N.J. Admin. Code § 19:31C-3.23

Current through Register Vol. 56, No. 23, December 2, 2024

Section 19:31C-3.23 - Affordable housing

(a) Development within the Fort Monmouth Project Area shall ensure that affordable housing units are constructed and comply with applicable provisions of the Fair Housing Act of 1985 and implementing rules and guidelines. As used in this section, "low or moderate income" shall have the meaning in the Fair Housing Act of 1985, 52:27D-301 et seq., and implementing rules and guidelines.

(b) For developments consisting of newly-constructed residential units located, or to be located, within the Fort Monmouth Project Area, at least 20 percent of the residential units constructed shall be required to be reserved for occupancy by low or moderate income households, to the extent this is economically feasible.

(c) A developer of a project consisting of newly-constructed residential units within the Fort Monmouth Project Area being financed in whole or in part with State funds, including, but not limited to, transit villages designated by the Department of Transportation and units constructed on State-owned property, shall be required to reserve at least 20 percent of the residential units constructed for occupancy by low or moderate income households.

(d) Affordable housing units constructed within the Fort Monmouth Project Area in accordance with COAH rules and guidelines and this subchapter may be utilized by the host municipality where such units are located toward fulfilling its COAH obligation (if such obligation specifically includes the host municipality's obligation attributable to development within the boundaries of the Fort Monmouth Project Area).

(e) The Authority shall identify and coordinate regional affordable housing opportunities in cooperation with the host municipalities in areas with convenient access to infrastructure, employment opportunities, and public transportation. Coordination of affordable housing opportunities may include methods to regionally provide housing in line with regional concerns, such as transit needs or opportunities, environmental concerns, or such other factors as COAH may permit; provided, however, that such provision by the Authority may not result in more than a 50 percent change in the fair share obligation of any municipality.

(f) Notwithstanding any other law or provision of this subchapter to the contrary, no development fees assessed within the Fort Monmouth Transportation Planning District (as defined in the Fort Monmouth Economic Revitalization Authority Act) shall be assessed for any low and moderate income housing units which are constructed within the Fort Monmouth Project Area pursuant to this subchapter.

N.J. Admin. Code § 19:31C-3.23