A.
This Part of the Township Code sets forth regulations regarding the
low- and moderate-income housing units in the Township consistent
with the provisions known as the "Substantive Rules of the New Jersey
Council on Affordable Housing," N.J.A.C. 5:93 et seq.,[1] the Uniform Housing Affordability Controls (UHAC), N.J.A.C.
5:80-26.1 et seq., except where modified by the terms of a Settlement
Agreement between the Township and the Fair Share Housing Center (FSHC)
such that the statutory requirement to provide very-low-income units
equal to 13% of affordable units approved and constructed after July
1, 2008, to be affordable to households at 30% of the regional median
income overrides the UHAC requirement that 10% of all low- and moderate-income
units must be affordable at 35% of the regional median income, and
the Township's constitutional obligation to provide a fair share of
affordable housing for low- and moderate-income households. In addition,
this section applies requirements for very-low-income housing as established
in P.L. 2008, c. 46 (the "Roberts Bill," codified at N.J.S.A. 52:27D-329.1).
[1]
Editor's Note: N.J.A.C. 5:93-1.1 et seq., entitled "Substantive
Rules of the New Jersey Council on Affordable Housing for the Period
Beginning on June 6, 1994," expired 10-16-2016.
B.
This Part is intended to assure that very-low-, low- and moderate-income
units ("affordable units") are created with controls on affordability
over time and that very-low-, low- and moderate-income households
shall occupy these units. This Part shall apply to all inclusionary
developments and one-hundred-percent affordable developments (including
those funded with low-income housing tax credit financing) except
where inconsistent with applicable law.
C.
The Brick Township Land Use Board has adopted a Housing Element and
Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A.
40:55D-1 et seq. The plan has also been endorsed by the Township Council
of the Township of Brick. The Fair Share Plan describes the ways the
Township shall address its fair share for low- and moderate-income
housing as determined by the Superior Court and documented in the
Housing Element.
D.
This Part implements and incorporates the Fair Share Plan and addresses
the requirements of N.J.A.C. 5:93,[2] as may be amended and supplemented.
[2]
Editor's Note: N.J.A.C. 5:93-1.1 et seq., entitled "Substantive
Rules of the New Jersey Council on Affordable Housing for the Period
Beginning on June 6, 1994," expired 10-16-2016.
E.
The Township shall file monitoring and status reports with the Superior
Court and place the reports on its municipal website. Any plan evaluation
report of the Housing Element and Fair Share Plan and monitoring evaluation
report prepared by the Special Master in accordance with N.J.A.C.
5:91[3] shall be available to the public at the Brick Township
Municipal Building, 401 Chambers Bridge Road, Brick, NJ 08723.
[3]
Editor's Note: N.J.A.C. 5:91 and N.J.A.C. 5:92 expired 4-2-2008
and 4-13-2013, respectively.
F.
On the first anniversary of the execution of the Settlement Agreement
and every anniversary, through the end of the period of Third Round
Judgment of Repose, the Township will provide annual reporting of
the status of all affordable housing activity within the municipality
(including rehabilitation).
G.
The Fair Housing Act includes two provisions regarding action to
be taken by the Township during the ten-year period of protection
provided in the Township's agreement with FSHC. The Township agrees
to comply with those provisions as follows:
(1)
By July 1, 2020, the Township must prepare a midpoint realistic
opportunity review, as required pursuant to N.J.S.A. 52:27D-313, which
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 and should be replaced and whether any mechanisms to meet
unmet need should be revised or supplemented. Any interested party
may by motion request a hearing before the Court regarding these issues.
In the event the Court determines that a site or mechanism no longer
presents a realistic opportunity and should be replaced or supplemented,
then the municipality shall have the opportunity to supplement or
revise its plan to correct any deficiency.
(2)
Within 30 days of every third anniversary of the agreement,
the Township shall publish on its website and submit to FSHC a status
report regarding its satisfaction of the very-low-income requirement
pursuant to N.J.S.A. 52:27D-329.1.
As used herein, the following terms shall have the following
meanings:
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.
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. 5:93-7.4;[3] 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. 5:93,[4] and/or funded through an Affordable Housing Trust Fund.
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 order; 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
U.S. 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(b)(2).
