[Added 7-21-2021 by Ord. No. 2021-12[1]]
[1]
Editor's Note: This ordinance also repealed former Art. XXIX,
LMH Low- and Moderate-Income Housing District, which consisted of
§§ 65-126.1 through 65-153, added 11-30-1989 by Ord.
No. 1989-15, as amended.
The Township of Mansfield has a fair share obligation consisting
of a prior round obligation of 114 units, a present need of zero units,
and a third-round housing obligation of 265 units.
The following terms when used in this article shall have the
meanings given in this section:
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity responsible for the administration of affordable
units in accordance with this article, N.J.A.C. 5:91, N.J.A.C. 5:93
and UHAC (N.J.A.C. 5:80-26).
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent level that is within the means of a
low- or moderate-income household as defined in N.J.A.C. 5:93-7.4
and, in the case of an ownership unit, that the sales price for the
unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as
may be amended and supplemented, and, in the case of a rental unit,
that the rent for the unit conforms to the standards set forth in
N.J.A.C. 5:80-26.12, as may be amended and supplemented.
A housing development of which all or a portion consists
of housing affordable to low- and moderate-income households.
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable housing development.
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited
pursuant to N.J.A.C. 5:93, and/or funded through an affordable housing
trust fund.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: 1) all the residents of the development where the unit
is situated are 62 years of age or older; or 2) at least 80% of the
units are occupied by one person that is 55 years of age or older;
or 3) the development has been designated by the Secretary of the
U.S. Department of Housing and Urban Development as "housing for older
persons" as defined in Section 807(b)(2) of the Fair Housing Act,
42 U.S.C. § 3607.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A structure in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. Alternative living arrangement includes, but is not limited
to transitional facilities for the homeless, Class A, B, C, D, and
E boardinghomes as regulated by the New Jersey Department of Community
Affairs; residential health care facilities as regulated by the New
Jersey Department of Health; group homes for the developmentally disabled
and mentally ill, as licensed and/or regulated by the New Jersey Department
of Human Services; and congregate living arrangements.
A facility that is licensed by the New Jersey Department
of Health and Senior Services to provide apartment-style housing and
congregate dining and to assure that assisted-living services are
available when needed for four or more adult persons unrelated to
the proprietor and that offers units containing, at a minimum, one
unfurnished room, a private bathroom, a kitchenette and a lockable
door on the unit entrance.
A household that has been certified by an administrative
agent as a low- income household or moderate-income household.
The Council on Affordable Housing, which is in, but not of,
the Department of Community Affairs of the State of New Jersey, as
established by the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301
et seq.).
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that
require the repair or replacement of a major system. A major system
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load-bearing structural systems.
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
The plan or proposal, which is in the form that may readily
be converted into an ordinance, by which a municipality proposes to
satisfy its obligation to create a realistic opportunity to meet the
low- and moderate-income housing need of its region, and which details
the affirmative measures the municipality proposes to undertake to
achieve its fair share of low- and moderate-income housing, as provided
by Sections 9 and 14 of the Act, and as further described and defined
in N.J.A.C. 5:93.
The portion of the Township's Master Plan, consisting of
reports, statements, proposals, maps, diagrams and text, designed
to meet the municipality's fair share of its region's present and
prospective housing needs, particularly with regard to low- and moderate-income
housing, as further described at Section 10 of the Act and by N.J.A.C.
5:93.
A development containing both affordable units and market-rate
units. This term includes, but is not limited to, new construction,
the conversion of a nonresidential structure to residential use and
the creation of new affordable units through the reconstruction of
a vacant residential structure.
A household with a total gross annual household income equal
to 50% or less of the median household income for the applicable housing
region.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical,
fire-protection, or occupant service components of a building which
include, but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement or load bearing structural systems.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable housing
region, as adopted annually by COAH or approved by the NJ Superior
Court.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income for
the applicable housing region.
A restricted unit that is affordable to a moderate-income
household.
The Agency's Market-Oriented Neighborhood Investment Program,
as it may be authorized from time to time by the Agency.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a Class A
beneficiary and the transfer of ownership by court order.
An estimate of low- and moderate-income households living
in substandard housing as calculated through the use of census surrogates.
The 1987 to 1999 fair share based on N.J.A.C. 5:93-1.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by adopted/approved regional income limits published annually
by COAH or a successor entity as approved by the Superior Court.
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted-living residences, rent does
not include charges for food and services.
A dwelling unit, whether a rental unit or an ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
An expert appointed by a judge to make sure that judicial
orders are followed. A master's function is essentially investigative,
compiling evidence or documents to inform some future action by the
court.
The Superior Court of New Jersey.
The 1999 to 2025 housing obligation as determined by the
Superior Court.
The Township of Mansfield.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26 et seq.
The Agency's Urban Homeownership Recovery Program.
A household with a total gross annual household income equal
to 30% or less of the median household income for the applicable housing
region.
A restricted unit that is affordable to a very-low-income
household.
A preference for low- and moderate-income housing that is
permitted by law for people that have served in the military.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for purposes of the rehabilitation
program.
A.Â
Mansfield's rehabilitation program shall be designed to renovate
deficient housing units occupied by low- and moderate-income households
such that, after rehabilitation, these units will comply with the
New Jersey State Housing Code pursuant to N.J.A.C. 5:28. The Township
shall continue to administer a rehabilitation program designed to
address its present need.
B.Â
All rehabilitated units shall remain affordable to low- and moderate-income
households for a period of 10 years (the control period). For owner-occupied
units the control period will be enforced with a lien and for renter-occupied
units the control period will be enforced with a deed restriction.
