Chesterfield Township
City Zoning Code
City Zoning Code
ARTICLE X
COAH Requirements
§ 130-45 Affordable housing procedural and eligibility requirements.
A.
Affordable housing administration. To provide assurances that low- and moderate-income units are created with controls on affordability over time and that low- and moderate-income households occupy these units, the Township of Chesterfield shall designate the Affordable Housing Management Service (AHMS) of the New Jersey Department of Community Affairs with the responsibility of ensuring the affordability of sales and rental units over time. The Affordable Housing Management Service (AHMS) shall be responsible for those activities detailed in N.J.A.C. 5:93-9.1(a). The Township Clerk shall be designated as the liaison to the Affordable Housing Management Service (AHMS).
B.
Household income limitations. The incomes of low- and moderate-income households occupying affordable housing shall not exceed the income limits as of January 1 of the current year. Income qualification and verification shall be determined as required in N.J.A.C. 5:93-9.1(b). Inclusionary developments shall be divided equally between households with low incomes and households with moderate incomes.
(1)
Median income determination. Median income by household size shall be established by a regional weighted average of the uncapped Section 8 income limits published by the United States Department of Housing and Urban Development pursuant to N.J.A.C. 5:93-7.4(b).
(2)
Affordable housing purchase or rent. Low-income affordable housing units shall be reserved for households with a gross household income less than or equal to 50% of the regional median income. Moderate income units shall be reserved for households with a gross household income less than 80% of the regional median income pursuant to N.J.A.C. 5:93-7.4(g).
C.
Unit limitations.
(1)
Type of unit to be provided. In any inclusionary development, at least 10% and no more than 20% of the required affordable units shall be efficiencies or one-bedroom dwellings, at least 30% of the required affordable units shall be two-bedroom dwellings and at least 20% of the required affordable units shall be three-bedroom dwellings, unless the development shall be for senior citizens only, in which case, at a minimum, the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the inclusionary development. The standard can be met by creating all one-bedroom units or by creating a two-bedroom unit for each efficiency unit pursuant to N.J.A.C. 5:93-7.3. The type of unit for the balance of the required affordable units shall be determined by the developer.
(2)
Size of units. The size of affordable housing units shall be a minimum of the following gross square footage:
Type of Unit | Minimum Size (square feet) | |
|---|---|---|
Efficiency | 500 | |
1-bedroom | 600 | |
2-bedroom | 750 | |
3-bedroom | 900 |
(3)
Certificates of occupancy. The following additional requirements for the issuance of certificates of occupancy shall apply to inclusionary developments:
(a)
The initial issuance of certificates of occupancy for market units shall be linked to the issuance of certificates of occupancy for affordable units. Prior to the issuance of the certificates of occupancy for market units, certificates of occupancy for affordable units shall be required in the following minimum ratios pursuant to N.J.A.C. 5:93-5.6(d):
Percentage of Affordable Housing Units Completed | Percentage of Market Housing Units Completed | |
|---|---|---|
0% | 25% | |
10% | 25% + 1 | |
50% | 50% | |
75% | 75% | |
100% | 90% |
(b)
Each unit of affordable housing shall require a certificate of occupancy, which shall become void upon a change of owner or tenant.
(c)
No certificates of occupancy shall be issued for low- and moderate-income units unless the provisions of N.J.A.C. 5:93- 9.3 are met.
(4)
Unit type and affordability.
(a)
The following housing type shall be used in determining affordability as it relates to household size pursuant to N.J.A.C. 5:93-7.4(a):
Unit Size | Household Size (persons) | |
|---|---|---|
Efficiency | 1 | |
1-bedroom | 1.5 | |
2-bedroom | 3 | |
3-bedroom | 4.5 |
(b)
Efficiency units shall be affordable to one-person households. One-half of all one-bedroom units shall be affordable to one-person households and 1/2 of all one-bedroom units shall be affordable to two-person households. One-half of all two-bedroom units shall be affordable to two-person households and 1/2 of all two-bedroom units shall be affordable to three-person households. One-half of all three-bedroom units shall be affordable to four-person households and 1/2 of all three-bedroom units shall be affordable to five-person households.
