West Long Branch City Zoning Code
§ 18-4.9
Affordable Housing Inclusionary Development Regulations:
[Ord. #O-08-7, S X]
a.
Development within inclusionary developments shall conform with the following restrictions:
1.
The development shall provide one affordable housing unit for every five market rate for sale units (i.e. 20%) and/or one affordable housing unit for every 6.67 rental units (i.e. 15%) of the total development. A minimum of 1/2 of the affordable housing units shall be low income housing units. Where two or more affordable units are to be provided not less than 50% of the affordable units constructed shall be affordable to low income households.
2.
Deed Restrictions. Affordable "for sale" housing units shall be permanently deed restricted and rental units shall be deed restricted for a minimum of 30 years in accordance with the requirements of N.J.A.C. 5:94 and N.J.A.C. 5:95.
The deed restrictions shall conform with the requirements and format of restrictions established by the New Jersey Council on Affordable Housing. Developers of housing units for low and moderate income households shall enter into a written agreement, binding on all successors-in-interest, in accordance with N.J.A.C. 5:94 et seq., at the time of sale, resale, rental or re-rental regardless of the availability of Federal, State, County or Borough subsidy programs. Affordability controls shall run with the land and shall place limitations upon the resale/rerental of affordable units in accordance with N.J.A.C. 5:94 and by means of any deed restrictions and/or lien documents promulgated by the Council on Affordable Housing.
3.
Location and Design. Low and moderate income inclusionary housing shall be designed in accordance with the following provisions:
(a)
The low and moderate income housing units shall be sited on the tract in locations at least as accessible to common open space and community facilities as market-priced dwelling units. Rental units may be concentrated for ownership and management unit reasons.
(b)
The exterior design of the low and moderate income housing units shall be harmonious in scale, texture, and materials with the market-priced units on the tract.
(c)
Low and moderate income units shall utilize the same heating source as market units within inclusionary developments.
4.
Certificates of Occupancy. Certificates of Occupancy for developments which include affordable housing units shall be subject to the following additional provisions.
(a)
Phasing of affordable units. Affordable housing units shall be built, occupied and receive Certificates of Occupancy in accordance with the following schedule.
Percentage of Low and Moderate Income Units Completed | Percentage of Market Housing Units Completed |
|---|---|
0 | 25 |
10 | 25 + 1 unit |
50 | 50 |
75 | 75 |
100 | 90 |
100 |
(b)
No initial occupancy of a low or moderate income housing sales unit shall be permitted prior to issuance of a Certificate of Occupancy and no Certificate of Occupancy for initial occupancy of a low or moderate income housing sales unit shall issue unless there is a written determination by the Authority that the unit is to be controlled by a deed restriction and mortgage lien as adopted by COAH.
(c)
A Certificate of Reoccupancy for any occupancy of a low or moderate income housing sales unit resulting from a resale shall be required, and the Borough shall not issue such certificate unless there is a written determination by the Authority that the unit is to be controlled by the deed restriction and mortgage lien required by the COAH.
(d)
An Affordable Housing Agreement between the owner of the property and the Borough of West Long Branch shall be required for all rental units in accordance with N.J.A.C. 5:93-9.1 et seq. and N.J.A.C. 5:80-26.1 et seq.
(e)
The Certificate of Reoccupancy shall not be required where there is a written determination by the Authority that controls are allowed to expire or in that the repayment option is being exercised pursuant to N.J.A.C. 5:93-9.4.