Town of Dover, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Board of Alderman of the Town of Dover as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-11-1997 by Ord. No. 2-1997; amended in its entirety 9-27-2005 by Ord. No. 28-2005]

§ 99-1 Applicability.

This article establishes regulations for designated low- and moderate-income housing units created within the Town of Dover through new housing construction, resales, rentals, or rerentals of affordable units. This article is intended to be consistent with and to implement the New Jersey Council on Affordable Housing (COAH) regulations at N.J.A.C. 5:94, Substantive Rules, and N.J.A.C. 5:95, Procedural Rules, both for the period beginning December 20, 2004, along with N.J.A.C. 5:80, Uniform Housing Affordability Controls, the provisions of which are included here by reference, as if set forth at length, the Fair Housing Act of 1985, N.J.S.A. 52:27D-301 et seq., and any other applicable federal laws, and regulations, and as all of the referenced laws and regulations may be amended.

§ 99-2 Definition.

As used in this article, the following term shall have the meaning indicated:
HOUSING OFFICER
The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Town of Dover.

§ 99-3 Administration; establishment of Housing Officer position and compensation; powers and duties.

A. 
Establishment of position of Housing Officer. There is hereby established the position of Housing Officer for the Town of Dover.
B. 
Subject to the approval of the Council on Affordable Housing (COAH), the Housing Officer shall be appointed by the governing body and may be a full- or part-time municipal employee.
C. 
A Housing Officer shall be responsible for oversight and administration of the affordable housing program for the Town of Dover and to act as a liaison to any contracting agency for housing services, the developers of low- and moderate-income housing and COAH.
D. 
Subject to approval by COAH, the Town of Dover may contract with or authorize a consultant, authority, government or any agency charged by the Mayor and Board of Aldermen with the responsibility of administering all or any part of the affordable housing program of the Town of Dover.
E. 
Compensation. Compensation shall be fixed by the governing body at the time of the appointments of the Housing Officer.
F. 
Powers and duties.
(1) 
The primary responsibility of the Housing Office shall be to ensure that the restricted units under administration are sold or rented, as applicable, only to low- and moderate-income households. Among the responsibilities of the Housing Office are the following:
(a) 
Conducting an outreach process to insure affirmative marketing of affordable housing units in accordance with the Affirmative Marketing Plan of the Town of Dover and the provisions of N.J.A.C. 5:80-26.15;
(b) 
Soliciting, scheduling, conducting and following up on interviews with interested households;
(c) 
Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;
(d) 
Providing written notification to each applicant as to the determination of eligibility or noneligibility;
(e) 
Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located;
(f) 
Employing the random selection process as provided in the Affirmative Marketing Plan of the Town of Dover when referring households for certification to affordable units;
(g) 
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;
(h) 
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;
(i) 
Instituting and maintaining an effective means of communicating information between owners and the administrative agent regarding the availability of restricted units for resale or rental;
(j) 
Instituting and maintaining an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or rerental;
(k) 
Reviewing and approving requests from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership;
(l) 
Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the cost of central air-conditioning systems;
(m) 
Processing requests and making determinations on requests by owners of restricted units for hardship waivers;
(n) 
Communicating with lenders regarding foreclosures;
(o) 
Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10;
(p) 
Notifying the municipality of an owner's intent to sell a restricted unit;
(q) 
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the appropriate county's Register of Deeds or County Clerk's office after the termination of the affordability controls for each restricted unit;
(r) 
Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls;
(s) 
Providing annual reports to COAH as required; and
(t) 
Such other responsibilities as may be necessary to carry out the affordable housing program of the Town of Dover and the provisions of COAH's regulations pursuant to N.J.A.C. 5:94 et seq. and the Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq.
(2) 
The Housing Office shall have authority to take all actions necessary and appropriate to carrying out its responsibilities hereunder.
(3) 
If the Town of Dover contracts with another administrative agent to administer all or any part of the affordable housing program, including the affordability controls and Affirmative Marketing Plan, the Housing Officer shall supervise the contracting administrative agent.

