Ordinance #2810-26-0817

Amending Chapter 102-95, Article XI Entitled Zoning, Creating Subsection H
Entitled “Affordable Housing”

Whereas, This section of the Code sets forth regulations regarding the very low-, low-
and moderate-income housing units in Borough of Somerville consistent with the
provisions outlined in P.L 2024, Chapter 2, including the amended Fair Housing Act
(“FHA”) at N.J.S.A. 52:27D-301 et seq., as well as the Department of Community
Affairs, Division of Local Planning Services (“LPS”) at N.J.A.C. 5:99 et seq., statutorily
upheld existing regulations of the now-defunct Council on Affordable Housing (“COAH”)
at N.J.A.C. 5:93 and 5:97, the Uniform Housing Affordability Controls (“UHAC”) at
N.J.A.C. 5:80-26.1 et seq., and as reflected in the adopted municipal Fourth Round
Housing Element and Fair Share Plan (“HEFSP”).
Whereas, This Ordinance is intended to ensure that very low-, low- and moderate-
income units ("affordable units") are created with controls on affordability over time and
that very low-, low- and moderate-income households shall occupy these units pursuant
to statutory requirements. This Ordinance shall apply to all inclusionary developments,
individual affordable units, and 100% affordable housing developments except where
inconsistent with applicable law. Low-Income Housing Tax Credit financed
developments shall adhere to the provisions set forth below in item 5.c. below.
Whereas, The Borough of Somerville Planning Board has adopted a HEFSP pursuant
to the Municipal Land Use Law at N.J.S.A. 40:55D-1, et seq. The Fair Share Plan
describes the ways the municipality shall address its fair share of very low-, low- and
moderate-income housing as approved by the Superior Court and documented in the
Housing Element.
Whereas, This Ordinance implements and incorporates the relevant provisions of the
HEFSP and addresses the requirements of P.L 2024, Chapter 2, the FHA, N.J.A.C.
5:99, NJ Supreme Court upheld COAH regulations at N.J.A.C. 5:93 and 5:97, and
UHAC at N.J.A.C. 5:80-26.1, as may be amended and supplemented.
Whereas, 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. 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.
Whereas, 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.