5. Applicability
a. The provisions of this Ordinance shall apply to all affordable housing
developments and affordable housing units that currently exist and that are
proposed to be created pursuant to the municipality’s most recently adopted
HEFSP.
b. This Ordinance shall apply to all developments that contain very low-, low-
and moderate-income housing units included in the Municipal HEFSP,
including any unanticipated future developments that will provide very low-,
low- and moderate-income housing units.
c. Projects receiving federal Low Income Housing Tax Credit financing and are
proposed for credit shall comply with the low/moderate split and bedroom
distribution requirements, maximum initial rents and sales prices
requirements, affirmative fair marketing requirements of UHAC at N.J.A.C.
5:80-26.16 and the length of the affordability controls applicable to such
projects shall be not less than a 30-year compliance period plus a 15-year
extended-use period, for a total of not less than 45 years.
B.
§ 102-95H(a)
Definitions
As used herein the following terms shall have the following meanings:
“Accessory apartments” means a residential dwelling unit that provides complete
independent living facilities with a private entrance for one or more persons,
consisting of provisions for living, sleeping, eating, sanitation, and cooking, including
a stove and refrigerator, and is located within a proposed preexisting primary
dwelling, within an existing or proposed structure that is an accessory to a dwelling
on the same lot, constructed in whole or part as an extension to a proposed or
existing primary dwelling, or constructed as a separate detached structure on the
same lot as the existing or proposed primary dwelling. Accessory apartments are
also referred to as “accessory dwelling units”.
“Act” means the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
“Adaptable” means constructed in compliance with the technical design standards of
the barrier free subcode adopted by the Commissioner of Community Affairs
pursuant to the “State Uniform Construction Code Act,” P.L.1975, c. 217 (C.52:27D-
119 et seq.) and in accordance with the provisions of section 5 of P.L.2005, c. 350
(C.52:27D-123.15).
“Administrative agent” means the entity approved by the Division responsible for the
administration of affordable units, in accordance with N.J.A.C. 5:99-7, and UHAC at
N.J.A.C. 5:80-26.15.
“Affirmative marketing” means a regional marketing strategy designed to attract
buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.16.
“Affirmative Marketing Plan” means the municipally adopted plan of strategies from
which the administrative agent will choose to implement as part of the Affirmative
Marketing requirements.