§ 99-4 Through § 99-6. (Reserved)

[Adopted 2-11-1997 by Ord. No. 3-1997]

§ 99-7 Applicability.

A. 
This article shall apply to all low- and moderate-income housing units created in the town, including any future low- and moderate-income housing units.
B. 
An affirmative marketing plan is a regional strategy designed to attract buyers and/or renters of all majority and minority groups within the housing region, regardless of sex, age or number of children, to housing units which are being marketed by a developer/sponsor, the municipality and/or a designated administrative agency of affordable housing within the town. The plan prohibits discrimination in the sale, rental, financing or other services related to such housing on the basis of race, color, sex, religion, handicap, age (except for designated senior citizens' units), familial status, family size or national origin.
C. 
The Town of Dover is located in the northwest housing region of the state, which includes Warren, Morris, Essex and Union Counties.

§ 99-8 Required outreach.

A. 
Daily newspapers and publications.
(1) 
All newspaper articles, advertisements, announcements and requests for applications pertaining to low- and moderate-income housing units shall appear in the following daily regional newspapers/publications:
(a) 
Star Ledger.
(b) 
Daily Record.
(2) 
The primary marketing shall take the form of at least one press release sent to the above publications and a paid display advertisement (at least four column inches) in each of the above newspapers. Additional advertising and publicity shall be on an as-needed basis.
(3) 
The advertisement shall include a description of the:
(a) 
Number of units currently available;
(b) 
Anticipated dates of future available units;
(c) 
Numbers of bedrooms per available unit;
(d) 
Range of monthly rents available;
(e) 
Sizes of available units;
(f) 
Income limit information;
(g) 
Where and how applications may be obtained, including business hours at each location; and
(h) 
Name, telephone number and location of the Housing Administrator's office.
B. 
Weekly newspapers, publications and newsletters.
(1) 
All newspaper articles, advertisements, announcements and requests for applications pertaining to low- and moderate-income housing units shall appear in at least the following neighborhood-oriented weekly newspapers, religious publications and organizational newsletters within the region:
(a) 
Neighbor News.
(b) 
Citizen Lakeland News.
(2) 
The advertisement shall include a description of the:
(a) 
Number of units currently available;
(b) 
Anticipated dates of future available units;
(c) 
Numbers of bedrooms per available unit;
(d) 
Range of monthly rents available;
(e) 
Sizes of available units;
(f) 
Income limit information;
(g) 
Where and how applications may be obtained, including business hours at each location; and
(h) 
Name, telephone number and location of the Housing Administrator's office.
C. 
Radio and television. The following radio and television stations shall also be used:
(1) 
WMTR and WDHA (radio).
(2) 
Channel 3 (cable).
D. 
Applications and information.
(1) 
The following are the locations where applications and information packets to be used as part of the affirmative marketing plan shall be available:
(a) 
Dover Town Municipal Building.
(b) 
Morris County Library (all branches).
(c) 
Warren County Library (all branches).
(d) 
Essex County Library (all branches).
(e) 
Union County Library (all branches).
(2) 
Community contact organizations, agencies, officials and departments.
(a) 
Quarterly flyers and copies of applications and information packets shall be sent to the following community contact organizations, agencies, officials and departments:
[1] 
Morris County Director of Social Services.
[2] 
Warren County Director of Social Services.
[3] 
Essex County Director of Social Services.
[4] 
Union County Director of Social Services.
[5] 
Morris County Office on Aging.
[6] 
Warren County Office on Aging.
[7] 
Essex County Office on Aging.
[8] 
Union County Office on Aging.
[9] 
Morris County Rental Assistance Office (local DCA office).
[10] 
Warren County Rental Assistance Office (local DCA office).
[11] 
Essex County Rental Assistance Office (local DCA office).
[12] 
Union County Rental Assistance Office (local DCA office).
[13] 
Morris County Housing Agency.
[14] 
Warren County Housing Agency.
[15] 
Essex County Housing Agency.
[16] 
Union County Housing Agency.
[17] 
Morris County Board of Realtors.
[18] 
Warren County Board of Realtors.
[19] 
Essex County Board of Realtors.
[20] 
Union County Board of Realtors.
[21] 
Morris County Community Development Office.
[22] 
Warren County Community Development Office.
[23] 
Essex County Community Development Office.
[24] 
Union County Community Development Office.
[25] 
Morris County Department of Human Services.
[26] 
Warren County Department of Human Services.
[27] 
Essex County Department of Human Services.
[28] 
Union County Department of Human Services.
[29] 
NORWESCAP, Morris County.