(c)
At least 50% of all units within each inclusionary development shall be affordable to low-income households pursuant to N.J.A.C. 5:93-7.2(a). At least 50% of all rental units shall be affordable to low-income households pursuant to N.J.A.C. 5:93-7.2(b). At least 1/3 of all units in each bedroom distribution shall be affordable to low-income households pursuant to N.J.A.C. 5:93-7.4(c).
(5)
Heating source. Affordable housing units shall utilize the same type of heating source as market units pursuant to N.J.A.C. 5:93-7.4(d).
(6)
Design and unit integration. The facade of an affordable housing unit shall be indistinguishable from market units in terms of the use of exterior materials, windows, doors, reveal, roof pitch, color or other material. Affordable housing units shall be dispersed throughout an inclusionary development to the greatest extent possible.
(7)
Age-restricted units. The cumulative total of all low- and moderate-income units which are restricted by minimum age of adults may not exceed 25% of the Township's calculated need pursuant to N.J.A.C. 5:93- 5.14(b), as determined by the Housing Element of the Master Plan, unless waived by COAH.
D.
Initial selling and renting determinations.
(1)
For sale household limit. The affordable sales price shall be limited such that the sum of the monthly payments for principal; mortgage interest; mortgage insurance; real estate taxes; fire, theft and liability insurance; and homeowner, condominium or cooperative association dues or fees, if applicable, shall not exceed 28% of the gross monthly income for low- or moderate-income families as set forth in N.J.A.C. 5:93-7.4(e). A five-percent down payment and a thirty-year term, fixed annual percentage rate mortgage shall be used in the calculation. In calculating the monthly mortgage payment, the rate of interest as approved by AHMS shall be utilized.
(2)
Rental household limit. The monthly gross rental cost, including an allowance for utilities, of an affordable housing unit shall be limited such that the monthly payment shall not exceed 30% of the gross monthly income for low- or moderate-income households based on household size as set forth in N.J.A.C. 5:93-7.4(a). The utility allowance shall be consistent with the utility allowance approved by the United States Department of Housing and Urban Development for use in New Jersey.
(3)
Average selling or renting price. The maximum average rent and price of low- and moderate-income units within each inclusionary development shall be affordable to households earning 57.5% of median income pursuant to N.J.A.C. 5:93-7.4(b).
(4)
Additional for sale housing requirements.
(a)
Pricing stratification. At least two different purchase prices for affordable units shall be established for low-income buyers and at least three different purchase prices for moderate-income buyers in meeting the average selling price required pursuant to N.J.A.C. 5:93-7.4(b).
(b)
Initial selling procedures shall be as required under N.J.A.C. 5:93-9.16.
(c)
Master deeds of inclusionary developments shall regulate homeowner, condominium or cooperative fees and special assessments paid by low- and moderate-income buyers to at least 1/3 of the amount paid by market unit purchasers. The actual percentage set in the master deed shall be determined by the Township Committee after recommendation by AHMS pursuant to N.J.A.C. 5:93-7.4(e).
(5)
Additional rental housing requirements.
(a)
Pricing stratification. One rent shall be established for each bedroom type affordable to a low-income household and a moderate-income household in meeting the average rental price required pursuant to N.J.A.C. 5:93-7.4(c).
(b)
Initial renting procedures shall be as required under N.J.A.C. 5:93-9.16.
E.
Controls on affordability.
(1)
Deed restrictions.
(a)
Any newly constructed affordable housing unit shall be deed restricted and the deed shall also run through the municipality, such that any designated low-income household unit or moderate-income household unit shall remain affordable to the occupants within the income limits established by this section for a period not less than 30 years for units offered for sale and 30 years for units offered for rent pursuant to N.J.A.C. 5:93-9.2(a). Such deed restriction shall limit the units offered for sale and units offered for rental but shall not be construed as limiting ownership of any affordable housing unit by a municipally designated nonprofit housing agency. Any agreement of sale to another qualified buyer shall require a new deed restriction establishing such affordability controls for the minimum time period of 30 years from the date of transfer. The deed restriction shall take the form recommended by the Council on Affordable Housing and from which it may be amended from time to time.
