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Cinnaminson Township
City Zoning Code

§ 525-114 Fair share requirements for low

and moderate-income housing. 1

[Added 2-20-2002 by Ord. No. 2002-6]
This section of the Cinnaminson Township Code sets forth regulations regarding low- and moderate-income housing units in Cinnaminson Township that are consistent with the provisions of N.J.A.C. 5:93 et seq. as effective on June 6, 1994. These rules are pursuant to the Fair Housing Act of 1985 and Cinnaminson Township's constitutional obligation to provide for its fair share of low- and moderate-income housing.
A. 
Cinnaminson Township's new construction or inclusionary component will be divided equally between low- and moderate-income households as per N.J.A.C. 5:93-2.20.
B. 
Except for inclusionary developments constructed pursuant to low income tax credit regulations:
(1) 
At least half of all affordable units within each inclusionary development will be affordable to low-income households; and
(2) 
At least half of all rental affordable units will be affordable to low-income households; and at least 1/3 of all affordable units in each bedroom distribution pursuant to N.J.A.C. 5:93-7.3 will be affordable to low-income households.
C. 
Inclusionary developments that are not restricted to senior citizens will be structured in conjunction with realistic market demands so that:
(1) 
The combination of efficiency and one bedroom units is at least 10% and no greater than 20% of the total low- and moderate-income units; and
(2) 
At least 30% of all low- and moderate-income units are two-bedroom units; and
(3) 
At least 20% of all low- and moderate-income units are three-bedroom units; and
(4) 
Low and moderate units restricted to senior citizens may utilize a modified bedroom distribution. At a minimum, the number of bedroom will equal the number of senior citizen low- and moderate-income units within the inclusionary development.
D. 
In conjunction with realistic market information, the following criteria will be used in determining maximum rents and sale prices:
(1) 
Efficiency units will be affordable to one person household; and
(2) 
One-bedroom units will be affordable to 1.5 person households; and
(3) 
Two-bedroom units will be affordable to three person households; and
(4) 
Three-bedroom units will be affordable to 4.5 person households; and
(5) 
Median income by household size will be established by a regional weighted average of the uncapped Section 8 income limits published by HUD as per N.J.A.C. 5:93-7.4(b); and
(6) 
The maximum average rent and price of low- and moderate-income units within each inclusionary development will be affordable to households earning 57.5% of median income; and
(7) 
Moderate income sales units will be available for at least three different prices and low-income sales units will be available for at least two different prices; and
(8) 
For both owner-occupied and rental units, the low- and moderate-income units will utilize the same heating source as market units within an inclusionary development; and
(9) 
Low-income units will be reserved for households with a gross household income less than or equal to 50% of the median income approved by COAH; moderate income units will be reserved for households with a gross household income less than 80% of the median income approved by COAH as per N.J.A.C. 5:93-9.16; and
(10) 
The regulations outlined in N.J.A.C. 5:93-9.15 and 9.16 will be applicable for purchased and rental units.
E. 
For rental units, developers and/or municipal sponsors may:
(1) 
Establish one rent for a low-income unit and one rent for a moderate income unit for each bedroom distribution; and
(2) 
Establish gross rents, including an allowance for tenant-paid utilities, so as not to exceed 30% of the gross monthly income of the appropriate household size as per N.J.A.C. 5:93-7.4(a). The tenant-paid utility allowance will be consistent with the utility allowance approved by HUD for use in New Jersey.
F. 
For-sale units:
(1) 
The initial price of a low- and moderate-income owner-occupied single family housing unit will be established so that after a down payment of 5%, the monthly principal, interest, homeowner and private mortgage insurance, property taxes (based on the restricted value of the low- and moderate-income unit) and condominium or homeowner fee (if any) do not exceed 28% of the eligible gross monthly income; and
(2) 
Master deeds of inclusionary developments will regulate condominium or homeowner association fees or special assessments of low- and moderate-income purchasers at 100% of those paid by market purchasers. This percentage is consistent with the requirements of N.J.A.C. 5:93-7.4(e). Once established within the master deed, the one-hundred-percent fee structure will not be amended without prior approval from COAH; and
(3) 
Cinnaminson Township will follow the general provisions concerning uniform deed restriction liens and enforcement through certificates of occupancy or reoccupancy on sale units as per N.J.A.C. 5:93-9.3; and
(4) 
Cinnaminson Township will require a certificate of reoccupancy for any occupancy of a low- or moderate-income sales unit resulting from a resale as per N.J.A.C. 5:93-9.3(c); and
(5) 
Municipal, state, nonprofit and seller options regarding sale units will be consistent with N.J.A.C. 5:93-9.5 through 5:93-9.8. Municipal rejection of repayment options for sale units will be consistent with N.J.A.C. 5:93-9.9; and
(6) 
The continued application of options to create, rehabilitate or maintain low- and moderate-income sale units will be consistent with N.J.A.C. 5:93-9.10; and
(7) 
Eligible capital improvements prior to the expiration of controls on sale units will be consistent with N.J.A.C. 5:93-9.11; and
(8) 
The regulations detailed in N.J.A.C. 5:93-9.12 through 5:93-9.14 will be applicable to low- and moderate-income units that are for sale units.
