[Added 6-12-2014 by Ord. No. 2014-22]
A.
The purpose of this article is to address the municipal affordable
housing obligation of the Borough of Fort Lee ("the Borough" or "Fort
Lee"), as prescribed by the New Jersey Supreme Court in Southern Burlington
County, N.A.A.C.P. v. Township of Mount Laurel, 92 N.J. 158 (1983)
("Mount Laurel II"), and Southern Burlington County N.A.A.C.P. v.
Township of Mount Laurel, 67 N.J. 151, cert, denied, 423 U.S. 808
(1975) ("Mount Laurel I"), and codified in the Fair Housing Act ("the
Act"), N.J.S.A. 52:27D-301 et seq., which requires that every municipality
has a constitutional obligation to provide for its fair share of its
region's need for affordable housing.
B.
The Fort Lee Planning Board has adopted a Housing Element and Fair
Share Plan pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq., which has been endorsed by the governing body, and is pending
review by the Council on Affordable Housing (COAH) as provided by
the Act. The Fair Share Plan sets forth some of the means by which
the Borough may address its affordable housing obligation as determined
by COAH in its regulations, the current version of which is referred
to as the "Third Round Rules."
C.
However because the Supreme Court has invalidated the Third Round
Rules in their entirety, and directed COAH to draft new rules, In
the Matter of the Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey
Council on Affordable Housing, 215 N.J. 578 (2013), there exists uncertainty,
at least for the period during which new rules are being promulgated
and judicially considered, regarding the determination of the municipal
affordable housing obligation generally and for Fort Lee particularly.
D.
Consequently the Borough has determined to address its obligation
through enactment of a Borough-wide inclusionary development ordinance
which requires a ten-percent set-aside of affordable housing for residential
developments of three and more units while affording compensating
incentives.
E.
The provisions of the Borough's extant zoning ordinances requiring
a set-aside of affordable housing for development in the R-7A Mid-Rise
Residential Zone; R-10A High-Rise Apartment Residential Zone; R-12
High-Rise Apartment Residential Zone; and C-1A Planned Business District
are repealed. The Borough's residential development fee ordinance
is also repealed.
F.
The Borough shall file monitoring reports with COAH in accordance
with N.J.A.C. 5:96, tracking the status of the implementation of the
Housing Element and Fair Share Plan. Any plan evaluation report of
the Housing Element and Fair Share Plan and monitoring prepared by
COAH in accordance with N.J.A.C. 5:96 shall be available to the public
at the Municipal Building, Municipal Clerk's Office, 309 Main Street,
Fort Lee, New Jersey, or from COAH at 101 South Broad Street, Trenton,
New Jersey and on COAH's website, www.nj.gov/dca.
G.
This article shall be subject to amendment or repeal without any
further action by the Borough to the extent it is, in whole or in
part, inconsistent with any ruling issued by any court, valid regulations
issued by COAH or any legislative enactment.
The following terms when used in this article shall have the
meanings given in this section. Terms not defined in this section
shall have the meanings, if any, provided in N.J.A.C. 5:96 and N.J.A.C.
5:97.
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site.
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.)
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity responsible for the administration of affordable
units in accordance with this article, N.J.A.C. 5:96, N.J.A.C. 5:97
and N.J.A.C. 5:80-26.1 et seq.
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent within the means of a low- or moderate-income
household as defined in N.J.A.C. 5:97-9; in the case of an ownership
unit, that the sales price for the unit conforms to the standards
set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented,
and, in the case of a rental unit, that the rent for the unit conforms
to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended
and supplemented.
A housing development all or a portion of which consists
of restricted units.
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a one-hundred-percent affordable
development.
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited
pursuant to N.J.A.C. 5:97-4, and/or funded through an affordable housing
trust fund.
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 housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that:
All the residents of the development where the unit is situated
are 62 years or older; or
At least 80% of the units are occupied by one person that is
55 years or older; or
The development has been designated by the Secretary of the
United States Department of Housing and Urban Development as "housing
for older persons" as defined in Section 807(b)(2) of the Fair Housing
Act, 42 U.S.C. § 3607.