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 structure in which households live in distinct bedrooms
yet share kitchen and plumbing facilities, central heat and common
areas. "Alternative living arrangement" includes, but is not limited
to, transitional facilities for the homeless, Class A, B, C, D, and
E boarding homes as regulated by the New Jersey Department of Community
Affairs; residential health care facilities as regulated by the New
Jersey Department of Health; group homes for the developmentally disabled
and mentally ill, as licensed and/or regulated by the New Jersey Department
of Human Services; and congregate living arrangements.
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, which is in, but not of,
the Department of Community Affairs 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.).
The State of New Jersey Department of Community Affairs.
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 division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
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.
The plan that describes the mechanisms, the strategies and
the funding sources, if any, by which the Township proposes to address
its affordable housing obligation as established in the Housing Element,
including the draft ordinances necessary to implement that plan, and
addresses the requirements of N.J.A.C. 5:93-5.[5]
The portion of the Township's Master Plan, required by the
Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-28b(3), and the Act,
that includes the information required by N.J.A.C. 5:93-5.1 and establishes
the Township's fair share obligation.
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 COAH or approved by the New Jersey Superior
Court.
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.
Residential development comprising 10 or more dwelling units,
including, but not limited to, dwelling units that are located one
over another, garden apartments, townhouse developments, multistory
apartment or condominium buildings, and mixed-use developments containing
a combination of nonresidential and residential uses.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a class A
beneficiary; and the transfer of ownership by court order.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
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 adopted/approved regional income limits.
The repair, renovation, alteration 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.
An expert appointed by a judge to make sure that judicial
orders are followed. A master's function is essentially investigative,
compiling evidence or documents to inform some future action by the
Court.
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.
[1]
Editor's Note: N.J.A.C. 5:91 expired 4-2-2008.
[2]
Editor's Note: N.J.A.C. 5:93-1.1 et seq., entitled "Substantive
Rules of the New Jersey Council on Affordable Housing for the Period
Beginning on June 6, 1994," expired 10-16-2016.
[3]
Editor's Note: N.J.A.C. 5:91 expired 4-2-2008.
[4]
Editor's Note: N.J.A.C. 5:93-1.1 et seq., entitled "Substantive
Rules of the New Jersey Council on Affordable Housing for the Period
Beginning on June 6, 1994," expired 10-16-2016.
[5]
Editor's Note: N.J.A.C. 5:93-1.1 et seq., entitled "Substantive
Rules of the New Jersey Council on Affordable Housing for the Period
Beginning on June 6, 1994," expired 10-16-2016.
A.
Requirements for affordable housing in multifamily residential developments.
All development approvals for new multifamily residential development
in the Township shall include a set-aside for affordable housing as
described herein.
(1)
Purpose. The purpose of these provisions is to supplement § 245-42[1] to provide for affordable housing in new multifamily developments
in accordance with a conditional order of compliance entered on January
27, 2017, and the Brick Township Housing Plan Element and Fair Share
Plan, as adopted by the Brick Township Planning Board on March 22,
2017, and endorsed by the Brick Township Council on April 25, 2017,
and the Declaratory Judgement of Compliance and Repose approved by
the Court on December 13, 2017.
[1]
Editor's Note: so in original.
(2)
Applicability. The requirement for the new mandatory provision
of affordable housing as set forth in this section shall apply to
all new applications for land use approvals, made after the effective
date of this section, for multifamily residential developments of
10 or more units, including applications for use or density variances,
site plans, or subdivisions, and applications for land use approvals
made pursuant to a new or amended redevelopment plan adopted after
the effective date of this section pursuant to a finding of an area
in need of redevelopment rehabilitation. These provisions shall likewise
govern substantial revisions to previously approved developments.
A substantial revision to a development approval shall, for the purpose
of these affordable housing regulations, be any revision that increases
the number of multifamily residential units by 10 or more units.
(3)
Set-aside requirements for multifamily development. All development
approvals for multifamily residential development shall provide an
affordable housing set-aside of 15% of the residential units in a
rental development and 20% of the residential units in a for-sale
development. At least 50% of the affordable units in each development
shall be affordable income households, including 13% in rental developments
affordable to very-low-income households.
(a)
When the required set-aside results in a number that is not
a whole number, the set-aside requirements shall be rounded to the
closest whole number.
(b)
At the developer's option, or per the terms of a developer or
redeveloper agreement with the Township, the developer may provide
a greater affordable housing set-aside than required by this section.
