Rockaway Township City Zoning Code
§ 54-30.14
Low and moderate-income housing requirements.
[Ord. No. 95-24 § 54-112; Ord. No. 99-19 § 2]
A. AFFORDABLE LOW INCOME HOUSEHOLD MODERATE INCOME HOUSEHOLD
For the purpose of administering this section, the following terms shall be defined:
The cost for which household at the ceiling income for each income group, for each household size, is not required to pay more than 25% of its gross household income for the total of principle, interest, property taxes, insurance and homeowner's association assessments, calculated on the basis of a 10% down payment, and realistically available mortgage interest rates. In the case of rental housing, such a household is not required to pay more than 25% of income for rent including utilities.
A household having a total gross household income of not more than 50% of the median household income of households of the same size using the median income data for household size prepared by the United States Department of Housing and Urban Development, (Newark SMSA) contained in HUD, Section 8, Rental Assistance Program Income by Family Size.
A household having a total gross household income between 50% and 80% of the median household income for households of the same size using the median income data for household size by the United States Department of Housing and Urban Development, (Newark SMSA) contained in HUD, Section 8, Rental Assistance Program Income by Family Size.
B.
At least 10% of the total number of residential dwellings hereinafter constructed within each development in the OR-3 district shall be made affordable and sold or rented to low income persons, and 10% shall be made affordable and sold or rented to moderate income persons. If any developer builds residential housing in any district at a gross density of greater than five units per acre, at least 10% of the total number of residential dwellings hereinafter constructed within each such development shall be made affordable and sold or rented to low income persons and 10% shall be made affordable and sold or rented to moderate income persons. Notwithstanding the provisions of this section, the following sites shall be excluded from the requirements of this provision due either to preliminary approvals heretofore having been granted by the Township or activities between the Township and developer conducted in good faith that were not predicated upon the foregoing provisions:
C.
At least 20% of the low-income units and 20% of the moderate-income units shall be three bedroom units and no more than 50% of the low-income units and 50% of the moderate-income units shall be one bedroom or efficiency units.
D.
The developer shall agree not to impose any residency requirements upon prospective renters or purchasers of any low and moderate-income units, except that the Township shall require the developer to offer units for rental or sale exclusively to residents of Rockaway Township for a period of not more than 15 days. The developer shall agree not to impose age requirements upon occupants of low and moderate-income units, except that in units designated by the Planning Board, on an approved site plan as senior citizen units, which shall include a total of no more than 114 low-income units and 114 moderate-income units constructed under this chapter, the developer may be required to restrict sale or rental to eligible low and moderate income persons over the age of 62.
E.
The developer shall formulate and implement a written affirmative marketing plan acceptable to the Planning Board with agreement of the Township Council. The affirmative marketing plan shall be realistically designed to inform all components of the population of the housing opportunities in the development, that they are welcome to seek to buy or rent such housing and that they have the opportunity to buy or rent such housing. It shall include advertising and other outreach activities realistically designed to reach all components of the lower income population in municipalities in the Mt. Laurel housing region of which the Township is a part.
F.
The developer shall submit a phasing schedule for the construction of low and moderate-income units. The phasing schedule shall provide that the number of low-income units constructed in each phase shall be approximately equal to the number of moderate-income units constructed in that phase.
(1)
The developer may construct the first 20% of the market rate units in the development before constructing any low or moderate-income units.
(2)
By the time 40% of the market rate units have been constructed, at least 20% of the lower income units must be constructed and sold or rented to lower income households. No certificates of occupancy may be issued for market rate units in excess of 20% of all market rate units in the development until such sales or rentals have taken place.
(3)
By the time 60% of the market rate units have been constructed, at least 40% of the lower income units must be constructed and sold or rented to lower income households. No certificates of occupancy may be issued for market rate units in excess of 40% of all market rate units in the development until such sales or rentals have taken place.