A facility licensed by the New Jersey Department of Health
and Senior Services 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
and that offers units containing, 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 low-income household or moderate-income household.
The Council on Affordable Housing of the State of New Jersey,
that was established under the New Jersey Fair Housing Act, N.J.S.A.
52:27D-301 et seq.
A housing unit with health and safety code violations that
require the repair or replacement of a major system. A major system
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load bearing structural systems.
Any person, partnership, association, company or corporation
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 term "developer" shall be deemed
to include a redeveloper under the Local Housing and Redevelopment
Law, N.J.S.A. 40A:12A-1, et seq.
The construction, reconstruction, replacement, conversion,
structural alteration, relocation, or enlargement of any use or change
in the use of any building or other structure, 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.
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 nonresidential structure to
residential and the creation of new affordable units through the reconstruction
of a vacant residential structure.
A household with a total gross annual household income equal
to 50% or less of the median household income.
A restricted 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.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable county,
as adopted annually by the Department.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income
household.
The maximum housing value, in each housing region, affordable
to a four-person household with an income at 80% of the regional median
as defined by the Council's adopted Regional Income Limits as published
annually by the Council.
The repair, renovation, alteration, weatherization or reconstruction
of any building or structure, pursuant to the Rehabilitation Subcode,
N.J.A.C. 5:23-6.
The gross monthly cost of a rental 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, whether a rental unit or ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income.
A restricted unit that is affordable to a very low-income
household.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for rehabilitation.
The Borough has determined that every residential development
in excess of three units shall provide for affordable housing as set
forth in this article.
The Borough has determined that it will use the following mechanisms
to satisfy its affordable housing obligations:
A.
Rehabilitation Program. The purpose of the Borough's rehabilitation
program is to renovate deficient housing units that are occupied by
low- and moderate-income households. The provisions and requirements
set forth in N.J.A.C. 5:97-6.2 shall govern the Borough's rehabilitation
program.
(1)
The Borough's rehabilitation program shall be designed to renovate
deficient housing units occupied by low- and moderate-income households
such that, after rehabilitation, these units will comply with the
New Jersey State Housing Code pursuant to N.J.A.C. 5:28.
(2)
Both owner-occupied and renter-occupied units shall be eligible for
rehabilitation funds.
(3)
All rehabilitated units shall remain affordable to low- and moderate-income
households for a period of 10 years (the control period). For owner-occupied
units the control period will be enforced with a lien, and for renter-occupied
units the control period will be enforced with a deed restriction.
(4)
The Borough shall dedicate a minimum of $10,000 for each unit to
be rehabilitated through this program, reflecting the minimum hard
cost of rehabilitation for each unit.
(5)
The Borough shall adopt a resolution committing to fund any shortfall
in the rehabilitation programs for the Borough.
(6)
The Borough shall designate, subject to the approval of COAH, one
or more administrative agents to administer the rehabilitation program
in accordance with N.J.A.C. 5:96 and N.J.A.C. 5:97. The administrative
agent(s) shall provide a rehabilitation manual for the owner occupancy
rehabilitation program and a rehabilitation manual for the rental
occupancy rehabilitation program to be adopted by resolution of the
governing body and subject to approval of COAH. Both rehabilitation
manuals shall be available for public inspection in the office of
the Municipal Clerk and in the office(s) of the administrative agent(s).
(7)
Units in a rehabilitation program shall be exempt from N.J.A.C. 5:97-9
and Uniform Housing Affordability Controls (UHAC), but shall be administered
in accordance with the following:
(a)
If a unit is vacant, upon initial rental subsequent to rehabilitation,
or if a renter-occupied unit is re-rented prior to the end of controls
on affordability, the deed restriction shall require the unit to be
rented to a low- or moderate-income household at an affordable rent
and affirmatively marketed pursuant to N.J.A.C. 5:97-9 and UHAC.
