Borough of Buena, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Buena 11-13-2006 by Ord. No. 541. Amendments noted where applicable.]
GENERAL REFERENCES
Housing Authority — See Ch. 24.
Municipal Housing Liaison — See Ch. 35, Art. XXV.
Occupancy permits — See Ch. 82.
Uniform construction codes — See Ch. 88.

§ 60-1 Intent.

This chapter sets forth requirements for the low- and moderate-income housing units in the Borough consistent with the provisions known as the "Substantive Rules of the New Jersey Council on Affordable Housing for the period beginning December 20, 2004," N.J.A.C. 5:94 et seq.; the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq.; and the Borough's constitutional obligation to provide a fair share of affordable housing for low- and moderate-income households. These regulations are also intended to provide assurances that low- and moderate-income units (the "affordable units") are created with controls on affordability over time and that low- and moderate-income people occupy these units. These requirements shall apply except where inconsistent with applicable law.

§ 60-2 Proportion of low- and moderate-income units by sale, rental and number of bedrooms.

Except for affordable housing developments constructed pursuant to low-income tax credit regulations:
A. 
At least half of the "for sale" affordable units within each affordable housing development shall be affordable to low-income households.
B. 
At least half of the "rental" affordable units within each affordable housing development shall be affordable to low-income households.
C. 
At least half of the affordable units in each bedroom distribution within each affordable housing development shall be affordable to low-income households.

§ 60-3 Bedroom distribution of affordable units.

A. 
Affordable housing developments which are not limited to age-restricted households shall be structured in conjunction with realistic market demands so that:
(1) 
The combination of efficiency and one-bedroom units is no greater than 20% of the total number of affordable units.
(2) 
At least 30% of all affordable units shall be two-bedroom units.
(3) 
At least 20% of all affordable units shall be three-bedroom units.
B. 
Affordable housing developments that are limited to age-restricted households shall, at a minimum, have a total number of bedrooms equal to the number of age-restricted affordable units within the affordable housing development. The standard may be met by creating all one-bedroom units or by creating a two-bedroom unit for each efficiency unit.

§ 60-4 Establishment of rents and prices of units.

A. 
In conjunction with realistic market information, the following shall be used to determine maximum rents and sale prices of the affordable units:
(1) 
Efficiency units shall be affordable to one-person households.
(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.
(5) 
A four-bedroom unit shall be affordable to a six-person household.
B. 
For assisted living facilities, the following standards shall be used:
(1) 
A studio 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 two-person household or to two one-person households.
C. 
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:
(1) 
Provide an occupant for each unit bedroom;
(2) 
Provide children of different sex with separate bedrooms; and
(3) 
Prevent more than two persons from occupying a single bedroom.

§ 60-5 Establishing median income by household size.

Median income by household size shall be established using a regional weighted average of the uncapped Section 8 income limits published by HUD computed as set forth in N.J.A.C. 5:94-7.2.

§ 60-6 Establishing average rents of affordable units.

A. 
The maximum rent of affordable units within each affordable housing development shall be affordable to households earning no more than 60% of median income. The average rent for low- and moderate-income units shall be affordable to households earning no more than 52% of median income. Restricted rental units shall establish at least one rent for each bedroom type for all low- and moderate-income units, provided that at least 10% of all low- and moderate-income units are affordable to households earning no more that 35% of median income.
B. 
Low- and moderate-income units shall utilize the same heating source as market units within an inclusionary development.
C. 
Gross rents including an allowance for utilities shall be established for the various size affordable units at a rate not to exceed 30% of the gross monthly income of the appropriate household size as set forth in § 60-4 above. The allowance for utilities shall be consistent with the utility allowance approved by the New Jersey Department of Community Affairs (DCA) for use in its Section 8 Program.
D. 
No affordable rental units included in the COAH requirement shall be subject to a rent control ordinance which may be adopted or in place in the Borough of Buena during the time period in which affordable housing COAH controls are effective.

§ 60-7 Establishing average sales prices of affordable units.