§ 99-9 Administration; Municipal Housing Liaison.

[Amended 8-12-2008 by Ord. No. 27-2008]
A. 
Purpose. The purpose of this section is to create the administrative mechanisms needed for the execution of the Town of Dover's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
MUNICIPAL HOUSING LIAISON
The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Town of Dover.
C. 
Establishment of position and compensation; powers and duties.
(1) 
Establishment of position of Municipal Housing Liaison. There is hereby established the position of Municipal Housing Liaison for the Town of Dover.
(2) 
Subject to the approval of the Council on Affordable Housing (COAH) the Municipal Housing Liaison shall be appointed by the governing body and may be a full- or part-time municipal employee.
(3) 
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Town of Dover, including the following responsibilities which may not be contracted out, exclusive of Item 6,[2] which may be contracted out:
(a) 
Serving as the municipality's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents, and interested households;
(b) 
Monitoring the status of all proposed and completed affordable housing programs and affordable units in the municipality's Fair Share Plan;
(c) 
Compiling, verifying, and providing monitoring information at such time and in such form as the Council requires;
(d) 
Coordinating meetings with affordable housing providers and administrative agents, as applicable; and
(e) 
Where applicable, providing to an administrative agent a copy of the adopted municipal operating manual(s), Housing Element and Fair Share Plan and ordinances relating to the creation and administration of the municipality's affordable housing programs and/or affordable units.
[2]
Editor's Note: So in original.
D. 
Compensation. Compensation shall be fixed by the governing body at the time of the appointment of the Municipal Housing Liaison.

§ 99-10 Prequalification and selection.

A. 
Households that apply for low- and moderate-income housing will be prescreened by the Housing Administrator for income eligibility by comparing their total income to the current low- and moderate-income limits adopted by COAH. Applicants will be notified as to their eligibility status.
B. 
In order to ensure a sufficient supply of qualified applicants, the advertising process will continue until at least 10 income-eligible applicants have applied for each low- and moderate-income unit available or until all of the available low- and moderate-income units within the town have been sold, whichever occurs first.
C. 
Having prescreened applicants for income eligibility, the Housing Administrator will analyze the income and household size of each applicant to determine which of the available low- and moderate-income housing units the applicant is qualified to occupy.
D. 
The Housing Administrator will interview each applicant to verify the applicant's income and review the applicant's credit history. Applicants will be required to submit income verification for each household member 18 years or older. This process will be utilized in establishing the final certified applicant group.
E. 
If there is more than one certified applicant for an available low- and moderate-income unit, placement will be made on a first come/first served basis, considering the date the application was first received by the Housing Administrator.
F. 
The process described above will begin at least 120 days before the issuance of a certificate of occupancy for an affordable dwelling unit in the affordable housing compliance program and will continue until all low- and moderate-income units are occupied and for as long as there are deed-restricted affordable units within the municipality.
G. 
Households who live or work within the housing region will be given preference over households from outside of the housing region for the first 30 days that a unit becomes available. If no qualified households from within the housing region can be found within 30 days, the unit may be rented to a household from outside the housing region.
H. 
Households will generally be referred to available units using the following standards for occupancy:
(1) 
A maximum of two persons per bedroom;
(2) 
Children of the same sex in the same bedroom;
(3) 
Unrelated adults or persons of the opposite sex other than husband and wife in separate bedrooms; and
(4) 
Children not in same bedroom with parents.
I. 
Households may be considered for units other than as set forth herein, except that in no case shall a household be referred to a unit that provides for more than one additional bedroom over the number required by the application of H(1) through (4) above.