West Orange Township_Fourth Round HEFSP_Final Draft

(Ord. No, 2250-09 § V) 25-18.5 Phasing Schedule for Zoning. West Orange has adopted redevelopment plans that include affordable housing. If future zoning is adopted, there will be a set-aside for affordable housing. Payment in lieu of development funds will be used within West Orange for the creation of affordable housing units. In inclusionary zones, the following schedule shall be followed: Percentage of Market-Rate Units Completed Minimum Percentage of Low- and Moderate-Income Units 25 0 25+1 10 50 50 75 75 90 100 25-18.6 New Construction, a, Low/Moderate Split and Bedroom Distribution of Affordable Housing Units: 1. The fair share obligation shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit. At least thirteen (13%) percent of all restricted rental units within each bedroom distribution shall be very low-income units (affordable to a household earning thirty (30%) percent or less of median income). The very low-income units shall be counted as part of the required number of low-income units within the development. At least twenty-five (25%) percent of the obligation shall be met through rental units, including at least half in rental units available to families. A maximum of twenty-five (25%) percent of the Township's obligation may be met with age restricted units. At least half of all affordable units in the Township's Plan shall be available to families. In each affordable development, at least fifty (60%) percent of the restricted units within each bedroom distribution shall be low-income units including that thirteen (13%) percent shall be very-low income. Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that: (a) The combined number of efficiency and one-bedroom units is no greater than twenty (20%) percent of the total low- and moderate-income units; (b) At least thirty (30%) percent of all low- and moderate-income units are two (2) bedroom units; (c) At least twenty (20%) percent of all low- and moderate-income units are three (3) bedroom units; and (d) The remainder may be allocated among two (2) and three (3)- bedroom units at the discretion of the developer. (e) Age-restricted low- and moderate-income units may utilize a modified

units; and (d) The remainder may be allocated among two (2) and three (3)- bedroom units at the discretion of the developer. (e) Age-restricted low- and moderate-income units may utilize a modified bedroom distribution and at a minimum, the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the affordable development. 4844-7802-2092, v. 2

This standard may be met by having all one (1)-bedroom units or by having a two (2)-bedroom unit for each efficiency unit. b. Accessibility Requirements. 1. The first floor of all restricted townhouse dwelling units and all restricted units in other multistory buildings shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7. 2. All restricted townhouse dwelling units and all restricted units in other multistory buildings in which a restricted dwelling unit is attached to at least one other dwelling unit shall have the following features: (a) (b) (c) (d) (e) (0) 4844-7802-2092, v. 2 An adaptable toilet and bathing facility on the first floor; and, An adaptable kitchen on the first floor; and, An interior accessible route of travel on the first floor; and, An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and If not all of the foregoing requirements in 2.(a) through 2.(d) can be satisfied, then an interior accessible route of travel must be provided between stories within an individual unit, but if all of the terms of paragraphs 2.(a) through 2.(d) above have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; and, An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that West Orange has collected funds from the development sufficient to make ten (10%) percent of the adaptable entrances in the development accessible: (1) In the case of a unit or units which are constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed: (2) The builder of the unit or units shall deposit funds, sufficient to adapt ten (10%) percent of the affordable units in the projects which have not been constructed with accessible entrances, with West Orange, for deposit into the municipal affordable housing trust fund; (3) The funds under paragraph (f)(2) above shall be available for the use of West Orange for the purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the

or the use of West Orange for the purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance; (4) The developer of the affordable project subject to P.L. 2005, c. 350 (N.J.S.A. 52:27D-31la et seq.) shall submit the design with a cost estimate for conversion to West Orange; and (5) Once West Orange has determined that the plans to adapt the entrances of the townhouse or other multistory unit meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, the West Orange Chief Financial Officer shall ensure that the funds are deposited into that fund. (6) Full compliance with this section shall not be required where an entity can demonstrate that it is site impracticable to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C, 5:23-7.

c, Maximum Rents and Sales Prices. Re In establishing rents and sales prices of affordable housing units, the administrative agent shall follow the procedures set forth in UHAC utilizing the most recently published regional weighted average of the uncapped Section 8 income limits published by HUD and by the Superior Court. The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than sixty (60%) percent of median income, and the average rent for restricted rental units shall be affordable to households earning no more than fifty two (52%) percent of median income. The developers and/or municipal sponsors of restricted rental units shall establish at least one (1) rent for each bedroom type for both low-income and moderate-income units, provided that at least thirteen (13%) percent of all low- and moderate-income rental units shall be affordable to very low-income households, earning thirty (30%) percent or less of the regional median household income, with such very low-income units counted toward the low-income housing requirement. The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than seventy (70%) percent of median income, and each affordable development must achieve an affordability average of fifty five (55%) percent for restricted ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three different sales prices for each bedroom type, and low-income ownership units must be available for at least two (2) different sales prices for each bedroom type. In determining the initial sales prices and rent levels for compliance with the affordability average requirements for restricted units other than assisted living facilities and age-restricted developments, the following standards shall be used: (a) A studio unit shall be affordable to a one (1)-person household; (b) A one (1)-bedroom unit shall be affordable to a one and one-half (1 %)-person household; (c) A two (2)-bedroom unit shall be affordable to a three (3)-person household; (d) A three-(3) bedroom unit shall be affordable to a four and one-half (4 %)-person household; and (e) A four (4)-bedroom unit shall be affordable to a six (6)-person household. In

