WEST LONG BRANCH — Officials are hopeful that affordable housing regulations adopted last week will bring the borough into full compliance with state regulations.
The Borough Council adopted an ordinance at the Sept. 21 meeting that establishes affordable housing regulations within the town.
Borough Attorney Greg Baxter said in an interview that the ordinance is a result of a builder’s remedy lawsuit filed by the developer of the Avalon Bay complex on Monmouth Road.
“Afew years back the borough was sued by an outfit called WLBVP Inc. — they are the company that built the Avalon Bay apartments on Monmouth Road,” he said. “As part of that suit, we had a fairness hearing.
“That basically resolved that suit. As part of that litigation, we were required to adopt some additional ordinances,” he added.
Baxter said last week’s ordinance, which had previously been approved by the borough’s Planning Board, is the last step in the fairness hearing process.
Thomas Thomas, borough planner, explained in an interview last week that the ordinance was a requirement of the settlement.
Thomas said the ordinance that was passed last week sets the affordable housing regulations for the municipality and not just the development that generated the lawsuit.
He said a compliance hearing is set for Dec. 12.
“We have already adopted all of the ordinances required; the borough has not received approval yet for full protection [from other lawsuits],” Thomas said. “At that hearing, assuming everything goes well, the court will give the borough permanent protection.
“The compliance hearing is the one where the court will review all the documents and various ordinances that are required,” he added.
According to the ordinance, the borough regulations will be in compliance with the New Jersey Council on Affordable Housing, the Uniform Housing Affordability Controls and other statewide and federal regulations.
The ordinance stipulates that 30 percent of the borough’s fair-share housing obligation, or obligation to provide affordable housing, must be two- or three-bedroom units, and the remaining units are at the developer’s discretion.
Households making less than 30 percent of the median income are eligible for verylow income rental units, while households with a gross income less than 50 percent of the median income are eligible for low-income units, and those earning less than 80 percent are eligible for moderate-income rental units.
The ordinance sets the maximum rent for restricted rental units as affordable to households earning no more than 60 percent of the median income, and the average rent cannot exceed 52 percent of the median income.
The ordinance also requires that 13 percent of the affordable units be for very-lowincome households, those who are earning no more than 30 percent of the median income.
Also, the maximum sale price of the units is to be affordable to households earning no more than 70 percent of the median income.
The ordinance also sets a phasing schedule for market-rate and affordable- housing unit construction.
Contact KennyWalter at [email protected].