(b)
If a unit is renter-occupied, upon completion of the rehabilitation,
the maximum rate of rent shall be the lesser of the current rent or
the maximum permitted rent pursuant to N.J.A.C. 5:97-9 and UHAC.
(c)
Rents in rehabilitated units may increase annually based on
the standards in N.J.A.C. 5:97-9.
(d)
Applicant and/or tenant households shall be certified as income-eligible
in accordance with N.J.A.C. 5:97-9 and UHAC, except that households
in owner occupied units shall be exempt from the regional asset limit.
B.
Accessory apartment program.
(1)
An accessory apartment is a self-contained residential dwelling unit
with a kitchen, sanitary facilities, sleeping quarters and a private
entrance, which is created within an existing home, or through the
conversion of an existing accessory structure on the same site, or
by an addition to an existing home or accessory building, or by the
construction of a new accessory structure on the same site. All accessory
apartments shall meet the following conditions:
(a)
Accessory apartments shall be permitted in the R-3 One- and
Two-Family Residential, the R-3A One- and Two-Family Residential,
and the R-4 One- and Two-Family Residential Districts and are permitted
by the Zoning Ordinance for various zoning districts, provided that
the units are affordable to low- and moderate-income households. Accessory
apartments may be developed as low-income or moderate-income units.
(Accessory apartments may be limited to only low- or only moderate-income
units as determined in the Fair Share Plan.)
(b)
Accessory apartments shall comply with all applicable statutes
and regulations of the State of New Jersey in addition to all building
codes.
(c)
At the time of initial occupancy of the unit and for at least
10 years thereafter, the accessory apartment shall be rented only
to a household which is either a low- or moderate-income household.
(d)
Rents of accessory apartments shall be affordable to low- or
moderate-income households as per COAH and UHAC regulations.
(e)
There shall be a recorded deed or declaration of covenants and
restrictions applied to the property upon which the accessory apartment
is located running with the land and limiting its subsequent rental
or sale of the unit and the accessory apartment.
(f)
The appropriate utility authority must certify that there is
water and sewer infrastructure with sufficient capacity to serve the
proposed accessory apartment. Where the proposed location is served
by an individual well and/or septic system, the additional capacity
necessitated by the new unit must meet the appropriate NJDEP standards.
(g)
The Borough accessory apartment program shall not restrict the
number of bedrooms in any accessory apartment.
(h)
No accessory apartment created as a result of this article or
these regulations shall exceed the gross floor area of the existing
principal dwelling on the lot.
(i)
Municipal building permit fees shall be waived in all cases
involving affordable accessory apartment development under this section.
An annual license and inspection fee, if required, shall be paid by
unit owners.
(2)
The maximum number of creditable accessory apartments shall be equal
to no more than 10 or an amount equal to 10% of the Borough's fair
share obligation, whichever is greater. (Additional units may be approved
by COAH if the municipality has demonstrated successful completion
of its accessory apartment program.)
(3)
The Borough shall designate an administrative entity to administer
the accessory apartment program that shall have the following responsibilities:
(a)
The administrative agent shall administer the accessory apartment
program, including advertising, income-qualifying prospective renters,
setting rents and annual rent increases, maintaining a waiting list,
distributing the subsidy, securing certificates of occupancy, qualifying
properties, handling application forms, filing deed restrictions and
monitoring reports and affirmatively marketing the affordable accessory
apartment program in accordance with the UHAC.
(b)
The administrative entity shall only deny an application for
an accessory apartment if the project is not in conformance with COAH's
requirements and/or the provisions of this section. All denials shall
be in writing with the reasons clearly stated.
(c)
In accordance with COAH requirements, the Borough shall provide
at least $25,000 per unit to subsidize the creation of each low-income
accessory apartment or $20,000 per unit to subsidize the creation
of each moderate-income accessory apartment. The subsidy may be used
to fund actual construction costs and/or to provide compensation for
reduced rental rates.
