Midland Park City Zoning Code
§ 34-11B.5
Affordable Housing Requirements.
[Added 10-10-2024 by Ord. No. 14-2024]
a.
Number of Units. A minimum of 20% of the total number of units when said units are for sale, or a minimum of 15% of the total number of units when said units are for rent, shall be set-aside for very-low, low-, and moderate-income units. All affordable units are to be constructed on-site and integrated among the building and/or buildings throughout the development so that such building or buildings contain a mix of affordable and market rate units.
b.
Rounding. When calculating the required number of affordable units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number.
c.
Requirements. All very-low, low-, and moderate-income housing units shall be in conformance with the requirements of: Chapter 22, Affordable Housing, of the Borough Code the Fair Housing Act, N.J.S.A. 52: 27D-301 et seq. ("FHA"); applicable requirements of the Courts of the State of New Jersey; and all applicable regulations on affordability controls and other regulations of the New Jersey Housing and Mortgage Finance Agency NJHMFA") including, without limitation, the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26. 1 et seq. ("UHAC").
d.
Bedroom Distribution of Very-Low, Low-, and Moderate-Income Housing Units. The bedroom distribution of very-low, low-, and moderate-income units for affordable units constructed in the 90 Midland Avenue Redevelopment District shall be as follows.
e.
Very-Low, Low-, and Moderate-Income Unit Split. At least 50% of the affordable units will be available to very low income and low-income households and the remainder of which will be available to moderate income households as defined in the FHA and UHAC and other applicable statutes and regulations. A minimum of 13% of the affordable units will be made available to very low-income households, defined as households earning 30% or less of the regional median income by household size.
f.
Affirmative Marketing.
1.
Consistent with the Borough's Settlement Agreement with Fair Share Housing Center ("FSHC"), the Developer shall be responsible for retaining Piazza and Associates, the Borough's Administrative Agent, for the affirmative marketing of the affordable units. The Developer shall retain Piazza and shall be responsible for all costs in connection therewith. In addition, in connection with the resale of any affordable unit, the Seller or Buyer shall be responsible for all costs and fees of the Administrative Agent. Under no circumstances shall the Borough be responsible for any fees and costs in connection therewith.
2.
Affirmative marketing for the affordable units shall commence 120 days before any Certificate of Occupancy is issued.
g.
Phasing. The phasing of the affordable units shall be consistent with the Borough's Settlement Agreement with FSHC, the Borough's Affordable Housing Ordinance, and N.J.A.C. 5:97-6.4 or any successor regulation.
h.
Deed Restrictions.
1.
The Developer shall Deed restrict all affordable units for a minimum of 40 years. The Deed restriction shall indicate the unit or apartment number of each affordable unit, the number of bedrooms in the unit, and the income level (i.e., moderate, low, or very low).
2.
At least 160 days prior to the issuance of any Certificate of Occupancy, there shall be submitted to the Borough's Municipal Housing Liaison a form of Deed restriction consistent with the Borough's Affordable Housing Ordinance and applicable regulations and an Affirmative Marketing Plan consistent with the Borough's approved Affirmative Marketing Plan.
i.
Uniform Housing Affordability Controls. The affordable units shall be governed by the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1, et seq.