C.Â
The Township shall dedicate an average of at least $10,000 per unit
to be rehabilitated through this program, reflecting the minimum hard
cost of rehabilitation for each unit.
D.Â
The Township shall adopt a resolution committing to fund any shortfall
in the rehabilitation program.
E.Â
The Township shall designate, subject to the approval of the Court,
one or more administrative agents to administer the rehabilitation
program in accordance with N.J.A.C. 5:93. The administrative agent(s)
shall provide a rehabilitation manual to be adopted by resolution
of the governing body and subject to approval of the Court. The rehabilitation
manual shall be available for public inspection in the office of the
Municipal Clerk and in the office(s) of the administrative agent(s).
F.Â
Units in a rehabilitation program shall be exempt from UHAC, but
shall be administered in accordance with the following:
(1)Â
If a unit is vacant, upon initial rental subsequent to rehabilitation,
or if a renter-occupied unit is rerented prior to the end of controls
on affordability, the deed restriction shall require the unit to be
rented to a low- or moderate-income household at an affordable rent
and affirmatively marketed pursuant to UHAC.
(2)Â
If a unit is renter-occupied, upon completion of the rehabilitation,
the maximum rate of rent shall be the lesser of the current rent or
the maximum permitted rent pursuant to UHAC.
(3)Â
Rents in rehabilitated units may increase annually based on the standards
in UHAC.
(4)Â
Applicant and/or tenant households shall be certified as income-eligible
in accordance with UHAC, except that households in owner-occupied
units shall be exempt from the regional asset limit.
[Added 10-20-2021 by Ord.
No. 2021-21]
A.Â
Purpose. Mansfield Township's Third-Round Affordable Housing Plan
Element and Fair Share Plan identifies a minimum of 22 units of existing
rental housing stock in Columbus Village and in the area of Kinkora
Road to address a portion of the Township's 265-unit third-round new
construction affordable housing obligation. These units are to be
subsidized through the Township's Affordable Housing Trust Fund under
the provisions of the NJ Council on Affordable Housing's market-to-affordable
regulations found at N.J.A.C. 5:93-5.11, "Write-down/buydown of previously
owned units," and will be subject to a thirty-year deed restriction
and mortgage lien on each unit as per N.J.A.C. 5:80-26.11. The program
shall create 22 units of affordable rental. At least 11 units shall
be low-income units, of which three shall be very-low-income units
at rents affordable to very-low-income households, subject to the
requirements of N.J.A.C. 5:80-26.1 et seq. and the following:
(1)Â
A minimum of at least $20,000 per unit shall be used to subsidize
the cost of the buydown unit.
(2)Â
Rents shall conform to the standards in N.J.A.C. 5:93-7.4.
(3)Â
At least half of the units in each building shall be affordable
to low-income households and rents shall be affordable to households
earning an average 52% of median income for the region, or the range
of affordability will be accommodated elsewhere in the housing plan.
The sales prices shall be based on the number of bedrooms in accordance
with N.J.A.C. 5:93-7.4.
(4)Â
All rental units created through this program shall be affirmatively
marketed in accordance with N.J.A.C. 5:93-11.
(5)Â
The units shall be exempt from bedroom mix requirements pursuant
to N.J.A.C. 5:93-7.3.
(6)Â
All units shall have a thirty-year deed restriction and mortgage
lien on each unit as per Technical Appendix E, N.J.A.C. 5:93.
(7)Â
The program shall be administered by the Township's administrative
agent, who shall:
(a)Â
Maintain an up-to-date inventory of units that meet the requirements
of a buydown program.
(b)Â
Qualify and place income-eligible households in low- and moderate-income
units upon initial occupancy.
(c)Â
Place income-eligible households in low- and moderate-income
units as they become available during the thirty-year term of affordability
controls.
(d)Â
Enforce the terms of the deed restriction and mortgage lien.
(e)Â
Sponsor a home ownership counseling program and post-purchase
session for prospective purchasers.
(f)Â
Conduct annual household income surveys to ensure that occupancy
remains available to affordable households in accordance with the
deed restriction.
(g)Â
Encourage the disbursement of these units throughout the municipality
if all 22 affordable rental cannot be completed within the Columbus
village and Kinkora Road areas of the Township.
[Added 10-20-2021 by Ord.
No. 2021-21]
Mansfield Township's state-licensed community residences/supportive
and special needs housing program is designed to respond to a portion
of the Township's third-round affordable housing new construction
obligation by creating a minimum of 12 units of supportive and special
needs housing (group homes) for the special needs population. The
units shall conform to the following minimum standards identified
at N.J.A.C. 5:93-5.8, "Alternative living arrangements."
A.Â
The unit of credit for an alternative living arrangement shall be
the bedroom.
B.Â
Alternative living arrangements that are age restricted shall be
included with the 25% that may be age restricted pursuant to N.J.A.C.
5:93-5.14.
C.Â
A minimum subsidy of $15,000 per unit (bedroom) shall be provided.
D.Â
Controls on affordability on a community residence/alternative living
arrangement group home shall be provided and shall remain in effect
for the maximum time period permitted by the state licensing agency
providing ongoing service costs for the state-licensed community residence.
E.Â
The agreement between the state licensing agency and the service
provider shall include a reversion clause providing a first right
of refusal to the licensing agency for purchase of the community residence
prior to any sale the community residence.
A.Â
Mandatory affordable housing set-aside.