(4)
Property owners wishing to apply to create an accessory apartment
shall submit to the administrative entity:
(a)
A sketch of floor plan(s) showing the location, size and relationship
of both the accessory apartment and the primary dwelling within the
building or in another structure;
(b)
Rough elevations showing the modifications of any exterior building
facade to which changes are proposed; and
(c)
A site development sketch showing the location of the existing
dwelling and other existing buildings; all property lines; proposed
addition, if any, along with the minimum building setback lines; the
required parking spaces for both dwelling units; and any man-made
conditions which might affect construction.
C.
Market-to-affordable program.
(1)
A market-to-affordable program is established to permit the purchase
or subsidization of units through a written agreement with the property
owner and sold or rented to low- and moderate-income households. Subject
to the provisions of Subsection A(2)(c) below, the market-to-affordable
programs may produce both low- and moderate-income units (the program
may be limited to only low- or only moderate-income units as per the
Fair Share Plan).
(2)
The following provisions shall apply to market-to-affordable programs:
(a)
At the time they are offered for sale or rental, eligible units
may be new, preowned or vacant.
(b)
The units shall be certified to be in sound condition as a result
of an inspection performed by a licensed building inspector.
(c)
The municipality will provide a minimum of $25,000 per unit
to subsidize each moderate-income unit and/or $30,000 per unit to
subsidize the each low-income unit, with additional subsidy depending
on the market prices or rents in a municipality.
(d)
The maximum number of creditable market-to-affordable units
shall be equal to no more than 10 for sale units and 10 rental units
or a combined total of 10% of the fair share obligation, whichever
is greater. (Additional units may be approved by COAH if the municipality
demonstrates the successful completion of its initial market-to-affordable
program.)
(3)
The units shall comply with N.J.A.C. 5:97-9 and UHAC with the following
exceptions:
(a)
Bedroom distribution [N.J.A.C. 5:80-26.3(b) and (c)];
(b)
Low/moderate income split [N.J.A.C. 5:80-26.3(a)]; and
(c)
Affordability average [N.J.A.C. 5:80-26.3(d) and (e)]; however:
[1]
The maximum rent for a moderate-income unit shall be affordable
to households earning no more than 60% of median income, and the maximum
rent for a low-income unit shall be affordable to households earning
no more than 44% of median income; and
[2]
The maximum sales price for a moderate-income unit shall be
affordable to households earning no more than 70% of median income,
and the maximum sales price for a low-income unit shall be affordable
to households earning no more than 40% of median income.
D.
Supportive and special-needs housing unit program. All supportive
and special-needs housing units shall meet the following conditions:
(1)
Supportive and special-needs housing units shall be permitted in
the R-3 One- and Two-Family Residential, the R-3A One- and Two-Family
Residential, and the R-4 One- and Two-Family Residential Districts.
Supportive and special-needs housing includes, but is not limited
to, residential health care facilities as licensed and/or regulated
by DCA or the New Jersey Department of Health and Senior Services
if the facility is located with, and operated by, a licensed health
care facility; group homes for people with developmental disabilities
and mental illness as licensed and/or regulated by the New Jersey
Department of Human Services; permanent supportive housing; and supportive
shared living housing. Long-term health care facilities, including
nursing homes, and Class A, B, C, D, and E boarding homes do not qualify
as supportive and special-needs housing.
(2)
Supportive and special-needs housing shall comply with all applicable
statutes and regulations of the State of New Jersey in addition to
all building codes.
(3)
The following provisions shall apply to permanent supportive housing,
group homes, residential health care facilities and supportive shared
living housing:
(a)
The unit of credit shall be the unit for permanent and supportive
housing, but shall be the bedroom for group homes, residential health
care facilities and supportive shared living housing.
(b)
Housing that is age-restricted shall be included with the maximum
number of units that may be age-restricted pursuant to N.J.A.C. 5:97-3.8.
(c)
Units/occupancy shall not be restricted to youth under 18 years
of age.
(d)
All sites shall meet the site suitability criteria set forth
in N.J.A.C. 5:973.13.