(b)
Rehabilitated owner-occupied single-family housing units that are improved to code standard shall be subject to controls on its occupancy by a low- and moderate-income household for a period not less than six years pursuant to N.J.A.C. 5:93-9.2(c). Rehabilitated renter-occupied housing units that are improved to code standard shall be subject to controls on its occupancy by a low- and moderate-income household for a period not less than 10 years pursuant to N.J.A.C. 5:93-9.2(d).
(c)
Deed restrictions on affordable housing units shall include options for purchase for the first nonexempt sale after controls on affordability have been placed pursuant to N.J.A.C. 5:93-9.5 through 5:93-9.8. Municipal procedures for the rejection of such repayment options shall be as required in N.J.A.C. 5:93-9.9.
(2)
Procedures for resale. The following procedures shall be used for the resale of any affordable housing unit:
(a)
Notification of intent to sell. Owners of affordable housing units shall notify the Township Clerk of their intention to sell. The Township Clerk shall notify AHMS of the intention to sell, which shall monitor compliance with the provisions of this section and shall determine the eligibility of prospective buyers. In the event that no eligible buyer enters into a contract of sale for the unit within 90 days of the notification of intention to sell, the Township shall have the option to purchase the affordable unit for the maximum price permitted based on the regional increase in the median income as defined by the United States Department of Housing and Urban Development or other recognized standard as adopted by the New Jersey Council on Affordable Housing. In the event that the option to purchase is not exercised by the Township, the seller may apply to AHMS for permission to sell the unit to a noneligible household at the maximum price permitted pursuant to this section. The seller shall document efforts to sell the unit to an income eligible household.
[1]
In reviewing the request for permission to sell, AHMS shall consider the specific reasons for any delay in selling the housing unit and the hardship to the seller in continuing to offer the affordable unit to an income eligible household. The inability to sell the unit for the maximum permitted resale price shall not, in itself, be considered an appropriate reason for allowing a housing unit to be sold to a noneligible household.
[2]
In the event that the application to sell to a noneligible household is approved, the seller may sell an affordable housing unit designated for a low-income household to a moderate-income household and a designated moderate-income unit to households with incomes exceeding 80% of the median. In no case shall the seller be permitted to receive more than the maximum price permitted under this section for allowable increases in selling price and eligible capital improvements. Any excess money derived from such a sale shall revert to the Township and shall be placed in the Affordable Housing Trust Fund. The sale of an affordable housing unit in these circumstances shall not eliminate the deed restriction on affordability and any further sale shall be subject fully to the terms of this section.
(3)
Affordable housing price increase. The price of an owner-occupied housing unit and the rents of affordable housing units may increase annually on January 1 of the current year based upon the percentage increase in median income for the Burlington-Camden-Gloucester region as determined by the Council on Affordable Housing. In no event shall the maximum resale price established by AHMS be lower than the last recorded purchase price pursuant to N.J.A.C. 5:93-9.15(a).
(4)
Eligible capital improvements. Owners of single-family, owner-occupied housing may apply to the agency for permission to increase the maximum selling price of the unit for an eligible capital improvement. Only capital improvements which will render the housing unit suitable for a larger household shall be eligible. In no event shall the maximum selling price exceed the income limits of the larger household. Property owners shall apply to AHMS if such an increase in the maximum sales price is sought pursuant to N.J.A.C. 5:93-9.11(a).
(5)
Effect of foreclosure on resale. A judgment of foreclosure or a deed in lieu of foreclosure by a financial institution regulated by state and/or federal law or to a lender on the secondary mortgage market shall remove the restrictions required of this section, provided that the owner of the affordable housing unit is obligated to pay to the Township any excess funds generated by the difference in the maximum selling price at the time of foreclosure and the amount necessary to retire the debt to the financial institution, including any foreclosure costs. The Township Clerk shall be notified of any foreclosure proceedings and the Township may, upon such notification, purchase the affordable housing or pass the option to the Department of Community Affairs, the New Jersey Housing Mortgage Finance Agency or a designated nonprofit entity to purchase the unit at the maximum selling price and maintain it as an affordable unit pursuant to N.J.A.C. 5:93-9.13.
F.
