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Greenwich Township City Zoning Code

§ 16-15.5.6

Additional "low and moderate" income housing requirements.

[Ord. No. 1989-8; Ord. No. 1990-11 § 2]
a. 
Bedroom distribution. An applicant shall comply with the following distribution:
1. 
At a minimum, 35% of all low- and moderate-income units shall be two bedroom units; and
2. 
At a minimum, 15% of all low- and moderate-income units shall be three bedroom units; and
3. 
No more than 20% of all low- and moderate-income units may be efficiency units.
b. 
Each dwelling unit shall have the following minimum net habitable floor area:
Duplexes
1 Bedroom
550 square feet
2 Bedroom
660 square feet
3 Bedroom
850 square feet
c. 
Initial pricing.
1. 
The applicant shall provide that the initial price of a low- and moderate-income owner-occupied single-family housing unit be established so that after a down payment of 10%, the monthly principal, interest, taxes, insurance and condominium fees do not exceed 28% of an eligible gross monthly income.
2. 
The applicant shall provide that rents, excluding utilities, be set so as not to exceed 30% of the gross monthly income of the appropriate household size. Maximum rent shall be calculated as a percentage of the uncapped Section 8 income limit or other recognized standard adopted by the council that applies to the rental housing unit.
3. 
The following criteria shall be considered in determining rents and sale prices:
(a) 
Efficiency units shall be affordable to one-person households;
(b) 
One-bedroom units shall be affordable to two-person households;
(c) 
Two-bedroom units shall be affordable to three-person households;
(d) 
Three-bedroom units shall be affordable to five-person households; and
(e) 
Four-bedroom units shall be affordable to seven-person households.
4. 
The applicant shall provide that rents, including an allowance for utilities consistent with the personal benefit expense allowance for utilities as defined by HUD or a similar allowance approved by the council, be set so as not to exceed 30% of the gross monthly income of the appropriate household size as outlined in paragraph c.2 above.
5. 
Housing units that satisfy the criteria in paragraphs c.1 through c.4 above shall be considered affordable.
6. 
Median income by household size shall be established by the uncapped Section 8 income limits, published by HUD, as defined in Subchapter 1 or other recognized standard adopted by the council that applies to the rental housing unit or sales unit.
d. 
For purposes of this subsection, "low-income household" and "moderate income household" shall comply with the definitions of "low-income family" and "moderate income family" respectively, as defined in Subsection 16-3.3.
e. 
Low- and moderate-income housing units shall be zero lot line duplexes without a common wall situated on the development tract in locations no less desirable than the other dwelling units within the development, and shall be at least equally accessible to common open space, community facilities and shopping facilities as other market rate housing units.
f. 
Any submitted site plan shall indicate the number, unit plan, and location of the low- and moderate-income units within the development.
g. 
The applicant shall submit, with the application for development, a narrative description of the mechanism to be used to insure that the required affordable dwelling units are rented or sold only to low- and moderate-income households and that such units will continue to be occupied by low- and moderate-income households for a period not less than 20 years. In addition to such description, actual samples of language to be included in the nature of covenants shall be submitted for review and approval. All covenants and deeds shall comply with the recapture regulations of the council on affordable housing published in the July 17, 1989 New Jersey Register and with any form deed required by COAH.
The submitted description shall indicate the entity or entities responsible for monitoring the occupancy of the low- and moderate-income units and shall provide a detailed discussion concerning resales, permitted increases in price, prequalification of occupants and other relevant considerations. The applicant shall indicate whether it will administer controls on initial occupancies, contract with the New Jersey Housing Mortgage Finance Agency or with a municipal agency or its designee. The same indication shall be made for subsequent resales, provided that the seller of the resale unit shall bear the cost of the resale review and approval.
h. 
Final approval shall not be granted for any residential section of any planned development unless the following phasing plan for the construction and occupancy of required low- and moderate-income units to market dwelling units have been adhered to in each individual planned development:
Minimum Percentage of Low- and Moderate-income Units Completed
Percentage of Market Housing Units Competed
0
25
10
25 + 1 unit
50
50
75
75
100
100
1. 
A "range of affordability" for housing units created shall be provided in accordance with N.J.A.C. 5:92-14.2.
2. 
A "set aside" for housing units restricted for occupancy to senior citizens shall be provided in accordance with N.J.A.C. 5:92-14.3.
3. 
The applicant shall provide for a preference for residents of Greenwich Township to the extent permitted under COAH regulations. N.J.A.C. 5:92-15.1.
4. 
All affordable housing units created must abide by applicable affirmative marketing regulations N.J.A.C. 5:92-15.2.