[HISTORY: Adopted by the Mayor and Council of the Borough
of Buena 11-13-2006 by Ord. No. 541. Amendments noted where applicable.]
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.
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.
A.
Affordable housing developments which are not limited to age-restricted
households shall be structured in conjunction with realistic market
demands so that:
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.
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:
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:
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.
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.
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.
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.
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.
Upon resale of an affordable unit, a certificate of reoccupancy
shall be required in accordance with N.J.A.C. 5:80-26.10.
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%
|
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.
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.
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).
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.
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.
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.
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:
(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.
(5)
The following is the location of applications, brochure(s), sign(s)
and/or poster(s) used as part of the affirmative marketing program:
(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:
(b)
Applications shall be mailed to prospective applicants upon
request. Also, applications shall be available at the developer's
sales/rental office.
