Avalon OKs Affordable Housing Ordinances

AVALON – Avalon Borough Council adopted four ordinances July 25 that are part of its settlement agreement with the Fair Share Housing Center. The ordinances form the core of the borough’s housing plan for meeting its obligation to provide “reasonable opportunity” for the development of low and moderate-income housing in the borough.
Although the ordinances and the settlement agreement had been discussed at several borough council meetings, most residents were unaware of the impending changes to the borough’s zoning. 
Since the public hearing on the changes required notification to all property owners within 200 feet of the business district where the changes will occur, a crowd packed the council meeting room, many seeking their first understanding of what affordable housing in Avalon might entail.
Just about all of the 72 chairs in the room were taken with an additional dozen or so residents standing for the meeting.
Background
In 1973 and 1983, two rulings by the state Supreme Court, known as Mount Laurel I and II, established a constitutional obligation for municipalities across the state to provide appropriate housing for low and moderate-income individuals and families.
In response, the state passed the Fair Housing Act in 1985 and established an executive agency, the Council on Affordable Housing (COAH) which was charged with assessing the present need for such housing, allocating municipal targets for affordable housing units, and putting in place a process to review and approve municipal plans for meeting obligations.
By 2015, the courts found COAH ineffective in achieving the necessary progress and essentially stripped the agency of its jurisdiction, placing the affordable housing process in the hands of the courts.
The nature of the obligations, and how they were calculated and allocated to municipalities, continued to produce litigation. 
Municipal governments filed for declaratory judgment on their submitted plans and gained a temporary reprieve from potential developer or builder lawsuits.
The settlement which Avalon reached in 2017 allowed the borough to put in place a voluntary plan for affordable housing which has limited impact on the borough’s overall zoning ordinance.
What the Borough is Doing
The first of the four ordinances adopted alters the borough code to add “fair share affordable housing.”
It establishes necessary definitions, provides for a review and reporting process required by the state, establishes controls and requirements and sets up the process for administration and management.
The second ordinance establishes a mandatory set aside. 
This is the only part of the borough’s plan that contains a mandatory element. Essentially any multifamily development, including the residential portion of a mixed-use development, that produces a net gain of five or more new residential units shall require a percentage of those units be set aside for low and moderate-income households. That percentage in most cases would be 20 percent.
The third ordinance establishes an accessory apartment program in the B1 business zone.
The borough would allow accessory apartments as long as those apartments are dedicated to low and moderate-income households. The applicable rules regarding rents, qualified occupants and 10-year deed restrictions are spelled out in the ordinance.
The last ordinance establishes the inclusionary housing overlay in the business district, providing for a voluntary development of multifamily housing units above the first floor.
In short, a property owner who is willing to abide by the restrictions has the freedom to establish low and moderate household living quarters in selected areas of the borough.
Not Section 8 Housing
Council member John McCorristin said he believed that few property owners would find the option financially attractive. 
McCorristin made clear twice during the discussion that this is not subsidized housing. 
“This is not Section 8 housing,” he said. “We are talking about essential workers like teachers, firemen and police officers who can work here but cannot afford to live here,” he added.
The alternative to adoption of the ordinances is, according to Waldron, the loss of the borough’s control over zoning in many cases, opening the borough to development by builders who want to place high density complexes in the borough.
The four resolutions were unanimously adopted.
To contact Vince Conti, email vconti@cmcherald.com.