(1)Â
Developers shall set-aside a percentage of housing for low- and moderate-income
housing if the proposed development consists of five or more new residential
units, and:
(a)Â
The permitted use of the property changes, either through a
zoning change, redevelopment plan (for an area in need of redevelopment
of rehabilitation) or use variance, from nonresidential to residential
and the residential zoning/approval permits a gross density of at
least six units per acre; or
(b)Â
The gross density of a site, with no affordable housing obligation,
changes through a zoning change, redevelopment plan (for an area in
need of redevelopment or rehabilitation), or "D" variance doubles
to six units per acre.
(2)Â
For inclusionary projects in which the low- and moderate-income units
are to be offered for sale, the set-aside percentage is 20%; for projects
in which the low- and moderate- income units are to be offered for
rent, the set-aside percentage is 15%.
(3)Â
This requirement does not create any entitlement for a property owner
or applicant for a zoning amendment, variance, or adoption of a redevelopment
plan or amended redevelopment plan in areas in need of redevelopment
or rehabilitation, or for approval of any particular proposed project.
(4)Â
This requirement does not apply to any sites or specific zones otherwise
identified in the settlement agreement or Fair Share Plan, for which
density and set-aside standards shall be governed by the specific
standards set forth therein.
B.Â
Fractions. Fractional obligations shall be rounded up or down using
standard mathematical practice. A fractional obligation less than
0.50 shall be rounded down to the nearest whole number. A fractional
obligation of 0.50 or more shall be rounded up to the nearest whole
number.
The following general guidelines apply to all developments that
contain low- and moderate-income housing units, including any currently
unanticipated future developments that will provide low- and moderate-
income housing units.
A.Â
Phasing. Final site plan or subdivision approval shall be contingent
upon the affordable housing development meeting the following phasing
schedule for low- and moderate-income units whether developed in a
single-phase development, or in a multiphase development:
|
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
|---|---|
|
25%
|
0%
|
|
25% +1
|
10%
|
|
50%
|
50%
|
|
75%
|
75%
|
|
90%
|
100%
|
B.Â
Low/moderate split and bedroom distribution of affordable housing
units:
(1)Â
The fair share obligation shall be divided equally between low- and
moderate-income units, except that where there is an odd number of
affordable housing units, the extra unit shall be a low-income unit.
At least 13% of all restricted rental units shall be very-low-income
units (affordable to a household earning 30% or less of median income).
The very-low-income units shall be counted as part of the required
number of low-income units within the development.
(2)Â
In each affordable development, at least 50% of the restricted units
within each bedroom distribution shall be low-income units.
(3)Â
Affordable developments that are not age-restricted shall be structured
in conjunction with realistic market demands such that:
(a)Â
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
(b)Â
At least 30% of all low- and moderate-income units shall be
two-bedroom units;
(c)Â
At least 20% of all low- and moderate-income units shall be
three-bedroom units; and
(d)Â
The remaining low- and moderate-income units may be allocated
among two- and three-bedroom units at the discretion of the developer.
(4)Â
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
This standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
C.Â
Accessibility requirements.
(1)Â
The first floor of all restricted townhouse dwelling units and all
restricted units in all other multistory buildings shall be subject
to the technical design standards of the Barrier Free Subcode, N.J.A.C.
5:23-7 and N.J.A.C. 5:97-3.14.
(2)Â
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
(a)Â
An adaptable toilet and bathing facility on the first floor;
(b)Â
An adaptable kitchen on the first floor;
(c)Â
An interior accessible route of travel on the first floor;
(d)Â
An adaptable room that can be used as a bedroom, with a door
or the casing for the installation of a door, on the first floor;
(f)Â
An accessible entranceway as set forth at P.L. 2005, c. 350
(N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C.
5:23-7 and N.J.A.C. 5:97-3.14, or evidence that the Township has collected
funds from the developer sufficient to make 10% of the adaptable entrances
in the development accessible:
[1]Â
Where a unit has been constructed with an adaptable entrance,
upon the request of a disabled person who is purchasing or will reside
in the dwelling unit, an accessible entrance shall be installed.
[2]Â
To this end, each builder of income-restricted units shall deposit
funds with the Township's Affordable Housing Trust Fund sufficient
to install accessible entrances in 10% of the affordable units that
have been constructed with adaptable entrances.
[3]Â
The funds deposited under Subsection C(2)(f)[2] above shall be used by the Township for the sole purpose of making the adaptable entrance of an affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
[4]Â
The developer of the restricted units shall submit a design
plan and cost estimate for the conversion of adaptable to accessible
entrances to the Construction Official of the Township.
[5]Â
Once the Construction Official has determined that the design
plan to convert the unit entrances from adaptable to accessible meet
the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7 and
N.J.A.C. 5:97-3.14, and that the cost estimate of such conversion
is reasonable, payment shall be made to the Township's Affordable
Housing Trust Fund in care of the Township Treasurer who shall ensure
that the funds are deposited into the Affordable Housing Trust Fund
and appropriately earmarked.
[6]Â
Full compliance with the foregoing provisions shall not be required
where an entity can demonstrate that it is site impracticable to meet
the requirements. Determinations of site impracticability shall be
in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
D.Â
Design.
E.Â
Maximum rents and sales prices.
(1)Â
In establishing rents and sales prices of affordable housing units,
the administrative agent shall follow the procedures set forth in
UHAC, utilizing the most recently published regional weighted average
of the uncapped Section 8 income limits published by HUD and the calculation
procedures as approved by the Court and detailed herein.
(2)Â
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted rental units
shall be affordable to households earning no more than 52% of median
income.
(3)Â
The developers and/or municipal sponsors of restricted rental units
shall establish at least one rent for each bedroom type for both low-income
and moderate-income units, provided that at least 13% of all low-
and moderate-income rental units shall be affordable to very-low-income
households.
