Ocean City, NJ Article 1901 Affordable Housing Set Aside

§ 25-1901 AFFORDABLE HOUSING SET ASIDE.

§ 25-1901.1 Purpose.

[Ord. #18-21; Ord. #19-03]

This Section of the City of Ocean City Code sets forth regulations regarding the percentage of housing units devoted to low- and moderate-income households required within an inclusionary development in Ocean City that are consistent with the court-ordered agreement.

§ 25-1901.2 Applicability and Requirements.

[Ord. #18-21; Ord. #19-03]

a. Any multifamily residential development or redevelopment, that will contain five (5) or more dwelling units (over and above those already permitted as of right) that are developed at a density of six (6) or more units per acre, which developments become permissible through either a use variance, a density variance increasing the permissible density at the site, a rezoning permitting multi-family residential housing where not previously permitted or a new or amended redevelopment plan or a new or amended rehabilitation plan shall comply with the following:

[Amended 11-26-2019 by Ord. No. 19-17]

1. A minimum of 15% of the total number of units shall be set aside as affordable housing units if the affordable units will be for rent. If the calculation of the total number of affordable units required yields a fraction of less than 1/2, then a pro-rated payment in lieu or one additional unit shall be provided, at the developer’s option. If the calculation of the total number of affordable units required yields a fraction of 1/2 or greater, one additional unit shall be provided

2. A minimum of 20% of the total number of units shall be set aside as affordable housing units if the affordable units will be for sale. If the calculation of the total number of affordable units required yields a fraction of less than 1/2, then a pro-rated payment in lieu or one additional unit shall be provided, at the developer’s option. If the calculation of the total number of affordable units required yields a fraction of 1/2 or greater, one additional unit shall be provided.

b. The provisions of this Ordinance shall not apply to residential expansions, additions, renovations, replacement, or any other type of residential development that does not result in five (5) or more dwelling units (over and above those already permitted as of right) that are developed at a density of six (6) or more units per acre.

c. At least one-half (0.5) of all affordable units shall be affordable to low income households, and the remainder may be affordable to moderate income households. Within rental developments, at least thirteen (13) percent of the affordable units shall be affordable to very low-income households, with the very low- income units counted as part of the low-income requirement.

d. This ordinance does not give any developer the right to any such rezoning, variance, redevelopment designation or development plan approval or other relief, or establish any obligation on the part of the municipality to grant such rezoning, variance, redevelopment designation or redevelopment plan approval or other relief, or establish any obligation on the part of the municipality to grant such rezoning, variance, redevelopment designation or redevelopment plan approval or other relief. This ordinance shall not apply to sites zoned for inclusionary residential development or for which an inclusionary residential redevelopment plan has been adopted consistent with the municipality's Court-approved Housing Element and Fair Share Plan, which sites shall comply with the applicable adopted zoning. No site shall be permitted to be subdivided so as to avoid compliance with this requirement.