G. 
In zoning for inclusionary developments the following is required:
(1) 
Low- and moderate-income units will be built in accordance with N.J.A.C. 5:93-5.6(d):
Minimum Percent of Low/Moderate-Income Units Completed
Percent of Market Rate Housing Units Completed
0
25
10
25 + 1 unit
50
50
75
75
100
90
100
(2) 
A design of inclusionary developments that integrates low- and moderate-income units with market units is encouraged as per N.J.A.C. 5:93-5.6(e)
H. 
A Development Fee Ordinance was adopted by Cinnaminson Township on April 10, 1997 as Ordinance No. 1997-2.[2]
[2]
Editor's Note: See Ch. 243, Development Fees.
I. 
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, Cinnaminson Township will designate the Housing Assistance Service within the New Jersey Department of Community Affairs with the responsibility of ensuring the affordability of sales and rental units over time. The Housing Assistance Service will be responsible for those activities detailed in N.J.A.C. 5:93-9.1(a).
(1) 
In addition, the Housing Assistance Service will be responsible for utilizing the verification and certification procedures outlined in N.J.A.C. 5:93-9.1(b) in placing households in low- and moderate-income units; and
(2) 
Newly constructed low- and moderate-income sales units will remain affordable to low- and moderate-income households for at least 30 years; and
(3) 
The Housing Assistance Service will require all conveyances of newly constructed units to contain the deed restriction and mortgage lien adopted by COAH and referred to as Technical Appendix E as found in N.J.A.C. 5:93; and
(4) 
Housing units created through the conversion of a nonresidential structure will be considered a new housing unit and will be subject to 30 year controls on affordability. The Housing Assistance Service will require COAH's appropriate deed restriction and mortgage lien.
J. 
Regarding rehabilitated units:
(1) 
Rehabilitated owner-occupied single family housing units that are improved to code standard will be subject to affordability controls for at least six years; and
(2) 
Rehabilitated renter-occupied housing units that reimproved to code standard will be subject to affordability controls for at least 10 years.
K. 
Regarding rental units:
(1) 
Newly constructed low- and moderate-income rental units will remain affordable to low- and moderate-income households for at least 30 years. The Housing Assistance Service will require the deed restriction and lien and deed of easement referred to as Technical Appendix H as found in N.J.A.C. 5:93; and
(2) 
Affordability controls in accessory apartments will be for a period of at least 10 years, except if the apartment is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability will extend for 30 years; and
(3) 
Alternative living arrangements will be controlled in a manner suitable to COAH, that provides assurances that such facilities will house low- and moderate-income households for at least 10 years except if the alternative living arrangement is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability will extend for 30 years.
L. 
Section 14(b) of the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., incorporates the need to eliminate unnecessary cost-generating features from Cinnaminson Township's land use ordinances. Accordingly, Cinnaminson Township has eliminated development standards that are not essential to protect the public welfare and to expedite or fast track municipal approvals/denials on inclusionary development applications. Cinnaminson Township will adhere to the components of N.J.A.C. 5:93-10.1 through 5:93-10.3.
M. 
The Cinnaminson Township has a 1987-1999 fair share obligation of 351 units of which 331 is the new construction component. This chapter will apply to all developments that contain proposed low- and moderate-income units that are listed below and any future developments that may occur:
(1) 
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 a developer/sponsor municipality and/or designated administrative agency of affordable housing. The plan will address 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. Cinnaminson Township is in the housing region consisting of Burlington, Camden and Gloucester Counties. The affirmative marketing program is a continuing program and will meet the following requirements:
(a) 
All newspaper articles, announcements and requests for applications for low- and moderate-income units will appear in the following daily regional newspapers/publications: the Burlington County Times, the Camden Courier Post and the Gloucester County Times.
(2) 
The primary marketing will take the form of at least one press release sent to the above publications and a paid display advertisement in each of the above newspapers. Additional advertising and publicity will be on an as-needed basis.
(3) 
The advertisement will include a description of the:
(a) 
Street address of units;
(b) 
Direction to housing units;
(c) 
Number of bedrooms per unit;
(d) 
Range of price/rents;
(e) 
Size of units;
(f) 
Income information; and
(g) 
Location of applications including business hours and where/how applications may be obtained.
(4) 
All newspaper articles, announcements and requests for applications for low- and moderate-income housing will appear in neighborhood oriented weekly newspapers, religious publications and organizational newsletters within the region, if needed in order to attract sufficient applicants.