(4)Â
The maximum sales price of restricted ownership units within each
affordable development shall be affordable to households earning no
more than 70% of median income, and each affordable development must
achieve an affordability average of 55% for restricted ownership units.
In achieving this affordability average, moderate-income ownership
units must be available for at least three different sales prices
for each bedroom type, and low-income ownership units must be available
for at least two different sales prices for each bedroom type.
(5)Â
In determining the initial sales prices and rent levels for compliance
with the affordability average requirements for restricted units other
than assisted-living facilities and age-restricted developments, the
following standards shall be used:
(a)Â
A studio shall be affordable to a one-person household;
(b)Â
A one-bedroom unit shall be affordable to a one-and-one-half-person
household;
(c)Â
A two-bedroom unit shall be affordable to a three-person household;
(d)Â
A three-bedroom unit shall be affordable to a four-and-one-half-person
household; and
(e)Â
A four-bedroom unit shall be affordable to a six-person household.
(6)Â
The initial purchase price for all restricted ownership units shall
be calculated so that the monthly carrying cost of the unit, including
principal and interest (based on a mortgage loan equal to 95% of the
purchase price and the Federal Reserve H.15 rate of interest), taxes,
homeowners' and private mortgage insurance and condominium or homeowners'
association fees do not exceed 28% of the eligible monthly income
of the appropriate size household as determined under N.J.A.C. 5:80-26.4,
as may be amended and supplemented; provided, however, that the price
shall be subject to the affordability average requirement of N.J.A.C.
5:80-26.3, as may be amended and supplemented.
(7)Â
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
size household, including an allowance for tenant paid utilities,
as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented;
provided, however, that the rent shall be subject to the affordability
average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(8)Â
The price of owner-occupied low- and moderate-income units may increase
annually based on the percentage increase in the regional median income
limit for each housing region. In no event shall the maximum resale
price established by the administrative agent be lower than the last
recorded purchase price. Income limits for all units for which income
limits are not already established through a federal program exempted
from the Uniform Housing Affordability Controls pursuant to N.J.A.C.
5:80-26.1 shall be updated by the Township annually within 30 days
of the publication of determinations of median income by HUD as follows:
(a)Â
Regional income limits shall be established for the Region 5
based on the median income by household size, which shall be established
by a regional weighted average of the uncapped Section 8 income limits
published by HUD. To compute this regional income limit, the HUD determination
of median county income for a family of four is multiplied by the
estimated households within the county according to the most recent
decennial census. The resulting product for each county within the
housing region is summed. The sum is divided by the estimated total
households from the most recent decennial census in Region 1. This
quotient represents the regional weighted average of median income
for a household of four. The income limit for a moderate-income unit
for a household of four shall be 80% of the regional weighted average
median income for a family of four. The income limit for a low-income
unit for a household of four shall be 50% of the HUD determination
of the regional weighted average median income for a family of four.
The income limit for a very-low-income unit for a household of four
shall be 30% of the regional weighted average median income for a
family of four. These income limits shall be adjusted by household
size based on multipliers used by HUD to adjust median income by household
size. In no event shall the income limits be less than those for the
previous year.
(b)Â
The income limits calculated each year shall be the result of applying the percentages set forth in Subsection E(8)(a) above to HUD's determination of median income for the relevant fiscal year, and shall be utilized until the Township updates the income limits after HUD has published revised determinations of median income for the next fiscal year.
(c)Â
The regional asset limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3 shall be calculated by the Township annually by taking the percentage increase of the income limits calculated pursuant to Subsection E(8)(a) above over the previous year's income limits, and applying the same percentage increase to the regional asset limit from the prior year. In no event shall the regional asset limit be less than that for the previous year.
(9)Â
The rent of very-low-, low- and moderate-income units may be increased
annually based on the permitted percentage increase in the housing
consumer price index for the United States. This increase shall not
exceed 9% in any one year. Rents for units constructed pursuant to
low-income housing tax credit regulations shall be indexed.
A.Â
Affordable units shall utilize the same type of heating source as
market-rate units within an inclusionary development.
B.Â
Tenant-paid utilities included in the utility allowance shall be
set forth in the lease and shall be consistent with the utility allowance
approved by DCA for its Section 8 program.
In referring certified households to specific restricted units,
the administrative agent shall, to the extent feasible and without
causing an undue delay in the occupancy of a unit, shall strive to:
A.Â
Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each
restricted ownership unit shall remain subject to the requirements
of this article for a period of at least 30 years, until the Township
takes action to release the unit from such requirements; prior to
such action, a restricted ownership unit must remain subject to the
requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
B.Â
Rehabilitated owner-occupied housing units that are improved to code
standards shall be subject to affordability controls for a period
of 10 years.
C.Â
The affordability control period for a restricted ownership unit
shall commence on the date the initial certified household takes title
to the unit.
D.Â
Prior to the issuance of the initial certificate of occupancy for
a restricted ownership unit and upon each successive sale during the
period of restricted ownership, the administrative agent shall determine
the restricted price for the unit and shall also determine the nonrestricted,
fair market value of the unit based on either an appraisal or the
unit's equalized assessed value without the restrictions in place.
E.Â
At the time of the initial sale of the unit, the initial purchaser
shall execute and deliver to the administrative agent a recapture
note obligating the purchaser (as well as the purchaser's heirs, successors
and assigns) to repay, upon the first nonexempt sale after the unit's
release from the restrictions set forth in this article, an amount
equal to the difference between the unit's nonrestricted fair market
value and its restricted price, and the recapture note shall be secured
by a recapture lien evidenced by a duly recorded mortgage on the unit.
