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Oakland City Zoning Code

§ 59-66.1

Affordable Housing.

[Added 8-20-1987 by Ord. No. 86-Code-66]
A. 
Purpose. The purpose is to establish an affordable housing zone to permit the construction of comprehensive, coordinated development of contiguous tracts of land for multi-family housing at maximum densities as hereinafter specified, conditioned upon the provision of 20% set aside for low and moderate income units.
B. 
Definitions. For the purpose of interpretation and implementation of this section, the following words and terms shall have the definitions provided. All other words and terms in this section shall have the definitions as provided herein:
(1) 
BEDROOM — A room for sleeping. Each townhouse unit shall have at least one bedroom with a minimum area of 150 square feet and the other bedroom shall contain a minimum area of 120 square feet.
(2) 
COMMON OPEN SPACE — Means an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
(3) 
BUILDING COVERAGE — The percentage of the property that is occupied by a building's footprint or structure, including all roof areas.
(4) 
TOTAL SITE COVERAGE — The percentage of gross development site area occupied by structures and all uncovered impervious surfaces such as parking spaces, driveways and walkways.
(5) 
ROADWAY — The common circulation facility serving a cluster of buildings and/or parking areas in the affordable housing zone.
(6) 
DRIVEWAY — The area providing direct access to one or more parking areas or garages linking said parking areas or garages to a common roadway circulation element.
(7) 
PARKING STALL — An accommodation of the off-street parking of a motor vehicle of not less than 180 square feet per vehicle exclusive of access drives or aisles and which shall be a minimum of nine feet in width measured perpendicular to the axis of the length with adequate provision for ingress and egress, except as provided for handicapped persons parking spaces which shall measure 12 feet in width and 20 feet in length.
(8) 
GROSS DEVELOPMENT SITE AREA — The total gross acreage of a development within existing streets and/or property lines prior to development or subdivision, including streets, easements and common open space portions of the development.
(9) 
TOWNHOUSE — A building containing two or more dwelling units, each dwelling unit separated by plane vertical party walls, separate and apart, each having direct access to the outside and the street without use of a common hall, or passageway.
(10) 
MINIMUM HABITABLE FLOOR AREA — The finished area of a dwelling unit that is enclosed by the inside surfaces of walls and windows in accordance with the standards established in the BOCA building code requirements of the Borough of Oakland.
(11) 
ACTIVE RECREATION AREA — A parcel of land dedicated and designed for the use and enjoyment of the owners and residents of the development, provided that the said areas may be improved with building, structures and facilities incidental to the recreation use.
(12) 
MULTIPLE FAMILY DEVELOPMENT — An area with a specified minimum contiguous acreage to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate accessory or public or quasi-public uses all primarily for the benefit of the residential development.
C. 
Principal permitted uses. No building or structure shall be erected and no existing building or structure shall be reconstructed, moved, altered, added to or enlarged, nor shall any land, building, or structure be designed, used or intended to be used for any purpose other than as follows:
(1) 
Townhouse dwelling units in detached, semi-detached or attached groups.
(2) 
Garden apartment dwelling units.
(3) 
Low-rise multi-family dwelling units.
(4) 
Utilities and essential services.
D. 
Accessory uses. Any use which is subordinate, but related and customarily incidental to the principal permitted uses.
(1) 
Signs as otherwise regulated in the borough ordinances.
(2) 
Noncommercial swimming pools, tennis courts and other outdoor recreational facilities.
(3) 
Private garages and off-street parking for private vehicles.
(4) 
Indoor and outdoor recreational facilities as required by this section.
(5) 
Public and private utility service facilities including water supply, sewage treatment, gas, electric, telephone and cable services and drainage facilities.
E. 
Area, bulk, and yard requirements.
(1) 
Minimum lot area: 20 acres.
(2) 
Minimum lot frontage along a county or municipal road: 300 feet.
(3) 
Average minimum lot width (at building setback line): 500 feet.
(4) 
Average lot depth (at midpoint of property): 750 feet.
(5) 
Setback from external lot lines:
(a) 
Front yard: 50 feet.
(b) 
Side yard: 30 feet.
(c) 
Rear yard: 30 feet.
(6) 
Lot coverage:
(a) 
Maximum building coverage: 20%.
(b) 
Maximum impervious coverage by impervious surfaces: 45%.
[Amended 7-23-2008 by Ord. No. 08-Code-572]
(c) 
Minimum required open space: 20%.
