Ord 1479-Repealing & replacing Chapt 85 affordable Housing

BOROUGH OF WILDWOOD CREST

COUNTY OF CAPE MAY

STATE OF NEW JERSEY

ORDINANCE NO.  1479

AN ORDINANCE OF THE BOROUGH OF WILDWOOD CREST REPEALING AND REPLACING CHAPTER 85, ARTICLE XXI, AFFORDABLE HOUSING

WHEREAS, Chapter 85, Article XXI (Affordable Housing) of the Municipal Code of the Borough of Wildwood Crest has to be repealed and replaced in its entirety to comply with the Fair Housing Act, N.J.S.A. 52:27D-301, et. seq. (“FHA”), as was amended in 2024, the newly adopted Uniform Housing Affordability Controls (“UHAC”) regulations, N.J.A.C. 5:80-26.1 et seq.,and newly adopted N.J.A.C. 5:99-1 et seq; and

WHEREAS, this Ordinance establishes Borough wide regulations and standards to govern the development of very low, low and moderate-income affordable units for for-sale and rental residential developments that may be approved by the Borough or the Borough Planning Board, and is designed to regulate these very low, low- and moderate-income units in a manner consistent with the FHA, UHAC, N.J.A.C. 5:99-1 et seq., and applicable New Jersey Council on Affordable Housing (COAH) regulations; and

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May and State of New Jersey that Chapter 85, Article XXI (Affordable Housing) of the Municipal Code of the Borough of Wildwood Crest is hereby repealed and replaced as follows:

Section 1.  Chapter 85, Article XXI, Affordable Housing, of the Municipal Code of the Borough of Wildwood Crest, shall be repealed and replaced as follows:

§ 85-2101        Affordable Housing Obligation

§ 85-2102 Introduction & Applicability.

1.      This section of the Code sets forth regulations regarding the very low-, low- and moderate-income housing units in Borough of Wildwood Crest 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”).

2.      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.

3.      TheBorough of Wildwood Crest 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.

4.      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.

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