F.Â
The affordability controls set forth in this article shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
G.Â
A restricted ownership unit shall be required to obtain a continuing
certificate of occupancy or a certified statement from the Construction
Official stating that the unit meets all code standards upon the first
transfer of title following the removal of the restrictions provided
under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
A.Â
Price restrictions for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:
(1)Â
The initial purchase price for a restricted ownership unit shall
be approved by the administrative agent.
(2)Â
The administrative agent shall approve all resale prices, in writing
and in advance of the resale, to assure compliance with the foregoing
standards.
(3)Â
The master deeds of inclusionary developments shall provide no distinction
between the condominium or homeowners' association fees and special
assessments paid by low- and moderate- income purchasers and those
paid by market-rate purchasers.
(4)Â
The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of anticipated capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom. See § 65-138.
A.Â
Buyer income eligibility for restricted ownership units shall be
in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median
income and moderate-income ownership units shall be reserved for households
with a gross household income less than 80% of median income.
B.Â
A certified household that purchases a restricted ownership unit
must occupy it as the certified household's principal residence and
shall not lease the unit; provided, however, that the administrative
agent may permit the owner of a restricted ownership unit, upon application
and a showing of hardship, to lease the restricted unit to a certified
household for a period not to exceed one year.
C.Â
The administrative agent shall certify a household as eligible for
a restricted ownership unit when the household is a low-income household
or a moderate-income household, as applicable to the unit, and the
estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowners' and private mortgage insurance
and condominium or homeowners' association fees, as applicable) does
not exceed 33% of the household's eligible monthly income.
A.Â
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the owner shall apply to the administrative agent
for a determination, in writing, that the proposed indebtedness complies
with the provisions of this section, and the administrative agent
shall issue such determination prior to the owner incurring such indebtedness.
B.Â
With the exception of a first purchase money mortgage, neither an
owner nor a lender shall at any time cause or permit the total indebtedness
secured by a restricted ownership unit to exceed 95% of the maximum
allowable resale price of the unit, as such price is determined by
the administrative agent in accordance with N.J.A.C. 5:80-26.6(b).
A.Â
The owners of restricted ownership units may apply to the administrative
agent to increase the maximum sales price for the unit on the basis
of capital improvements made since the purchase of the unit. Eligible
capital improvements shall be those that render the unit suitable
for a larger household or that add an additional bathroom. In no event
shall the maximum sales price of an improved housing unit exceed the
limits of affordability for the larger household.
B.Â
Upon the resale of a restricted ownership unit, all items of property
that are permanently affixed to the unit or were included when the
unit was initially restricted (for example, refrigerator, range, washer,
dryer, dishwasher, wall-to-wall carpeting) shall be included in the
maximum allowable resale price. Other items may be sold to the purchaser
at a reasonable price that has been approved by the administrative
agent at the time of the signing of the agreement to purchase. The
purchase of central air conditioning installed subsequent to the initial
sale of the unit, and not included in the base price, may be made
a condition of the unit resale, provided the price, which shall be
subject to ten-year, straight-line depreciation, has been approved
by the administrative agent. Unless otherwise approved by the administrative
agent, the purchase of any property other than central air conditioning
shall not be made a condition of the unit resale. The owner and the
purchaser must personally certify at the time of closing that no unapproved
transfer of funds for the purpose of selling and receiving property
has taken place at the time of or as a condition of resale.
A.Â
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this article for a period of at least 30 years, until the Township
takes action to release the unit from such requirements. Prior to
such action, a restricted rental unit must remain subject to the requirements
of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
(1)Â
Restricted rental units created as part of developments receiving
9% low-income housing tax credits must comply with a control period
of not less than a thirty-year compliance period plus a fifteen-year
extended use period.
B.Â
Rehabilitated renter-occupied housing units that are improved to
code standards shall be subject to affordability controls for a period
of 10 years.
C.Â
Deeds of all real property that include restricted rental units shall
contain deed restriction language. The deed restriction shall have
priority over all mortgages on the property, and the deed restriction
shall be recorded by the developer or seller with the records office
of the County of Burlington. A copy of the filed, recorded document
shall be provided to the administrative agent within 30 days of the
receipt of a certificate of occupancy.
D.Â
A restricted rental unit shall remain subject to the affordability
controls of this article despite the occurrence of any of the following
events:
A.Â
A written lease shall be required for all restricted rental units
and tenants shall be responsible for security deposits and the full
amount of the rent as stated on the lease. A copy of the current lease
for each restricted rental unit shall be provided to the administrative
agent.
B.Â
No additional fees or charges shall be added to the approved rent
(except, in the case of units in an assisted-living residence, to
cover the customary charges for food and services) without the express
written approval of the administrative agent.
C.Â
Application fees (including the charge for any credit check) shall
not exceed 5% of the monthly rent of the applicable restricted unit
and shall be payable to the administrative agent to be applied to
the costs of administering the controls applicable to the unit as
set forth in this article.
A.Â
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13,
as may be amended and supplemented, and shall be determined as follows:
(1)Â
Very-low-income rental units shall be reserved for households with
a gross household income less than or equal to 30% of median income.
(2)Â
Low-income rental units shall be reserved for households with a gross
household income less than or equal to 50% of median income.
(3)Â
Moderate-income rental units shall be reserved for households with
a gross household income less than 80% of median income.