(7) 
Grades:
(a) 
Maximum improved grade for roadways and driveways: 10%.
(b) 
Maximum improved grades for parking areas: 6%.
(8) 
Accessory buildings:
(a) 
Minimum distance setback from principal buildings: 40 feet.
(b) 
Minimum setback from roadway: 30 feet.
F. 
Residential unit standards.
(1) 
Townhouses:
(a) 
Maximum building or structure length: 200 feet.
(b) 
Maximum number of units in single structure: 6.5 units.
(c) 
Maximum building height: 35 feet.
(d) 
Maximum number habitable stories: 2 stories.
(e) 
Maximum number of townhouse units before horizontal break: 5 units.
(f) 
Minimum break in horizontal alignment: 2 feet.
(g) 
Minimum distance between buildings: 20 feet.
[1] 
Front-to-front: 80 feet.
[2] 
Front-to-rear: 60 feet.
[3] 
Front-to-side: 45 feet.
[4] 
Side-to-side (average distance of sidewalls): 30 feet.
[5] 
Side-to-rear: 30 feet.
[6] 
Rear-to-rear: 40 feet.
(h) 
Minimum building setbacks from public or private main access roads: 30 feet.
(i) 
Minimum building setbacks from internal driveways: 15 feet.
(j) 
Minimum habitable floor area:
[1] 
One-bedroom unit: 800 square feet.
[2] 
Two-bedroom unit: 1,000 square feet.
(2) 
Garden apartment dwelling units:
(a) 
Maximum building or structure length: 180 feet.
(b) 
Maximum number of units in single structure: 24 units.
(c) 
Maximum building height: 40 feet.
(d) 
Maximum number of habitable stories: 3 stories.
(e) 
Minimum distance between buildings:
[1] 
Front-to-front: 150 feet.
[2] 
Front-to-rear: 150 feet.
[3] 
Front-to-side: 60 feet.
[4] 
Side-to-side (average distance of sidewalls): 80 feet.
[5] 
Side-to-rear: 60 feet.
[6] 
Rear-to-rear: 200 feet.
(f) 
Minimum building setback from public or private main access roads: 30 feet.
(g) 
Minimum building setbacks: 15 feet.
(h) 
Minimum habitable floor area:
[1] 
One-bedroom unit: 600 square feet.
[2] 
Two-bedroom unit: 850 square feet.
(3) 
Low-rise multi-family dwellings:
(a) 
Maximum overall building or structure length: 425 feet.
[1] 
No facade shall have a straight run in excess of 225 feet, with the remainder of the building having an angle turn of not less than 30°.
[2] 
Each front and rear building facade up to 200 feet in length on a straight run shall have a minimum of one four-foot break; each straight run in excess of 200 feet shall have a minimum of two four-foot breaks.
(b) 
Maximum number of units in a single structure: 80 units.
(c) 
Maximum building height: 40 feet.
(d) 
Maximum number of habitable stories: 4.
(e) 
Minimum distance between buildings:
[1] 
Front-to-front: 125.
[2] 
Front-to-rear: 125.
[3] 
Front-to-side: 75.
[4] 
Side-to-side (average distance of sidewalls): 50.
[5] 
Side-to-rear: 75.
[6] 
Rear to rear: 125.
(f) 
Minimum building setbacks:
[1] 
From public roads: 75 feet.
[2] 
From private interior roads: 20 feet.
(g) 
Minimum habitable floor area:
[1] 
Efficiency (In accordance with H.U.D. Standards)
[2] 
One-bedroom unit.
[3] 
Two-bedroom unit.
G. 
Maximum gross density: 6.5 unit/acre.
H. 
Off-street parking requirements per dwelling unit shall be as follows:
(1) 
Townhouses -Two parking spaces per dwelling unit. One parking space must be in the form of a garage.
(2) 
Garden Apartments - 1.5 parking spaces per dwelling unit.
(3) 
Low-rise multiple family dwellings - 1.75 parking spaces per dwelling unit.
(4) 
Visitor parking - 0.25 parking spaces per dwelling unit.
(5) 
There shall be no parking of any vehicle along roadways or main circulation roads within the development.
I. 
Circulation requirements.
(1) 
Roadway and driveway widths shall be determined as follows:
(a) 
Public - must conform to Borough standards.
(b) 
Private (except as provided in J. (1)):
[1] 
Roadway - one way: 16 feet.