(4)
By the time 80% of the market rate units have been constructed, at least 70% of the lower income units must be constructed and sold or rented to lower income households. No certificates of occupancy shall be issued for market rate units in excess of 60% of all market rate units in the development until such sales or rentals have taken place.
(5)
By the time 100% of the market rate units have been constructed, 100% of the lower income units must be constructed and sold or rented to lower income households. No certificates of occupancy shall be issued for market rate units in excess of 80% of all market rate units in the development until such sales or rentals have taken place.
G.
A 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, plus the original sales price multiplied by 75% of the percentage increase in the Consumer Price Index between the date of purchase and the date of resale; and
(2)
Reimbursement and documented monetary outlays for reasonable improvements; and
(3)
Any reasonable cost incurred in selling the unit.
H.
The low-income unit upon resale may be sold only to low income persons, and the moderate-income units may be sold to low or moderate income purchasers. If, however, no low income purchaser is found within 60 days, the low-income unit 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 60 days, the unit may be sold to any purchaser. Regardless of the income of the purchaser, the resales controls shall remain in effect for subsequent resales. The developer may create a nonprofit corporation, enter into an agreement with a nonprofit corporation or a governmental agency, or choose to administer to resale controls itself, but in no event may the resale controls be administered merely by a deed restriction.
I.
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 the thirty-year period commencing from the date of initial rental.
J.
Upon the construction of 1,135 units of affordable low and moderate-income housing units pursuant to the conditions imposed by this chapter, including housing which meets the standards of Section 8 of the Community Development Act of 1974, as amended, or equivalent program, the Township will not require of any developer the further construction of the affordable low and moderate-income household units.
K.
The Planning Board shall review the location and design of units in any proposal for development involving construction of affordable low and moderate-income housing units and may, in its discretion, require the developer to alter its development proposal, if necessary, to ensure reasonable integration of low and moderate-income housing units within the development.
L.
If any housing units in the proposed development are associated together through condominium ownership, cooperative ownership, membership in a homeowners or similar association, or other organization providing for common upkeep and maintenance of property, then the low and moderate-income housing units provided for in this chapter and the owners of such units shall be an integral part of such common ownership regime and members of such organization with the same rights and privileges accorded to other units and unit owners in the development.
M.
A developer in the district may request that the Planning Board and/or Township waive or modify cost-generating requirements in the zoning, subdivision or site plan regulations except for density limitations, waive or reduce fees, or grant tax abatement to the extent authorized by law, if the developer claims that such actions are necessary to provide the 20% low and moderate-income housing units. A developer may choose one of three impartial housing experts from a list prepared by the Planning Board and have the expert make recommendations, at the expense of the developer, on the necessity for the proposed waivers, modifications or other actions. The expert shall also consider whether the requirement for which the waiver or modification is sought is a necessary minimum standard required for public health and safety. In the event that the expert determines that, even after full municipal cooperation, it is not economically feasible for the developer to provide the full amount of affordable low and moderate-income units, the expert may recommend that the developer provide 12% moderate income and 8% low-income units. Such a modification in the low and moderate income obligations shall not be approved unless the expert determines that the Township has substantially complied with his recommendations for municipal actions to reduce costs. The Planning Board shall not be bound to accept or approve the recommendations of the expert, but may in its discretion reject any or all of such recommendations. In the event that the Planning Board declines to accept one or more of the recommendations of the expert, it shall detail its reasons in writing.
N.
Notwithstanding any other provision of this chapter, any developer who submits a substantially complete application for development for any project in the OR-3 district as required in Subsection 54-21.3, and shall diligently pursue the application, shall accrue a vested right to develop that property which is the subject of the application, pursuant to the development standards of the Rockaway Township Land Use Ordinance in effect at the time of the filing of the substantially complete application.
O.
The Township shall, on an annual basis, furnish the plaintiffs and the Court with a statement describing what lower income housing development has occurred and the status of each site rezoned under this agreement.