B.Â
The administrative agent shall certify a household as eligible for
a restricted rental unit when the household is a very-low-income household,
low-income household or a moderate-income household, as applicable
to the unit, and the rent proposed for the unit does not exceed 35%
(or 40% for age-restricted units) of the household's eligible monthly
income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended
and supplemented; provided, however, that this limit may be exceeded
if one or more of the following circumstances exists:
(1)Â
The household currently pays more than 35% (or 40% for households
eligible for age-restricted units) of its gross household income for
rent, and the proposed rent will reduce its housing costs;
(2)Â
The household has consistently paid more than 35% (or 40% for households
eligible for age-restricted units) of eligible monthly income for
rent in the past and has proven its continuing ability to pay;
(3)Â
The household is currently in substandard or overcrowded living conditions;
(4)Â
The household documents the existence of assets with which the household
proposes to supplement the rent payments; or
(5)Â
The household documents proposed third-party assistance from an outside
source, such as a family member, in a form acceptable to the administrative
agent and the owner of the unit.
Each housing unit created through the conversion of a nonresidential
structure shall be considered a new housing unit and shall be subject
to the affordability controls for a new housing unit.
A.Â
State regulations require the Township to appoint a specific municipal
employee to serve as a Municipal Housing Liaison responsible for administering
the affordable housing program, including affordability controls,
the affirmative marketing plan, monitoring and reporting, and, where
applicable, supervising any contracted administrative agent. Mansfield
shall adopt an ordinance creating the position of Municipal Housing
Liaison; and shall adopt a resolution appointing a Municipal Housing
Liaison. The Municipal Housing Liaison shall be appointed by the governing
body and may be a full- or part-time municipal employee. The Municipal
Housing Liaison shall be approved by the Superior Court unless such
approval is delegated by the Court to COAH and shall be duly qualified
before assuming the duties of Municipal Housing Liaison.
B.Â
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for Mansfield,
including the following responsibilities which may not be contracted
out to the administrative agent:
(1)Â
Serving as Mansfield's primary point of contact for all inquiries
from the state, affordable housing providers, administrative agents
and interested households;
(2)Â
Monitoring the status of all restricted units in Mansfield's Fair
Share Plan;
(3)Â
Compiling, verifying and submitting annual monitoring reports as
required by the Court;
(4)Â
Coordinating meetings with affordable housing providers and administrative
agents, as needed; and
(5)Â
Attending continuing education opportunities on affordability controls,
compliance monitoring and affirmative marketing as offered or approved
by the Court.
Subject to the approval of the Superior Court, the Township
shall designate by resolution of the Township one or more administrative
agent(s) to administer newly constructed affordable units in accordance
with N.J.A.C. 5:93 and UHAC. An operating manual shall be provided
by the administrative agent(s) to be adopted by resolution of the
Township and subject to approval of the Superior Court or its designee.
The operating manuals shall be available for public inspection in
the office of the Township Clerk and in the office(s) of the administrative
agent(s). The Municipal Housing Liaison shall supervise the contracting
administrative agent(s). The administrative agent shall perform the
duties and responsibilities of an administrative agent as set forth
in UHAC, including those set forth in N.J.A.C. 5:80-26.14, 5:80-26.16
and 5:80-26.18 thereof, which includes:
A.Â
Affirmative marketing:
(1)Â
Conducting an outreach process to affirmatively market affordable
housing units in accordance with the affirmative marketing plan of
the Township and the provisions of N.J.A.C. 5:80-26.15; and
(2)Â
Providing counseling or contracting to provide counseling services
to low- and moderate-income applicants on subjects such as budgeting,
credit issues, mortgage qualification, rental lease requirements,
and landlord/tenant law.
B.Â
Household certification:
(1)Â
Soliciting, scheduling, conducting and following up on interviews
with interested households;
(2)Â
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;
(3)Â
Providing written notification to each applicant as to the determination
of eligibility or noneligibility;
(4)Â
Requiring that all certified applicants for restricted units execute
a certificate substantially in the form, as applicable, of either
the ownership or rental certificates set forth in Appendices J and
K of N.J.A.C. 5:80-26.1 et seq.;
(5)Â
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;
and
(6)Â
Employing a random selection process as provided in the affirmative
marketing plan of the Township when referring households for certification
to affordable units.
C.Â
Affordability controls:
(1)Â
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;
(2)Â
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;
(3)Â
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the Burlington
County Clerk's office after the termination of the affordability controls
for each restricted unit;
(4)Â
Communicating with lenders regarding foreclosures; and
(5)Â
Ensuring the issuance of continuing certificates of occupancy or
certifications pursuant to N.J.A.C. 5:80-26.10.
D.Â
Resales and rerentals:
(1)Â
Instituting and maintaining an effective means of communicating information
between owners and the administrative agent regarding the availability
of restricted units for resale or rerental; and
(2)Â
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.
E.Â
Processing requests from unit owners:
(1)Â
Reviewing and approving requests for determination from owners of
restricted units who wish to take out home equity loans or refinance
during the term of their ownership that the amount of indebtedness
to be incurred will not violate the terms of this article;
(2)Â
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 depreciated cost of central air-conditioning systems;
(3)Â
Notifying the municipality of an owner's intent to sell a restricted
unit; and
(4)Â
Making determinations on requests by owners of restricted units for
hardship waivers.
F.Â
Enforcement:
(1)Â
Securing annually from the municipality a list of all affordable
housing units for which tax bills are mailed to absentee owners, and
notifying all such owners that they must either move back to their
unit or sell it;
(2)Â
Securing from all developers and sponsors of restricted units, at
the earliest point of contact in the processing of the project or
development, written acknowledgement of the requirement that no restricted
unit can be offered, or in any other way committed, to any person,
other than a household duly certified to the unit by the administrative
agent;
(3)Â
The posting annually in all rental properties, including legal two-family
homes, of a notice as to the maximum permitted rent together with
the telephone number of the administrative agent where complaints
of excess rent or other charges can be made;
(4)Â
Sending annual mailings to all owners of affordable dwelling units,
reminding them of the notices and requirements outlined in N.J.A.C.