[2] 
Roadway - two way: 24 feet.
[3] 
Driveway - one way: 12 feet.
[4] 
Driveway - two way: 20 feet.
[5] 
Individual townhouse driveway: 10 feet.
(2) 
Construction of pavement of all public roadways and all driveways shall conform to the borough standards for public roads.
J. 
Utility improvements and services for the AH Zone.
(1) 
Water facilities:
(a) 
The site shall be connected to a municipal water system.
(b) 
All facilities shall be designed and installed in accordance with the standards of the applicable governmental bodies having jurisdiction thereof.
(c) 
All water mains shall be a minimum of eight inches in diameter and shall be designed with fire hydrants to provide adequate fire protection in accordance with the recommendations of the National Fire Underwriters Board. The location of the fire hydrants shall be determined by the Municipal Fire Department.
(d) 
The water storage system shall conform to the recommendations of the National Fire Underwriters Board.
(2) 
Sanitary sewerage system:
(a) 
The development shall be serviced by a centralized sanitary sewerage collection and treatment system or an on-site treatment plant, collection and facilities of which shall be designed in accordance with the standards of the New Jersey Department of Environmental Protection and/or appropriate local, county, state and federal officials and agencies.
(b) 
The developer shall provide an organization for the ownership and maintenance of any and all sewage collection and facilities including but not necessarily limited to all collectors, appurtenances, pumping facilities and outfall sewers, not located within municipal streets or right-of-way. Said organization shall be fully responsible for compliance with all federal, state and local laws, and regulations; for securing all pertinent permits, for the operations, function and maintenance of any on-site facilities. Said organization may be a firm, corporation or other legal entity owned and/or controlled by the developer.
(3) 
Drainage and storm water management:
(a) 
The developer shall be serviced by a storm water management system as designed by the applicant and shall conform to all relevant borough, state and federal statutes, rules and regulations concerning storm water management or flood control.
(b) 
The development of the AH Zone will be required to provide a comprehensive drainage system for the entire property including a mandate that there will not be any increase in the rate of runoff, for a 100-year storm, from the property than exists in present state. (0% increase in peak runoff).
(4) 
Electric, gas, telephone and cable television services if available shall be provided by developer in concert with the appropriate public utility providing such services and shall be installed underground except high voltage, electric primaries over 30,000 volts. One master television antenna or one cable television connection shall be provided for each building.
(5) 
Street improvements, monuments, street names and other traffic control devices, shade trees, street lights, sidewalks, curbs, fire hydrants, and all aspects of street construction, as well as other improvements shall be subject to local and state regulations and Borough Engineer approval.
(6) 
Refuse pick up areas shall be provided and shall be located for the convenience of the residents of the developments. All such areas shall be screened with fencing four feet in height and exterior shrubs of not less than two feet in height on at least three exposed sides.
(7) 
If a residents' association or a condominium association is established in the AH Zone, the organization shall be required to provide for and/or contribute to the expense or cost of the upkeep, maintenance and expense of sanitary sewer system, roads, drives, parking facilities, drainage facilities, street parking, street lighting, refuse pick up, snowplowing, and other services.
K. 
Indoor and outdoor recreational facilities' implementation requirements.
(1) 
The area for detention basins and other drainage control devices shall not qualify as active recreation space as required by this section but shall be suitable for passive recreational functions. Additionally, wetland areas shall not qualify as active recreation space as required by this section, except for existing facilities within wetland areas or as approved by N.J.D.E.P. Active recreation space for swimming pools, tennis courts and other sport and recreational activities may be improved with facilities, buildings, and structures for indoor and/or outdoor recreational use consistent with the residential character of the development.
(2) 
All improvements of the common open space area, as shown on the approved site plan, including recreational facilities, buildings and structures shall be completed before a certificate of occupancy shall be granted to more than 75% of the proposed dwelling units.
(3) 
All owners and residents of the AH Development shall have the right to use the common open space and active recreational facilities, subject to reasonable rules and regulations. In the event the proposed development shall consist of a number of stages the developer shall provide active recreational areas proportionate in size to the stage being considered for final approval.
(4) 
All open spaces shall be connected to residential areas with walkways or other reasonable means of access.
L. 
General design standards of AH Zone.
(1) 
Buffer:
(a) 
The developer shall provide and maintain a buffer area inclusive of the required yard, of not less than 15 feet from all external lot lines of the development. The said buffer area shall be kept in its natural state where wooded and where natural vegetation is sparse or nonexistent the area shall be planted to provide a year-round natural screen.