rson household; (d) A three-(3) bedroom unit shall be affordable to a four and one-half (4 %)-person household; and (e) A four (4)-bedroom unit shall be affordable to a six (6)-person household. In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units in assisted living facilities and age-restricted developments, the following standards shall be used: (a) A studio shall be affordable to a one (1)-person household; (b) A one (1)-bedroom unit shall be affordable to a one and one-half (1 %)-person household; and, (c) A two (2)-bedroom unit shall be affordable to a two (2)-person household or to two (2) one (1)-person households. The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to ninety-five (95%) percent of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed twenty-eight (28%) percent of the eligible monthly income of the appropriate size household as determined under 4844-7802-2092, v. 2

N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented. 8. The initial rent for a restricted rental unit shall be calculated so as not to exceed thirty (30%) percent of the eligible monthly income of the appropriate size household, including an allowance for tenant paid utilities, as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented. 9. The price of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price. 10. The rent of low- and moderate-income units may be increased annually based on the permitted percentage increase in the Regional Income Limits chart. This increase shall not exceed nine (9%) percent in any one (1) year. Rents for units constructed pursuant to low- income housing tax credit regulations shall be indexed pursuant to the regulations governing low- income housing tax credits. 25-18.7 Utilities. a. Affordable units shall utilize the same type of heating source as market units within the affordable development. b. Those tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program. 25-18.8 Occupancy Standards. a. In referring certified households to specific restricted units, the administrative agent shall, to the extent feasible and without causing an undue delay in the occupancy of a unit. strive to: 1. Provide an oceupant for each bedroom; 2. Provide children of different sexes with separate bedrooms; 3. Provide separate bedrooms for parents and children; and, 4. Prevent more than two (2) persons from occupying a single bedroom. 25-18.9 Control Periods for Restricted Ownership Units and Enforcement Mechanisms. Control periods for restricted ownership units are pursuant to NJ.A.C. 5:80-26.5 and each restricted ownership unit shall remain subject to the

Restricted Ownership Units and Enforcement Mechanisms. Control periods for restricted ownership units are pursuant to NJ.A.C. 5:80-26.5 and each restricted ownership unit shall remain subject to the requirements of this ordinance for a period of at least thirty (30) years and thereafter until West Orange takes action by ordinance to release the unit from such requirements. Prior to such action, a restricted ownership unit must remain subject to the requirements of N.J.A.C, 5:80-26.1. a. The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit. b. Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the administrative agent shall determine the restricted price for the unit and shall also determine the non-restricted, 4844-7802-2092, v. 2

fair market value of the unit based on either an appraisal or the unit's equalized assessed value without the restrictions in place. a. At the time of the first sale of the unit, the initial purchaser shall execute and deliver to the administrative agent a recapture note obligating the purchaser (as well as the purchaser's heirs, successors and assigns) to repay, upon the first non-exempt sale after the unit's release from the requirements of this section, an amount equal to the difference between the unit's nonrestricted fair market value and its restricted price and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit. b. All conveyances of restricted ownership units shall be made by deeds and restrictive covenants pursuant to N.J.A.C, 5:80-26.1. ¢. The affordability controls set forth in this section shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units. d. A restricted ownership unit shall be required to obtain a Continuing Certificate of Occupancy or a certified statement from the Municipal Building Inspector stating that the unit meets all code standards upon the first transfer of title that follows the expiration of the applicable minimum control period provided under N.J.A.C. 5:80-26.5(a). 25-18.10 Price Restrictions for Restricted Ownership Units, Homeowner Association Fees, and Resale Prices. Price restrictions for restricted ownership units are pursuant to N.J.A.C. 5:80-26.1, including: a, The initial purchase price for a restricted ownership unit shall be approved by the administrative agent. b. The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards. c. The master deeds of affordable developments shall provide no distinction between the condominium or homeowner association fees and special assessments paid by low- and moderate-income purchasers and those paid by market purchasers. d. The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or that add an additional bathroom. 25-18.11 Buyer Income Eligibility. a.

s of capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or that add an additional bathroom. 25-18.11 Buyer Income Eligibility. a. Buyer income eligibility for ownership units is pursuant to N.J.A.C. 5:80-26.1, such that low- income ownership units shall be reserved for households with a gross household income less than or equal to fifty (60%) percent of median income and moderate-income ownership units shall be reserved for households with a gross household income less than eighty (80%) percent of median income. b. Notwithstanding the foregoing. however, the administrative agent may, upon approval by the Township Council, and subject to the Court's approval, permit moderate-income purchasers to buy low-income units in housing markets if the administrative agent determines that there is an insufficient number of eligible low-income purchasers to permit prompt occupancy of the units. All such low-income units to be sold to moderate-income households shall retain the required pricing and pricing restrictions for low-income units. c. A certified household that purchases a restricted ownership unit must occupy it as the certified household's principal residence and shall not lease the unit; provided, however, that the administrative agent may permit the owner of a restricted ownership unit, upon 4844-7802-2092, v. 2