5:80-26.18(d)4;
(5)Â
Establishing a program for diverting unlawful rent payments to the
municipality's Affordable Housing Trust Fund or other appropriate
municipal fund approved by the DCA; and
(6)Â
Creating and publishing a written operating manual, as approved by
COAH, setting forth procedures for administering the affordability
controls.
G.Â
Additional responsibilities:
(1)Â
The administrative agent shall have the authority to take all actions
necessary and appropriate to carry out its responsibilities, hereunder.
(2)Â
The administrative agent shall prepare monitoring reports for submission
to the Municipal Housing Liaison in time for their submission by the
Municipal Housing Liaison to the Court, as required by the Court.
(3)Â
The administrative agent shall attend continuing education sessions
on affordability controls, compliance monitoring, and affirmative
marketing as offered or approved by the Court.
A.Â
The Township shall adopt by resolution an affirmative marketing plan,
subject to approval of the Court, that is compliant with N.J.A.C.
5:80-26.15, as may be amended and supplemented.
B.Â
The affirmative marketing plan is a regional marketing strategy designed
to attract buyers and/or renters of all majority and minority groups,
regardless of race, creed, color, national origin, ancestry, marital
or familial status, gender, affectional or sexual orientation, disability,
age or number of children, to housing units which are being marketed
by a developer, sponsor or owner of affordable housing. The affirmative
marketing plan is intended to target those potentially eligible persons
who are least likely to apply for affordable units in that region.
It is a continuing program that directs marketing activities toward
COAH Housing Region 5 and is required to be followed throughout the
period of restriction.
(1)Â
The Township shall add to the list of community and regional organizations
in its affirmative marketing plan, pursuant to N.J.A.C. 5:80-26.15(f)(5):
Fair Share Housing Center, Fair Share Housing Development, New Jersey
State NAACP Conference, Southern Burlington County NAACP, Willingboro
NAACP, Camden County NAACP, Camden County East NAACP, Gloucester County
NAACP, Latino Action Network, Burlington County Community Action Program,
Burlington County United Way, Interfaith Hospitality Network of Burlington
County (IHNBC), Catholic Charities of the Diocese of Trenton, Anti-Poverty
Network of NJ, Rancocas Valley Clergy Association, Bridge of Hope
in Mount Holly, American Red Cross, Supportive Housing Association,
Camden County Council on Economic Opportunity, Burlington Camden Association
of Realtors, Gloucester-Salem Association of Realtors, and the Burlington,
Camden, and Gloucester Counties' Departments of Human Services, Rental
Assistance, Aging, and Housing. The Township also agrees to require
any other entities, including developers or persons or companies retained
to do affirmative marketing, to comply with this subsection.
C.Â
The affirmative marketing plan shall provide a preference for veterans
of military service as permitted by law. It shall also provide regional
preference for all households that live and/or work in COAH Housing
Region 5, comprising Burlington, Camden and Gloucester Counties.
D.Â
The municipality has the ultimate responsibility for adopting the
affirmative marketing plan and for the proper administration of the
affirmative marketing program, including initial sales and rentals
and resales and rerentals. The administrative agent designated by
the Township of Mansfield shall implement the affirmative marketing
plan to assure the affirmative marketing of all affordable units.
E.Â
In implementing the affirmative marketing plan, the administrative
agent shall provide a list of counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements, and landlord/tenant law.
F.Â
The affirmative marketing plan shall describe the media to be used
in advertising and publicizing the availability of housing. In implementing
the affirmative marketing plan, the administrative agent shall consider
the use of language translations where appropriate.
G.Â
The affirmative marketing process for available affordable units
shall begin at least four months' prior to the expected date of occupancy.
H.Â
Applications for affordable housing shall be available in several
locations, including, at a minimum, the County Administration Building
and/or the County Library for each county within the housing region;
the Municipal Administration Building and the Municipal Library in
the municipality in which the units are located; and the developer's
rental office. Applications shall be mailed to prospective applicants
upon request.
I.Â
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner.
A.Â
Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an owner, developer or tenant, the Township
shall have all remedies provided at law or equity, including, but
not limited to, foreclosure, tenant eviction, a requirement for household
recertification, acceleration of all sums due under a mortgage, recuperation
of any funds from a sale in violation of the regulations, injunctive
relief to prevent further violation of the regulations, entry on the
premises, and specific performance.
B.Â
After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action(s) against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
(1)Â
The Township may file a court action in Superior Court pursuant to
N.J.S.A. 2A:58-11 alleging a violation or violations of the regulations
governing the affordable housing unit. If the owner, developer or
tenant is adjudged by the Court to have violated any provision of
the regulations governing affordable housing units the owner, developer
or tenant shall be subject to one or more of the following penalties,
at the discretion of the Superior Court:
(a)Â
A fine of not more than $500 per day or imprisonment for a period
not to exceed 90 days, or both, provided that each and every day that
the violation continues or exists shall be considered a separate and
specific violation of these provisions and not a continuation of the
initial offense;
(b)Â
In the case of an owner who has rented a low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment into the Township of Mansfield Affordable Housing Trust
Fund of the gross amount of rent illegally collected;
(c)Â
In the case of an owner who has rented a low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment of an innocent tenant's reasonable relocation costs,
as determined by the Superior Court.