A. 
The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70% of median income. Each affordable development must achieve an affordability average of 55% for restricted ownership units. Moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type.
B. 
Low- and moderate-income units shall utilize the same heating source as market units within an inclusionary development.
C. 
The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying costs of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowners' association fees do not exceed 28% of the eligible monthly income of an appropriate household size as determined under N.J.A.C. 5:80-26.4; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3.

§ 60-8 Condominium or homeowners' association fees.

If an affordable housing unit is part of a condominium association or homeowners' association, the master deed shall reflect that the assessed affordable homeowner's fee be established at 100% of the market rate fee. This percentage assessment shall be recorded in the Master Deed.

§ 60-9 Reservation of units.

A. 
Low-income housing units shall be reserved for households with a gross household income equal to or less than 50% of the median income approved by COAH.
B. 
Moderate-income housing units shall be reserved for households with a gross household income in excess of 50% but less than 80% of the median income approved by COAH.

§ 60-10 Reoccupancy certificates.

Upon resale of an affordable unit, a certificate of reoccupancy shall be required in accordance with N.J.A.C. 5:80-26.10.

§ 60-11 Phasing of construction.

Final site plan or subdivision approval 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 in two or more stages:
Minimum Percentage of Low- and Moderate-Income Units Completed
Percentage of Market Housing Units
0
25%
10
25% plus 1 unit
50
50%
75
75%
100
90%

§ 60-12 Control period for affordable housing.

Any conveyance of a newly constructed low or moderate income sales unit shall contain the restrictive covenants and liens that are set forth in N.J.A.C. 5:80-26 et seq.

§ 60-13 Construction standards.

Any new construction for which an application for a construction permit has not been declared complete before October 1, 2006 (the effective date of N.J.S.A. 52:27D-123.15) and for which affordable housing credit is sought after that date must be constructed in compliance with the technical design standards of the barrier-free subcode of the State Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.). In buildings without elevator service, only ground-floor dwelling units must be so constructed in order to be eligible for COAH credit. Notwithstanding the exemption for townhouse dwelling units in the barrier-free subcode, the first floor of all townhouse dwelling units and of all other multistory dwelling units for which affordable housing credit is sought on or after the above-referenced date and for which an application for a construction permit has not been declared complete must be subject to the technical design standards of the barrier-free subcode and must include the following features:
A. 
An adaptable entrance to the dwelling unit;
B. 
An adaptable full-service bathroom on the first floor;
C. 
An adaptable kitchen on the first floor;
D. 
An accessible interior route of travel; and
E. 
An adaptable room with a door or a casing where a door can be installed which may be used as a bedroom on the first floor.

§ 60-14 Administration.

A. 
Buena Borough is ultimately responsible for administering the affordable housing program, including affordability controls and the affirmative marketing plan in accordance with the regulations of the Council on Affordable Housing pursuant to N.J.A.C. 5:94 et seq. and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq.
B. 
Buena Borough has delegated to the Housing Officer this responsibility for administering the affordable housing program, including administering and enforcing the affordability controls and the affirmative marketing plan of Buena Borough in accordance with the provisions of this section, the regulations of the Council on Affordable Housing pursuant to N.J.A.C. 5:94 et seq. and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq. Buena Borough shall, by resolution, appoint the Affordable Housing Coordinator as the Housing Officer.
C. 
Subject to COAH approval, Buena Borough may contract with one or more administrative agents to administer some or all of the affordability controls and/or the affirmative marketing plan in accordance with this section, the regulations of the Council on Affordable Housing pursuant to N.J.A.C. 5:94 et seq. and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq. If Buena Borough enters into such a contract, the Housing Officer shall supervise the contracting administrative agent(s) and shall serve as liaison to the contracting administrative agent(s).

§ 60-15 Time period for controls.