(b) 
Only the following uses shall be permitted in a buffer area:
[1] 
Detention and retention basins.
[2] 
Underground utilities.
[3] 
Walkways, trails, bicycle paths.
(c) 
The required buffer area shall be included for the purpose of computing compliance with the common open space requirements and yard setback requirement of this section.
(2) 
Each building and structure and each complex of the same shall have a compatible architectural theme in design to provide attractiveness within the development. Such variation shall result from the use of landscaping and the location and orientation of buildings and structures to the natural features of the site.
(3) 
Landscaping:
(a) 
Landscaping shall be provided throughout the development site to provide a natural setting for building, structures, and recreational facilities. Shade trees shall be planted at the discretion of the Planning Board adjacent to public or private roadways. No tree shall be planted nearer than 25 feet to an intersection.
(b) 
All island or unpaved areas within a street shall be landscaped.
(c) 
Within any area of clearing, not occupied by a building, structure, street, parking area, or recreational facility, there shall be provided landscaped trees and other shrubbery and design features in accordance with the Borough Site Plan Ordinance requirements and N.J.D.E.P. regulations.
(4) 
Concrete or brick paver walkways shall be provided between residential buildings and common parking areas. Walkways shall have a minimum width of four feet.
(5) 
Adequate lighting fixtures for walks, steps, parking areas, driveways, streets and other facilities shall be provided at locations to provide for the safe and convenient use of the same. Fixtures shall be situated and designated in keeping with the character of the development and shall be adequately shaded to screen windows of dwelling units, both off and on the development site, from direct and indirect light. No flashing, intermittent moving light shall be permitted. Lighting illumination levels shall minimally provide 1/2 foot-candle in all parking and sidewalk areas.
(6) 
Every building shall have two means of ingress and egress to the exterior in accordance with BOCA code requirements.
M. 
Ownership and maintenance.
(1) 
The developer shall establish an organization(s) for the ownership and maintenance of off-street parking space, recreational, utility and essential service facilities for the benefit of the residents of the development, and for the maintenance of common open space. The same shall be held in perpetuity by the organization(s) subject to appropriate easements. Structures and facilities in support of recreational activity may be constructed in accordance with the site plan approval. Such organization(s) shall not dispose of said off-street parking space, recreational and/or utility and essential service facilities by sale or otherwise, except to an organization(s) conceived and established to own and maintain the same for the benefit of such development and the residents thereof. Thereafter such organization(s) shall not be dissolved or dispose of any of said off street parking space, recreational, utility and essential service facilities without obtaining the consent of the members of the organization(s) as provided by law and also without offering to dedicate the same to the municipality. The developer shall be responsible for the maintenance of said off-street parking space, recreational, utility and essential service facilities and shall provide for all services to the development until such time as the organization(s) established for the ownership and maintenance of the same and the maintenance of common open space shall be formed and functioning.
(2) 
In the event that the organization shall fail to maintain said recreation and open space facilities for the benefit of the residents of the development, in reasonable order and condition, the Governing Body may serve written notice upon such organization or upon the residents and owner of the development setting forth the manner in which the organization has failed to maintain the same in reasonable condition, and demanding that such deficiencies be remedied within 35 days of the date of service. The notice shall also state the date and place of a hearing thereon, which shall be held within 15 days after the date of notice. At such hearing the Governing Body may modify the terms of the original notice as to the deficiencies and may give an extension of time not to exceed 65 days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension of time thereof, the Governing Body, in order to preserve said open space and recreational facilities for the benefit of the residents of the development, the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space and recreational facilities. Before the expiration of said year, the Governing Body shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space and recreational facilities call public hearing upon 15 days' written notice to such organization and to the residents and owners of the development to be held by the Governing Body, at which hearing such organization and the residents and owners of the development shall show cause why such maintenance by the Municipality shall not, at the discretion of the Governing Body, continue for a succeeding year. If the Governing Body shall determine that such organization is ready and able to maintain same in reasonable condition, the Municipality may, in its discretion, continue to maintain said open space and recreational facilities for the benefit of the residents of the development, during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the Governing Body in any such case shall constitute a final administrative decision subject to judicial review.
(3) 
The cost of such maintenance by the Municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space and recreational facilities for the benefit of the residents of the development, in accordance with assessed value at the time of imposition of the lien, and shall become a tax lien, on said properties and be added to and be part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.
