[Adopted 8-5-1992 by Ord. No. 1992-27]
As used herein, the terms "affordable," "deficient
unit," "fair share plan," "indigenous need," "low-income housing,"
"moderate-income housing," "rehabilitated unit," "rehabilitation component"
and "restricted" shall have the meanings set forth in the substantive
rules of the New Jersey Council on Affordable Housing, N. J. A. C.
5:92-1.3.
The purpose of this article is to carry out
the rehabilitation component of Florence Township's Fair Share Plan
adopted pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
Florence Township has received substantive certification of its housing
element and fair share plan by the New Jersey Council on Affordable
Housing (COAH). Florence's rehabilitation component was set by COAH
at 61 units.
There is hereby established a program for the
rehabilitation of deficient units of housing located within Florence
Township, as more fully described in the document entitled "Florence
Township Rehabilitation Program Manual," prepared by Susan C. Kimball,
P. P., dated September 1991, last revised April 28, 1992. As required
by the New Jersey Laws of 1946, Chapter 21, as amended, N.J.S.A. 40:49-5.2,
three copies of the aforesaid manual shall be on file in the office
of the Township Clerk and the aforesaid manual is hereby adopted and
incorporated as if fully set forth herein. The aforesaid rehabilitation
program shall be implemented within the six-year period of substantive
certification beginning July 1, 1992, and ending June 30, 1998.
The Florence Township Fair Housing Corporation
(FTFHC) is hereby designated to administer the aforesaid rehabilitation
program in accordance with this article and the aforesaid manual.
The Mayor is authorized to enter into an agreement with the FTFHC
on behalf of Florence Township for its services in administering the
rehabilitation program for a period not to exceed six years.
A.
Every owner of a deficient unit located within Florence
Township, whether or not such owner actually resides in the deficient
unit, may apply to the FTFHC for funding for the purpose of rehabilitating
such deficient unit to full State Uniform Construction Code compliance.
Such application shall be made in accordance with COAH regulations,
the aforesaid manual and whatever regulations the FTFHC may adopt.
B.
The applicant shall establish, to the satisfaction
of the FTFHC, that it or the household occupying the unit is a qualified
low- or moderate-income household and that, after rehabilitation of
the unit, the applicant will either reside in the unit or will sell
or rent the unit to a low- or moderate-income household.
C.
To the extent feasible, the FTFHC will ensure that
a minimum of 50% of the units rehabilitated (i.e., 31 units) will
be occupied by low-income households.
A.
The township shall make funds available for the rehabilitation
of deficient units over a six-year period in accordance with the schedule
set forth in the aforesaid manual. The funds shall be obtained from
the following sources:
(1)
Development fees. Fees to be paid to the Florence
Township Housing Trust Fund by developers pursuant to agreements heretofore
made by them with Florence Township and approved by COAH, and fees
collected pursuant to an ordinance reviewed and approved by COAH.[1]
(2)
Subsidies. Funds provided to Florence Township under
the Small Cities Program, Balanced Housing Program, Neighborhood Preservation
Program, Community Development Block Grant Program and similar federal,
state or county available funding programs.
(3)
Borrowing. Funds obtained by sale of bonds or bond
anticipation notes as previously authorized by ordinance. Such funds
are intended to be a backup source of funds for the rehabilitation
program.
B.
The ability of Florence Township to administer the
aforesaid rehabilitation program is not dependent on development fees
or subsidies. However, Florence Township may reimburse itself for
borrowed funds expended for the aforesaid rehabilitation program from
development fees or subsidies subsequently received for such purposes.
A minimum of $10,000 per housing unit shall
be provided, of which at least $8,000 per unit shall be allocated
to capital costs which shall be averaged among the 20 units expected
to be rehabilitated during the first two-year period. All rehabilitated
units shall meet the requirements of the New Jersey State Uniform
Construction Code and all applicable subcodes.
Every owner-occupied unit rehabilitated pursuant
to this article shall be subject to affordability controls for a minimum
of six years after completion of rehabilitation work. Every rental
unit rehabilitated pursuant to this article shall be subject to affordability
controls for a minimum of 10 years after completion of rehabilitation
work. The affordability controls shall be set forth as restrictions
in the recorded deeds to the rehabilitated properties, in the form
set forth in the aforesaid manual.
In the event that an owner-occupied unit is
sold while subject to affordability controls to a purchaser who is
not a low-income household or moderate-income household, as the case
may be, all funds expended pursuant to this article for the rehabilitation
of such unit, including pro rata administrative expenses, shall be
paid over at closing to Florence Township, which shall make such funds
available for rehabilitation of another deficient unit to be occupied
by a low-income household or moderate-income household, as the case
may be, provided that such other unit shall be subject to affordability
controls pursuant to this article for a minimum of six years after
completion of rehabilitation work.
In no event may a rental unit be rented to a
tenant who is not a low-income household or moderate-income household
during the ten-year affordability control period. At least half of
all units in each bedroom distribution and half of all rental units
shall be available for low-income households. To the best extent feasible,
at least half of all rehabilitated rental units shall be for low-income
households.
Florence Township shall be responsible for marketing
and outreach to locate units and households eligible for participation
in the rehabilitation program, as well as for implementation of the
rehabilitation program, even though it is administered by the FTFHC.