(5) 
The following regional radio and/or cable television station(s) will be used as necessary for public service announcements: WWJZ (640.0) Mount Holly Radio Co., WGLS (89.7) Rowan College of NJ and WDBK (91.5) Camden County College.
(6) 
The following is the location of applications, brochure(s), sign(s) and/or poster(s) used as part of the affirmative marketing program:
Cinnaminson Municipal Building
1621 Riverton Road, Cinnaminson, NJ
Cinnaminson Municipal Library
1619 Riverton Road, Cinnaminson, NJ
Burlington County Library
Camden County Library
Gloucester County Library
Developer's sales office(s)
Major Employers: JCI Data Processing, Hoeganaes, New Bridge Communications
(7) 
The following is a listing of community contact person(s) and/or organization(s) in Burlington, Camden and Gloucester Counties 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:
Affordable Housing Coalition of Burlington County
Burlington County Community Action Program (BCCAP)
Tri-County Community Action Agency
Camden County Council on Economic Opportunity
Fair Share Housing Center
(8) 
Quarterly flyers and applications will be sent to each of the following agencies for publication in their journals and for circulation among their members: Boards of Realtors in Burlington, Camden and Gloucester Counties.
(9) 
Applications will be mailed to prospective applicants upon request.
(10) 
Additionally, quarterly informational circulars and applications will be sent to the chief administrative employees of each of the following agencies in Burlington, Camden and Gloucester Counties:
Moorestown Ecumenical Neighborhood Development, Inc. (MEND)
Jersey Counseling & Housing Development, Inc.
Lutheran Social Ministries of New Jersey
Mount Holly 2000
(11) 
The random selection method that will be used to select occupants of low- and moderate-income housing will be specified by the Housing Assistance Service.
(12) 
The Housing Assistance Service is the agency under contract with Cinnaminson Township to administer the affirmative marketing program. The Housing Assistance Service has the responsibility to income qualify low- and moderate-income households; to place income eligible households in low- and moderate-income units upon initial occupancy; to provide for the initial occupancy of low- and moderate-income units with income qualified households; to continue to market the availability of units and to qualify households for reoccupancy of units as they become vacant during the period of affordability controls in conformance with N.J.A.C. 5:93-11.5; to assist with advertising and outreach to low- and moderate-income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1. The Township Clerk within Cinnaminson Township is the designated housing officer to act as liaison to the Housing Assistance Service. The Housing Assistance Service will provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements and landlord/tenant law.
(13) 
Households who live or work in the COAH-established housing region may be given preference for sales and rental units constructed within that housing region. Applicants living outside the housing region will have an equal opportunity for units after regional applicants have been initially serviced. Cinnaminson Township intends to comply with N.J.A.C. 5:93-11.7.
(14) 
All developers of low- and moderate-income housing units will be required to assist in the marketing of the affordable units in their respective developments.
(15) 
The marketing program will commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program will 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.
(16) 
The Housing Assistance Service will comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 5:93-12.1.
N. 
Cinnaminson Township will undertake a rehabilitation program to rehabilitate 11 substandard housing units occupied by low- and moderate-income households. Cinnaminson Township has designated the Burlington County Home Improvement Loan Program to administer the rehabilitation program, including the preparation of a marketing plan for the rehabilitation program. The rehabilitation program will be consistent with N.J.A.C. 5:93-5.2(b) through 5:93-5.2(1).
O. 
The following sites have been designated to meet Cinnaminson Township's inclusionary component outlined in the housing element and fair share plan which was adopted by the Planning Board in 2002:
(1) 
MCW Enterprises: Block 3106, Lots 1.01 and 1.03.
(2) 
Cresmont Ltd. Ptshp.: Block 307, Lots 1 and 1.01; Block 404, Lots 1 and 3; Block 501, Lots 12 and 14; Block 502, Lots 2, 3, 4 and 7; Block 503, Lots 1, 3 and 4.
(3) 
SC Holdings: Block 702, Lot 2.
(4) 
Harbour Reef Joint Venture: Block 201, Lot 5.
P. 
The exterior appearance of low- and moderate-income units shall be indistinguishable from the facades of market rate units in inclusionary developments. The low- and moderate-income units shall be dispersed throughout inclusionary developments among market rate units of the same tenure type to the greatest practicable extent.
Q. 
Enforcement and penalties. Any change or alteration of an approved site plan or condition of approval granted by the Planning Board or Zoning Board of Adjustment without further Board approval of said change or alteration shall be considered a violation of this chapter and upon conviction in a court of competent jurisdiction, shall, besides curing said alteration by either restoration of the site to the approved site plan or obtaining amended site plan approval for the appropriate Board of jurisdiction, be subject to a fine of up to a maximum of $2,000, imprisonment of up to 90 days or a term of community service of 90 days per violation. Each and every day said violation exists shall be considered a new and separate violation.
[Added 8-16-2006 by Ord. No. 2006-26]
[1]
Editor's Note: See Ch. 145, Affordable Housing.