(4) 
It shall be the responsibility of the said organization(s) to also maintain loading and unloading areas, driveways, aisles, sidewalks, and access ways in good condition, free of litter and refuse, potholes, cracked pavement, ice, snow or other seasonal hazards, etc. All lighting, bumpers, markings, signs, drainage and landscaping shall be similarly kept in workable, safe, and good condition.
N. 
Administrative provisions.
(1) 
Any application for development in the AH Zone shall be processed and reviewed pursuant to the procedures and standards of the Site Plan Ordinance and, where applicable, the land subdivision ordinance and the laws, rules and regulations of any other governmental entity having jurisdiction over the subject matter. The Planning Board may engage any and all necessary experts to assist the Planning Board in the review of any aspects of the application.
(2) 
The applicant for development in the AH Zone shall submit a comprehensive conceptual site plan for the entire area so zoned and under the applicant's control. Said plan shall be in accordance with the terms of the zoning ordinance, site plan ordinance, subdivision ordinances, and the laws, rules and regulations of any other governmental entity having jurisdiction over the subject matter. The comprehensive plan shall be submitted as part of the preliminary site plan application.
(3) 
Staging. The affordable house development may be developed in stages as outlined herein.
Applications for final site plan approval shall be limited to a minimum of 20% of the total number of housing units authorized by the Planning Board at the preliminary application stage. Once a final stage is approved by the Planning Board, the second stage shall not be permitted for consideration by the Planning Board for a period of not less than three months. All subsequent stages shall likewise have a waiting period of no less than three months from the time of approval granted by the Planning Board of the preceding stage.
Any conditions or approvals granted by the Planning Board shall be further conditioned and subject to a developer's agreement.
(4) 
Off-tract improvement (if any), shall be governed by the Site Plan Review and Subdivision of Land Ordinance of the Borough of Oakland as well as the Municipal Land Use Law of the State of New Jersey.
(5) 
Sequence of stages:
In the deliberation of the proposed sequence of stages the Planning Board shall be guided by the following criteria and factors:
(a) 
That each stage is substantially self-functioning and self-sustaining with regard to access, utility service, parking, open space and other similar physical features and shall be capable of occupancy, operation and maintenance upon completion of construction and development.
(b) 
That each is properly related to every other segment of the Affordable House Development and to the community as a whole and to all necessary community services which are available or which may be needed to serve the Affordable House Development in the future.
(c) 
That adequate protection will be provided to insure the proper disposition of each stage through the use of maintenance and performance guarantees, covenants, and other formal agreements.
O. 
General regulations.
(1) 
Low and moderate income housing requirements:
(a) 
10% of the total number of units shall be made affordable and sold or rented to low income persons and at least 10% of the total number of units shall be made affordable and sold or rented to moderate income persons.
"Low income" is defined as having total gross household income equal to 50% or less of the median household income for households of the same size using the median income data for household size prepared by the United States Department of Housing and Urban Development ("HUD") for the region which includes Oakland, for the Bergen-Passaic-Hudson PSMA, which has been adopted by the New Jersey Fair Housing Council.
"Moderate income" is defined as having total gross household income between 50% to 80% of the median household income for households of the same size for the region which includes Oakland using the median income data for household size prepared by HUD, for the Bergen-Passaic-Hudson PSMA.
"Affordable" means that a household at the ceiling income for each income group, for each household size, is not required to pay more than 28% of its gross household income for the total of principal, interest, property taxes, insurance and homeowner's association assessments, and realistically available mortgage rates. In case of rental housing such a household is not required go pay more than 30% of income for rent excluding utilities.
(b) 
No more than 70% of the low and moderate income units shall be efficiency or one bedroom units.
(c) 
The plan shall provide preference to certain categories of qualified low and moderate income families in the following order of priority:
[1] 
Senior citizen residents of the Borough of Oakland.
[2] 
Residents of the Borough of Oakland.
[3] 
Employees of the Borough of Oakland.
[4] 
Residents or employees of Bergen County.
[5] 
Individuals with planned employment in the Borough of Oakland.
(d) 
The developer shall formulate and implement a written affirmative marketing plan acceptable to the Planning Board or the agency designated by them. The affirmative marketing plan shall be realistically designed to ensure that lower income persons of all races and ethnic groups are informed of the housing opportunities in the development, feel welcome to seek to buy or rent such housing. It shall include advertising and other outreach activities realistically designed to reach the low and moderate income families listed in subsection (c) above. The plan shall include advertisement in the newspaper, periodicals and other advertising media.