Affirmative marketing. The developer of an inclusionary development shall submit, for approval by AHMS, a program for the affirmative marketing, screening and selection of occupants of the low- and moderate-income units. This plan shall conform to the requirements of N.J.A.C. 5:93-11.
§ 130-46 Affordable housing affirmative marketing procedures.
A.
Fair share obligation 1987-1999. The Township of Chesterfield has a fair share obligation of 68 units, of which 55 units are the new construction obligation and 13 units are the rehabilitation obligation (minus one credit). The Township shall address the entire affordable housing obligation through new construction of inclusionary housing through a set-aside in the Township's transfer of development credits receiving area and an optional Regional Contribution Agreement (RCA) for the transfer to another municipality of up to 33 affordable units in accordance with the Township's Housing Element. This chapter shall apply to all developments that contain proposed low- and moderate-income units and any future developments that may occur.
B.
Affirmative marketing plan. The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by the Affordable Housing Management Service (AHMS), the designated administrative agency of affordable housing. The affirmative marketing plan of the Township of Chesterfield addresses the requirements of N.J.A.C. 5:93- 11. In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin. The Township of Chesterfield is in the southwest housing region consisting of Burlington, Camden and Gloucester Counties. 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 Bordentown Register.
(2)
The primary marketing effort shall take the form of at least one press release and one paid display advertisement sent to the above publication. Additional advertising and publicity shall be on an as-needed basis.
(3)
The advertisement shall include a description of the following: street address of the units; directions to housing units; number of bedrooms per unit; range of prices/rents; size of units; income information; and location of applications, including business hours and where and how applications may be obtained.
(4)
All newspaper articles, announcements and requests for applications for low- and moderate-income housing shall appear in neighborhood oriented weekly newspapers, religious publications and organizational newsletters within the region.
(5)
The Township shall maintain a list of community contact persons and/or organizations within the housing region that will aid in the affirmative marketing program with particular emphasis on contacts that will reach out to groups that are least likely to apply for housing within the region. Quarterly flyers and applications shall be sent to the Board of Realtors in Burlington, Camden and Gloucester Counties for publication in their journals and for circulation among their members.
(6)
Applications shall be available at the Township Building during its regular business hours (8:30 a.m. to 4:30 p.m.), at major employers in the region (a list of participating companies shall be maintained by the Township) and neighboring municipal libraries as well as county libraries in the housing region.
(7)
Applications shall be mailed to prospective applicants upon request. Additionally, informational circulars and applications shall be sent to the chief administrative employees of each of the following agencies in the Counties of Burlington, Camden and Gloucester: Welfare or Social Service Board; Rental Assistance Office; Office on Aging; County Housing Agency or Authority; County Library; and Area Community Action Agencies.
C.
Tenant selection. The Township's selection process requires that affordable housing units meet the 50/50 balance between low- and moderate-income units required by the COAH regulations (N.J.A.C. 5:93-7.2). Occupancy preference shall be given to low- and moderate-income households that reside or work in the housing region in accordance with N.J.A.C. 5:93-11.7(b). Low- and moderate-income households living outside the housing region shall have an equal opportunity for occupancy of units after the applicants living within the housing region have been initially serviced.
D.
Administrative agency. The Affordable Housing Management Service (AHMS) shall be responsible for administering the affirmative marketing program; income qualification of low- and moderate-income households; placing income eligible households in low- and moderate-income units upon initial occupancy; providing for the initial occupancy of low- and moderate-income units with income qualified households; continue to income qualify households for reoccupancy of units as they become vacant during the period of affordability controls; assist with advertising and outreach to low- and moderate-income households; and enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1. The Township Clerk shall be the designated liaison for all affirmative marketing activities. The Township Clerk shall provide referrals to AHMS for counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements and landlord/tenant law.
E.
Commencement of program .The affirmative marketing program shall commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The affirmative marketing program shall continue until all low- and moderate-income housing units are initially occupied and for as long as affordable units are deed restricted and occupancy or reoccupancy of units continues to be necessary.
F.
Monitoring and reporting. The Township of Chesterfield and the Affordable Housing Management Service (AHMS) shall comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 5:93-12.1.