A. 
Newly constructed low- and moderate-income "rental" units shall remain affordable to low- and moderate-income households for a period of not less than 30 years.
B. 
Newly constructed low- and moderate-income "for sale" units shall remain affordable to low- and moderate-income households for a period of not less than 30 years.
C. 
Rehabilitated owner-occupied single-family housing units that are improved to code standard shall be subject to affordability controls for 10 years.
D. 
Rehabilitated renter-occupied housing units that are improved to code standard shall be subject to affordability controls for at least 10 years.
E. 
Housing units created through conversion of a nonresidential structure shall be considered a new housing unit and shall be subject to affordability controls for new housing units as designated in Subsections A and B above.
F. 
Affordability controls on accessory apartments shall be for a period of not less than 30 years.
G. 
Affordability controls for units in alternative living arrangements shall be for a period of not less than 30 years.
H. 
Affordability controls on buy-down units shall be for a period of not less than 30 years.

§ 60-16 Selection of occupants.

A. 
The administrative agent shall use a random selection process to select occupants of low- and moderate-income housing.
B. 
A waiting list of all eligible candidates will be maintained in accordance with the provisions contained in N.J.A.C. 5:80-26 et seq.
C. 
Households who live or work in COAH's Housing Region 6 consisting of Atlantic County, Cape May County, Cumberland County and Salem County shall be given preference for sales and rental units constructed within this housing region. Applicants living outside this housing region will have an equal opportunity for units after regional applicants have been initially serviced.

§ 60-17 Affirmative marketing plan.

A. 
In accordance with the regulations of COAH pursuant to N.J.A.C. 5:94 et seq. and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq., Buena Borough adopted an affirmative marketing plan.
B. 
All affordable housing units shall be marketed in accordance with the provisions therein.
C. 
The Borough of Buena has a third round growth share obligation. This subsection shall apply to all developments that contain proposed low- and moderate-income units and any future developments that may occur.
D. 
In implementing the marketing program, the administrative agent shall undertake all of the following strategies:
(1) 
Publication of one advertisement in a newspaper of general circulation within the housing region.
(2) 
Broadcast of one advertisement by a radio or television station broadcasting throughout the housing region.
(3) 
At least one additional regional marketing strategy using one of the other sources listed below.
E. 
The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer or sponsor of affordable housing. The affirmative marketing plan is also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward the COAH housing region in which the municipality is located and covers the period of deed restriction. The Borough of Buena is in the housing region consisting of Atlantic County, Cape May County, Cumberland County and Salem County. The affirmative marketing program is a continuing program and shall meet the following requirements:
(1) 
All newspaper articles, announcements and requests for applications for low- and moderate-income units shall appear in the following daily regional newspaper/publication:
(a) 
Press of Atlantic City.
(b) 
Atlantic County Record.
(2) 
The primary marketing shall take the form of at least one press release sent to the above publication and a paid display advertisement in the above newspaper. Additional advertising and publicity shall be on an "as needed" basis. The advertisement shall include a description of the:
(a) 
Location of the units;
(b) 
Direction to the units;
(c) 
Range of prices for the units;
(d) 
Size, as measured in bedrooms, of units;
(e) 
Maximum income permitted to qualify for the units;
(f) 
Location of applications;
(g) 
Business hours when interested households may obtain an application; and
(h) 
Application fees, if any.
(3) 
All newspaper articles, announcements and requests for applications for low- and moderate-income housing shall appear in the following neighborhood oriented weekly newspaper within the region:
(a) 
Press of Atlantic City.
(b) 
Atlantic County Record.
(4) 
The following regional cable television station or regional radio station shall be used:
(a) 
Local cable access channel.
(b) 
Local radio stations: WPUR 107.3, Atlantic City; WFPG 1450 AM.
(5) 
The following is the location of applications, brochure(s), sign(s) and/or poster(s) used as part of the affirmative marketing program:
(a) 
Buena Borough Municipal Building.
(b) 
Buena Borough Public Library.
(c) 
Libraries in Atlantic County, Cape May County, Cumberland County and Salem County.
(d) 
Buena Borough website.
(6) 
Quarterly flyers and applications.
(a) 
Quarterly flyers and applications shall be sent to each of the following agencies for publication in their journals and for circulation among their members:
[1] 
Atlantic County Board of Realtors.
[2] 
Cape May County Board of Realtors.
[3] 
Cumberland County Board of Realtors.
[4] 
Salem County Board of Realtors.
(b) 
Applications shall be mailed to prospective applicants upon request. Also, applications shall be available at the developer's sales/rental office.