(e) 
A developer shall submit a phasing schedule for the construction of the low and moderate income units. The developer may construct the first 20% of the development without constructing any low and moderate income units. By the time 40% of the units of the development are constructed, at least 20% of the low and moderate income units shall be constructed and sold to lower income purchasers. By the time 60% of the units in the development are constructed, at least 45% of the low and moderate income units shall be constructed and sold to lower income persons. No certificate of occupancy shall be issued for any units other than affordable to low and moderate income households until all low and moderate income units in the previous phase have been completed.
(f) 
The developer shall submit a plan for resale or rental controls to ensure that the units remain affordable to low and moderate income households for at least 30 years. The purchaser shall be entitled to sell the units for:
[1] 
The original sales price multiplied by 75% of the increase in the Consumer Price Index between the date of purchase and the date of resale, and
[2] 
Reimbursement for documented monetary outlays for reasonable improvements.
The low income units upon resale may be sold to low income persons and moderate income units may be sold to low or moderate income purchasers. If, however, no low income purchaser is found within two months, the low income units may be sold to a moderate income purchaser or if none is available, to any interested purchaser.
If no moderate income purchaser is found for a moderate income unit within six months, the unit may be sold to any purchaser. Regardless of the income of the purchaser, the resale controls shall remain in effect for subsequent resales.
(g) 
Rentals. Where units are offered as rental units they shall continue to be offered as rental units for 15 years. After 15 years they may be sold at prices affordable to moderate income households, subject to such resale price controls as may be necessary to ensure that the units continue to be affordable to moderate income households for the remainder of all of the thirty-year period commencing from the date of initial rental.
(h) 
A developer in the Affordable House Zone may request the Planning Board and/or borough to further waive or modify cost generating requirements in the zoning, subdivision or site plan ordinance, to waive or reduce fees, or to grant tax abatement to the extent authorized by law, if the developer determines that such actions are necessary to provide the required percentage of low and moderate income housing.
(2) 
The municipality shall provide by ordinance an affordable housing committee established to enforce the foregoing provisions with respect to initial sales and resales controls contained in these general regulations.
(a) 
Where the number of applicants exceed the number of low and moderate income units available, the sales or rental of such units shall be in accordance with the date of application submitted, with earlier applicants being given preference over later applicants. The distribution of available units shall be consistent with the proportion of income categories as provided.
(b) 
All applicants for the purchase or rental of low and moderate income units shall meet the income qualifications established in this section at the time the application is filed and shall be qualified at the time of taking title or occupancy.
(c) 
In a multi-family development under management of a single landlord, all tenants of rented low and moderate income units shall be required to give proof of continued income qualification the first and each subsequent anniversary date of taking occupancy. A tenant shall cease to remain qualified if total household income exceeds 125% of the moderate income limit. Any tenant household not remaining so qualified on the first or subsequent anniversary date of taking occupancy shall be required to vacate the rented units upon nine months' written notice if there is a qualified applicant available for each unit; provided, however, that a household that ceases to meet the qualifications as a low income household, but does meet the qualifications as a moderate income household, may continue to occupy the units, and the next unit to become available which is owned by the same owner as the unit changing from low to moderate income occupancy shall be rented to a low income household. Upon the issuance of the written notice to vacate, the limitation of rental charges as set forth in this chapter shall cease to apply and until the subject unit is vacated the owner shall be entitled to an increase in rent, provided that the increase does not exceed 30% of the amount by which the tenant's income exceeds the current maximum income limitation for a moderate income household. In the implementation of this paragraph income limitations shall be as adjusted for household size.
(d) 
The borough may administer these controls directly, or may enter into an agreement with a nonprofit corporation or other governmental entity or may permit the developer to administer these controls, either directly or through a nonprofit entity established by the developer, but in no event may the borough require the developer to administer these controls as a condition of approval, nor any of the resale controls be administered merely by the existence of a deed restriction of the property.
P. 
Zoning map change. The zoning map of the Borough of Oakland is hereby amended to place lots 1, 2, and 3, block 1122 and lot 1, block 2213 within the AH Zone of the Borough of Oakland.[1]
[1]
Editor's Note: The Zoning Map of the Borough of Oakland is certified and on file in the offices of the Borough Clerk and Building Inspector.