administrative Agent appointed
pursuant to this article shall be filed in writing as an action in
lieu of prerogative writ in the Superior Court, Law Division in the
County with jurisdiction over the Township's affordable housing proceedings,
or in such other manner as the Superior Court may direct.