(e)
The municipality or developer/sponsor shall have site control
or the ability to control the site(s).
(4)
The bedrooms and/or units shall comply with N.J.A.C. 5:97-9 and UHAC
with the following exceptions:
(a)
Affirmative marketing (N.J.A.C. 5:80-26.15); however, group
homes, residential health care facilities, permanent supportive housing
and supportive shared living housing shall be affirmatively marketed
to individuals with special needs in accordance with a plan approved
by the Council's Executive Director;
(b)
Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3);
and
(c)
With the exception of units established with capital funding
through a twenty-year operating contract with the Department of Human
Services, Division of Developmental Disabilities, group homes, residential
health care facilities, supportive shared living housing and permanent
supportive housing shall have the appropriate controls on affordability
in accordance with N.J.A.C. 5:97-9.
(5)
The following documentation shall be submitted prior to marketing
the completed units or facility:
(b)
If applicable, proof that the supportive and/or special-needs
housing is regulated by the New Jersey Department of Health and Senior
Services, the New Jersey Department of Human Services or another state
agency in accordance with the requirements of this section, which
includes validation of the number of bedrooms or units in which low-
or moderate-income occupants reside.
(6)
Municipal building permit fees shall be waived in all cases involving
permanent supportive housing, group homes, residential health care
facilities and supportive shared living housing development under
this section.
A.
Inclusionary set-aside. To ensure realistic opportunities for the
creation of affordable housing, all residential development of three
units or more within the Borough shall be required to provide and
set aside affordable housing units at a rate of one affordable unit
for every nine market rate units (a ten-percent set-aside). A fractional
obligation to provide for affordable housing shall be met by a payment
in lieu of construction as hereafter set forth. Due to the range of
permitted uses and the variety and complexity of permitted residential
densities within the Borough, the following provisions shall be applied
to all residential development required to provide an affordable housing
set-aside:
(1)
Compensatory benefits. The following compensatory benefits are provided
to facilitate an inclusionary project and the provision of affordable
housing:
(a)
Density bonus. Except where a density variance is granted, as set forth in Subsection A(1)(b) of this section, a 15% residential density bonus shall be permitted for all inclusionary development projects. Where the calculated density bonus results in a fraction, the density bonus shall be rounded up to the next whole unit. For example, on a one-acre site, in a zone that permits 10 units per acre, an inclusionary developer intending to construct onsite affordable units shall be permitted to construct, two additional units (10 x 15% = 1.5, rounded up to 2) or a total of 12 units. The project will provide one affordable unit (10% x the underlying zoning of 10 units per acre = 1) and 11 market-rate units.
(b)
Density variances. A compensatory benefit will be deemed to have been awarded, and the density bonus referred to in Subsection A(1)(a) above will not apply, where the Borough's Zoning Board of Adjustment approves an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5), (known as a density variance).
(c)
Relaxation of zoning standards. In all cases, the Borough's
approving land use board shall consider the granting of variances
and waivers including but not limited to reduced setbacks, reduced
coverage, increased floor area, increased building heights and/or
additional stories so as to accommodate the increased number of units
and to reasonably result in an opportunity to provide affordable housing.
(d)
Additional incentives. Additional incentives to subsidize the
creation of affordable housing available to very-low income households
may be included in a developer's or redeveloper's agreement at the
discretion of the Borough.
B.
Development size threshold. Developments of less than three units
shall not be subject to the required affordable housing set-aside.
C.
Developer options for the provision of affordable housing.
(1)
Subject to the conditions which follow, a developer required to provide
affordable housing has the option to:
(2)
The onsite construction option is subject to the following controls:
Developers choosing onsite construction of affordable units shall
determine the number of required affordable units by dividing the
permitted onsite units by 10 and then adding the density bonus. For
example, a site zoned for a one-hundred-unit development shall provide
10 affordable units (10% x underlying zoning for 100 units) and is
permitted a fifteen-percent density bonus for an additional 15 units
for a total project of 115 units consisting of 10 affordable units
and 105 market-rate units. Or, by way of further example, if a site
zoned for 100 units receives a density variance allowing an additional
20 units for a total project of 120 units, 10 affordable units will
be provided (10% x underlying zoning for 100 units) and 110 market-rate
units.