(c)
A developer of a multifamily residential development may not
intentionally avoid the requirements of this section by, for example,
subdividing a project into two lots and then make each of them a number
of units just below the threshold.
(d)
A developer of a multifamily residential development may provide
a payment in lieu of construction to fund the construction of affordable
housing required by this section on another site within the Township.
The amount of the contribution shall be calculated in accordance with
N.J.A.C. 5:97-6.4(c)3.[2] The Township should use a current table and not the one
contained in this section when calculating payments in lieu.
[2]
Editor's Note: N.J.A.C. 5:97 expired 6-2-2015.
(e)
The set-aside requirement of this section shall not be interpreted
to convey upon any property owner or applicant the right to develop
multifamily housing by entitlement or variance, nor shall it be construed
to impose any obligation on the part of the Township or its Land Use
Board's agencies to approve any such application.
The following requirements shall apply to all new or planned
developments that contain low- and moderate-income housing units:
A.
Phasing. 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 a
single phase development or in a multiphase development:
|
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%
|
B.
Design. In inclusionary developments, to the extent possible, low-
and moderate-income units shall be integrated with the market units.
C.
Utilities. Affordable units shall utilize the same type of heating
source as market units within the affordable development.
D.
Low/moderate split and bedroom distribution of affordable housing
units.
(1)
The fair share obligation shall be divided equally between low-
and moderate-income units, except that where there is an odd number
of affordable housing units, the extra unit shall be a low-income
unit.
(2)
In each affordable development, at least 50% of the restricted
units within each bedroom distribution shall be low-income units.
(3)
Within rental developments, of the total number of affordable
rental units, at least 13% shall be affordable to very-low-income
households.
(4)
Affordable developments that are not age-restricted shall be
structured in conjunction with realistic market demands such that:
(a)
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
(b)
At least 30% of all low- and moderate-income units shall be
two-bedroom units;
(c)
At least 20% of all low- and moderate-income units shall be
three-bedroom units; and
(d)
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
(5)
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
The standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
E.
Accessibility requirements:
(1)
The first floor of all new restricted townhouse dwelling units
and all restricted multistory dwelling units attached to at least
one other dwelling unit shall be subject to the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
(2)
All restricted townhouse dwelling units and all restricted multistory
dwelling units attached to at least one other dwelling unit shall
have the following features:
(a)
An adaptable toilet and bathing facility on the first floor;
(b)
An adaptable kitchen on the first floor;
(c)
An interior accessible route of travel on the first floor;
(d)
An interior accessible route of travel shall not be required
between stories within an individual unit;
(e)
An adaptable room that can be used as a bedroom, with a door
or the casing for the installation of a door, on the first floor;
and
(f)
An accessible entranceway as set forth at P.L. 2005, c. 350
(N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C.
5:23-7, or evidence that the Township has collected funds from the
developer sufficient to make 10% of the adaptable entrances in the
development accessible:
[1]
Where a unit has been constructed with an adaptable entrance,
upon the request of a disabled person who is purchasing or will reside
in the dwelling unit, an accessible entrance shall be installed.
[2]
To this end, the builder of restricted units shall deposit funds
within the Township of Brick's Affordable Housing Trust Fund sufficient
to install accessible entrances in 10% of the affordable units that
have been constructed with adaptable entrances.
[3]
The funds deposited under Subsection E(2)(f)[2] herein shall be used by the Township for the sole purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
[4]
The developer of the restricted units shall submit a design
plan and cost estimate for the conversion from adaptable to accessible
entrances to the Construction Official of the Township of Brick.
[5]
Once the Construction Official has determined that the design
plan to convert the unit entrances from adaptable to accessible meet
the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and
that the cost estimate of such conversion is reasonable, payment shall
be made to the Township of Brick's Affordable Housing Trust Fund in
care of the Municipal Treasurer, who shall ensure that the funds are
deposited into the Affordable Housing Trust Fund and appropriately
earmarked.
[6]
Full compliance with the foregoing provisions shall not be required
where an entity can demonstrate that it is site impracticable to meet
the requirements. Determinations of site impracticability shall be
in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
F.
Maximum rents and sales prices.
(1)
In establishing rents and sales prices of affordable housing
units, the administrative agent shall follow the procedures set forth
in UHAC and by the Superior Court, utilizing the regional income limits
established.
