i efficiency units will be affordable to one person households, and

ii one bedroom units will be affordable to 1 5 person households; and

iii two bedroom units will be affordable to three person households, and

iv three bedroom units will be affordable to 4 5 person households, and

v median income by household size will be established by a regional weighted average of the uncapped Section 8 income limits published by HUD as per N J A C. 5.93-7.4(b), and

vi the maximum average rent and price of low and moderate income units within each inclusionary development will be affordable to households earning 57 5 percent of median income, and

vii moderate income sales units will be available for at least three different prices and low income sales units will be available for at least two different prices, and

viii for both owner-occupied and rental units, the low and moderate income units will utilize the same heating source as market units within an inclusionary development, and

ix low income units will be reserved for households with a gross household income less than or equal to fifty (50%) percent of the median income approved by COAH; moderate income units will be reserved for households with a gross household income less than eighty (80%) percent of the median income approved by COAH as per N J.A C. 5 93-9.16, and

x the maximum annual increase in allowable rents and sales prices shall be established in accordance with the regulations outlined in N.J.A.C. 5.93-9.15 for annual indexed price and rental increases and 9.16 for initial sales and rentals of controlled units.

B.For sale units

i the initial price of a low and moderate income owner-occupied single family housing unit will be established so that after a down payment of five (5%) percent, the monthly principal, interest, homeowner's insurance, property taxes (based on the restricted value of the low and moderate income unit) and condominium or homeowner fee do not exceed twenty-eight (28%) percent of the eligible gross monthly income, and

ii master deeds of inclusionary developments filed after July 1. 1996 will regulate condominium or homeowner association fees or special assessments of low and moderate income purchasers at thirty-three (33%) percent of those paid by market purchasers This thirty-three (33%) percent is consistent with the requirement of N J.A C. 5 93-7.4(e) Once established within the master deed. the percentage will not be amended without prior approval from COAH; and

iii The Township will follow the general provisions concerning uniform deed restriction liens and enforcement through certificates of occupancy or reoccupancy on sale units as per N J A C. 5-93-9.3; and

iv The Township will require a certificate of re-occupancy for any occupancy of a low or moderate income sales unit resulting from a resale as per N J.A.C. 5-93-9.3(c), and

v. Municipal, State, non-profit and seller options regarding sale units will be consistent with NJAC. 5;93-9 5 - 9 8 Municipal rejection of repayment options for sale units will be consistent with N. J.A C 5.93-9 9, and

vi The continued application of options to create, rehabilitate or maintain low and moderate income sale units will be consistent with N J.A.C 5-93-9.10; and

vii Eligible capital improvements prior to the expiration of controls on sale units will be consistent with N J.A.C. 5;93-9.1 1, and

viii The regulations detailed in N.J.A.C. 5:93-9.12 -9.14 will be applicable to low and moderate income units that are for sale units.

C. For rental units, developers and/or municipal sponsors may.

i Establish one rent for a low income unit and one for a moderate income unit for each bedroom distribution, and

ii Gross rents, including an allowance for utilities, will be established so as not to exceed thirty (30%) percent of the gross monthly income of the appropriate household size as per N J A C 5 93-7 4(a) The utility allowance will be consistent with the utility allowance approved by HUD for use in New Jersey.