Wantage Township City Zoning Code
§ 13-30.10
Lower Income Housing Requirements.
a.
Number and type of lower income dwelling units required. All development in the ML Zone shall be required to provide 20% of all dwelling units to be affordable for lower income households, unless the in-lieu payment option is selected. A minimum of 15% of all such lower income units shall be three-bedroom units of which 1/3 will be available to low-income households. Not more than 50% of all lower income units shall be one-bedroom units.
b.
Eligibility standard.
1.
One-half of all lower income units shall meet HUD Section 8, or other assisted housing programs, eligibility requirements for very low income (Mt. Laurel II low income) and 1/2 shall meet HUD eligibility requirements for lower income (Mt. Laurel II moderate income).
2.
The applicant may substitute alternate comparable standards (other than HUD) where appropriate and to the satisfaction of the planning board.
3.
The reviewing municipal board may permit age restrictions upon the occupants of any low and moderate income housing, but only in accordance with N.J.A.C. 5:92-14.3 or other prevailing law, rule or regulation.
4.
Initial pricing of the low and moderate income housing units shall comply with N.J.A.C. 5:92-12.4 or other prevailing law, rule or regulation.
5.
The price of low and moderate income housing shall comply with the range of affordability set forth in N.J.A.C. 5:92-14.2 in accordance with applicable law.
d.
Maximum monthly housing costs. The maximum monthly housing cost shall be 25% of the gross annual household income based on HUD's Section 8 income limits, adjusted for household size. The current maximum rent, sales prices, and monthly housing cost for sales housing is contained in Tables 1 and 2 at the end of this section which shall be revised annually as new HUD figures become available and tax rates change.
e.
Subsidies. Government subsidies may be used at the discretion of the applicant to fulfill the requirements of the section. The lack of said subsidies shall in no way alter or diminish the lower income requirements of this section.
f.
Resale and rental of lower income housing.
1.
All lower income dwelling units within the ML zones shall be required to have covenants running with the land to control the resale price of sub-lease or for-sale units or to employ other legal mechanisms which shall be approved by the township attorney and will, in his opinion, ensure that such housing will remain affordable to persons of lower income in accordance with applicable law.
2.
The owner of all rental units shall provide legal documentation, to be approved by the township attorney, to assure that rental units will remain affordable to persons of lower income in accordance with applicable law.
3.
In the event that no low or moderate income purchaser is found within 90 days, after the unit is listed for sale with a realtor and the township is notified in writing of such listing, the low income unit may be sold to a moderate income purchaser or, if none is available, to any interested purchaser and the moderate income unit to any interested purchaser. Proof of the attempt to sell shall be submitted to and shall be satisfactory to the housing administrator. Resale controls shall remain in effect for any subsequent resales and subleases in accordance with applicable law.
4.
The developer shall formulate and implement a written affirmative marketing plan acceptable to the planning board. 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 or buy or rent such housing and have the opportunity to buy or rent such housing. It shall include advertising and other similar outreach activities.
5.
Sales prices and rents may be increased in accordance with the annual Metropolitan New York Regional Consumer Price Index for Housing of the Department of Labor. For sales, housing, the sales price may also be increased for documented monetary outlays for reasonable improvements previously approved by the housing administrator and reasonable costs incurred in selling the unit. After 30 years, all such units may be sold or rented without restrictions.
6.
Rehabilitated owner-occupied single-family housing units that are improved to code standards shall be subject to affordability controls for at least six years.
7.
Rehabilitated renter-occupied single-family housing units that are improved to code standards shall be subject to affordability controls for at least 10 years.
8.
Income eligible township residents and employees shall have first priority over no more than 50% lower income housing for a period not to exceed 30 business days from the time such units are listed for sale or resale or made available for rent. Selection procedures shall be directed and administered by a township official appointed each year as the housing administrator by the township committee. The township committee may arrange for third party administration of resale and tenant selection of lower income housing.
g.
Phasing of lower income housing.
1.
Schedule for phasing.
(a)
Lower income housing shall be phased in accordance with the following schedule:
Percentage of Total Market Housing Unit Certificate of Occupancy | Minimum Percentage of Lower Income Housing Unit Certificate of Occupancy |
|---|---|
0 | 25 |
10 | 25 + 1 unit |
50 | 50 |
75 | 75 |
100 | 90 |
— | 100 |
(b)
The developer may construct the first 25% of the market housing units without constructing low and moderate income housing units. No certificates of occupancy shall be issued for any of the next 25% of market units until 25% of the low and moderate income housing units (of which half must be low income) shall have been issued certificates of occupancy. The remaining required low and moderate income housing units shall be completed and certificates of occupancy issued before certificates of occupancy are issued for any market housing units in excess of 75% of the total market housing units to be constructed.
2.
Any development in the ML zones for which site plan approval has been obtained shall be considered a single development for purposes of this paragraph g, regardless of whether parts or sections are sold or otherwise disposed of to persons or legal entities other than the one which received approval. All such approvals and conditions of approvals shall run with the land. Any tracts or parcels sold shall include documentation satisfactory to the township attorney, setting forth the requirements for low and moderate income housing units.
h.
Waiver of fees.