(2)
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted low- and
moderate-income units shall be affordable to households earning no
more than 52% of median income.
(3)
The developers and/or municipal sponsors of restricted rental
units shall establish at least one rent for each bedroom type for
both low-income and moderate-income units.
(a)
At least 13% of all low- and moderate-income rental units shall
be affordable to households earning no more than 30% of median income.
(4)
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, and each affordable development
must achieve an affordability average of 55% for restricted ownership
units; in achieving this affordability average, 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.
(5)
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units other
than assisted living facilities, the following standards shall be
met:
(a)
A studio or efficiency unit shall be affordable to a one-person
household;
(b)
A one-bedroom unit shall be affordable to a one-and-one-half-person
household;
(c)
A two-bedroom unit shall be affordable to a three-person household;
(d)
A three-bedroom unit shall be affordable to a four-and-one-half-person
household; and
(e)
A four-bedroom unit shall be affordable to a six-person household.
(6)
In determining the initial rents for compliance with the affordability
average requirements for restricted units in assisted living facilities,
the following standards shall be met:
(7)
The initial purchase price for all restricted ownership units
shall be calculated so that the monthly carrying cost 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 the appropriate size household as determined under N.J.A.C.
5:80-26.4, as may be amended and supplemented; provided, however,
that the price shall be subject to the affordability average requirement
of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(8)
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
household size as determined under N.J.A.C. 5:80-26.4, as may be amended
and supplemented; provided, however, that the rent shall be subject
to the affordability average requirement of N.J.A.C. 5:80-26.3, as
may be amended and supplemented.
(9)
The price of owner-occupied low- and moderate-income units may
increase annually based on the percentage increase in the regional
median income limit for each housing region. In no event shall the
maximum resale price established by the administrative agent be lower
than the last recorded purchase price.
(9.1)
Income limits for all units for which income limits
are not already established through a federal program exempted from
the Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26.1
shall be updated by the Township annually within 30 days of the publication
of determinations of median income by HUD as follows:
(a)
Regional income limits shall be established for Region 4 based
on the median income by household size, which shall be established
by a regional weighted average of the uncapped Section 8 income limits
published by HUD. To compute this regional income limit, HUD determination
of median county income for a family of four is multiplied by the
estimated households within the county according to the most recent
decennial census. The resulting product for each county within the
housing region is summed. The sum is divided by the estimated total
households from the most recent decennial census in Region 4. This
quotient represents the regional weighted average of median income
for a household of four. The income limit for a moderate-income unit
for a household of four shall be 80% of the regional weighted average
median income for a family of four. The income limit for a low-income
unit for a household of four shall be 50% of the HUD determination
of the regional weighted average median income for a family of four.
The income limit for a very-low-income unit for a household of four
shall be 30% of the regional weighted average median income for a
family of four. These income limits shall be adjusted by household
size based on multipliers used by HUD to adjust median income by household
size. In no event shall the income limits be less than those for the
previous year.
(b)
The income limits calculated each year shall be the result of
applying the percentages set forth in Subsection F(9.1)(a) above to
HUD's determination of median income for the relevant fiscal year
and shall be utilized until the Township updates the income limits
after HUD has published revised determinations of median income for
the next fiscal year.
(c)
The Regional Asset Limit used in determining an applicant's
eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3
shall be calculated by the Township annually by taking the percentage
increase of the income limits calculated pursuant to Subsection F(9.1)(a)
above over the previous year's income limits and applying the same
percentage increase to the Regional Asset Limit from the prior year.
In no event shall the Regional Asset Limit be less than that for the
previous year.
(10)
The rent levels of very-low-, low- and moderate-income units
may be increased annually based on the percentage increase in the
Housing Consumer Price Index for the Northeast Urban Area, upon its
publication for the prior calendar year. This increase shall not exceed
9% in any one year. Rents for units constructed pursuant to low-income
housing tax credit regulations shall be indexed pursuant to the regulations
governing low-income housing tax credits.
(11)
Tenant-paid utilities that are included in the utility allowance
shall be so stated in the lease and shall be consistent with the utility
allowance approved by DCA for its Section 8 program.
For any affordable housing unit that is part of a condominium
association and/or homeowners' association, the master deed shall
reflect that the association fee assessed for each affordable housing
unit shall be established at 100% of the market rate fee.