(2)Â
The Township may file a court action in the Superior Court seeking
a judgment that would result in the termination of the owner's equity
or other interest in the unit, in the nature of a mortgage foreclosure.
Any such judgment shall be enforceable as if the same were a judgment
of default of the first purchase money mortgage and shall constitute
a lien against the low- or moderate-income unit.
(a)Â
The judgment shall be enforceable, at the option of the Township,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any first purchase money mortgage and prior liens and
the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating owner shall have his right
to possession terminated as well as his title conveyed pursuant to
the Sheriff's sale.
(b)Â
The proceeds of the Sheriff's sale shall first be applied to
satisfy the first purchase money mortgage lien and any prior liens
upon the low- and moderate-income unit. The excess, if any, shall
be applied to reimburse the Township for any and all costs and expenses
incurred in connection with either the court action resulting in the
judgment of violation or the Sheriff's sale. In the event that the
proceeds from the Sheriff's sale are insufficient to reimburse the
Township in full as aforesaid, the violating owner shall be personally
responsible for the full extent of such deficiency, in addition to
any and all costs incurred by the municipality in connection with
collecting such deficiency. In the event that a surplus remains after
satisfying all of the above, such surplus, if any, shall be placed
in escrow by the Township for the owner and shall be held in such
escrow for a maximum period of two years or until such earlier time
as the owner shall make a claim with the municipality for such. Failure
of the owner to claim such balance within the two-year period shall
automatically result in a forfeiture of such balance to the municipality.
Any interest accrued or earned on such balance while being held in
escrow shall belong to and shall be paid to the Township, whether
such balance shall be paid to the owner or forfeited to the municipality.
(c)Â
Foreclosure by the Township due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the Sheriff's sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the Sheriff's sale shall not be entitled to any right of redemption.
(d)Â
If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the first purchase money mortgage and any
prior liens, the Township may acquire title to the low- and moderate-income
unit by satisfying the first purchase money mortgage and any prior
liens and crediting the violating owner with an amount equal to the
difference between the first purchase money mortgage and any prior
liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the low- and moderate-income
unit could have been sold under the terms of the regulations governing
affordable housing units. This excess shall be treated in the same
manner as the excess which would have been realized from an actual
sale as previously described.
(e)Â
Failure of the low- and moderate-income unit to be either sold
at the Sheriff's sale or acquired by the municipality shall obligate
the owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the municipality, with such
offer to purchase being equal to the maximum resale price of the low-
and moderate-income unit as permitted by the regulations governing
affordable housing units.
(f)Â
The owner shall remain fully obligated, responsible and liable
for complying with the terms and restrictions of governing affordable
housing units until such time as title is conveyed from the owner.
A.Â
On the first anniversary of the entry of the final order of compliance
and judgment of repose entered by the Court in Tower Gate Associates
IMO Tower Gate Associates v. Township of Mansfield, et al., Docket
No.: BUR-L-001739-18, and every anniversary thereafter through the
end of the repose period, the Township shall provide annual reporting
of its Affordable Housing Trust Fund activity to the DCA, COAH or
Local Government Services, or other entity designated by the State
of New Jersey, with a copy provided to FSHC and posted on the municipal
website, using forms developed for this purpose by DCA, COAH or Local
Government Services. The reporting shall include an accounting of
all Affordable Housing Trust Fund activity, including the source and
amount of funds collected and the amount and purpose for which any
funds have been expended.
B.Â
On the first anniversary of the entry of the final order of compliance
and judgment of repose entered by the Court in Tower Gate Associates
IMO Tower Gate Associates v. Township of Mansfield, et al., Docket
No.: BUR-L-001739-18, and every anniversary thereafter through the
end of the repose period, the Township shall provide annual reporting
of the status of all affordable housing activity within the municipality
through posting on the municipal website, with copies provided to
FSHC, using forms previously developed for this purpose by COAH or
any other forms endorsed by the Court-appointed Special Master and
FSHC.
C.Â
On or before December 31, 2022, for the midpoint realistic opportunity
review required pursuant to N.J.S.A. 52:27D-313, the Township shall
post on its municipal website, with copies provided to Fair Share
Housing Center (FSHC), the Court Master, and the Court, a status report
as to its implementation of its plan and an analysis of whether any
unbuilt sites or unfulfilled mechanisms continue to present a realistic
opportunity and whether the mechanisms to meet unmet need should be
revised or supplemented. Such posting shall invite any interested
party to submit comments to the Township, with copies provided to
FSHC, regarding whether any sites no longer present a realistic opportunity
and should be replaced and whether the mechanisms to meet unmet need
should be revised or supplemented. Any interested party may by motion
request a hearing before the Court regarding these issues.
D.Â
For the review of very-low-income housing requirements required by
N.J.S.A. 52:27D-329.1, within 30 days of the third anniversary of
the entry of the final order of compliance and judgment of repose
entered by the Court in Tower Gate Associates IMO Tower Gate Associates
v. Township of Mansfield, et al., Docket No.: BUR-L-001739-18, and
every third year thereafter, the Township will post on its municipal
website, with copies provided to FSHC, a status report as to its satisfaction
of its very-low-income requirements, including the family very-low-income
requirements. Such posting shall invite any interested party to submit
comments to the Township, with copies provided to FSHC, on the issue
of whether the Township has complied with its very-low-income housing
obligation.
Appeals from all decisions of an administrative agent appointed
pursuant to this article shall be filed, in writing, with the Superior
Court unless the Superior Court delegates this responsibility.