(3)
Off-site construction option is subject to the following controls:
(a)
Developers choosing off-site construction of affordable units
shall determine the number of required affordable units in the same
fashion as in the calculation of an on-site construction obligation.
(b)
All sites selected for off-site construction shall meet the
site suitability criteria set forth in N.J.A.C. 5:97-3.13.
(4)
The payment in lieu option is subject to the following controls:
(a)
The required subsidy for the payment in lieu option is $180,000
per unit.
(b)
Payments in lieu of constructing affordable units may represent
whole or fractional affordable units. A fractional affordable housing
requirement shall not be rounded.
(c)
Developers choosing the payment in lieu option shall determine
the number of required affordable units to be met by a payment in
lieu by dividing the permitted onsite units by 10 and then adding
the density bonus. For example, a site zoned for a one-hundred-unit
development shall provide funding for 10 affordable units (10% x underlying
zoning for 100 units) calculated at 10 x $180,000 = $1,800,000. The
site is permitted a fifteen-percent density bonus for an additional
15 units for a total project of 115 market-rate units.
(d)
Payments in lieu of constructing affordable units shall be deposited
into the Borough's affordable housing trust fund pursuant to N.J.A.C.
5:97-8.4 and shall be subject to the provisions thereof.
D.
Design. In inclusionary developments, to the extent possible, low-
and moderate-income units shall be integrated with the market units.
E.
Utilities and community amenities. Affordable units shall utilize
the same type of heating source as market units within the affordable
development and have access to all community amenities available to
market-rate units.
F.
Accessibility and adaptable affordable units. Inclusionary zoning
ordinances shall require that the first floor of all townhouse dwelling
units and all other multistory dwelling units comply with N.J.A.C.
5:97-3.14.
G.
Affordable administration. The affordable units shall comply with
N.J.A.C. 5:97-9 and UHAC.
H.
Phasing. 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
|
I.
Design. In inclusionary developments, to the extent possible, low-
and moderate-income units shall be integrated with the market units.
J.
Payments-in-lieu and off-site construction. The standards for the
collection of payments in lieu of constructing affordable units or
standards for constructing affordable units off site shall be in accordance
with N.J.A.C. 5:97-6.4.
K.
Utilities. Affordable units shall utilize the same type of heating
source as market units within the affordable development.
All affordable housing units shall otherwise comply with the standards and requirements governing affordability controls, pricing, bedroom distribution, age restrictions, affirmative marketing, prices and rents, and unit selection, together with all related requirements as set forth in Article XIV, Affordable Housing Standards.
Where there is a site-specific fully-executed development or
redevelopment agreement to provide for affordable housing as part
of a project which has received approval from the Borough's municipal
land use boards, which predates the effective date of this article,
the terms and conditions of that agreement shall govern the provision
of affordable housing for that project notwithstanding any requirements
of this article to the contrary.
A.
Extant set-aside ordinances. The provisions of the Borough's extant zoning ordinances requiring a set-aside of affordable housing for development in the R-7A Mid-Rise Residential Zone, Article XIX; R-10A High-Rise Apartment Residential Zone, Article VI; R-12 High-Rise Apartment Residential Zone, Article VII; and C-1A Planned Business District, § 410-37, are hereby repealed.
B.
Development fee ordinance. The provisions of the Borough's Affordable Housing Development Fees Ordinance, § 261-46 et seq., imposing a fee upon residential development, are repealed. The fees imposed upon nonresidential development are unaffected by this article.
C.
General. All ordinances or parts of ordinances inconsistent herewith
are repealed as to such inconsistencies.
This article shall be subject to amendment or repeal without
any further action by the Borough to the extent it is, in whole or
in part, inconsistent with any ruling issued by any court, valid regulations
issued by COAH or any legislative enactment.
