City of Somers Point, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Somers Point as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Economic Development Advisory Commission — See Ch. 20.
Planning Board — See Ch. 41.
Zoning Board of Adjustment — See Ch. 66.
Uniform construction codes — See Ch. 100.
Development impact — See Ch. 112.
Development regulations — See Ch. 114.
[Adopted 9-27-2007 by Ord. No. 19-2007[1]]
[1]
Editor's Note: This article superseded former Ord. No. 15-2007, adopted 8-23-2007, which superseded former Ch. 69, Affordable Housing, adopted 10-27-2005 by Ord. No. 16-2005.

§ 69-1 Purpose.

In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules. This article establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's rules and the Superior Court's prior approval. Fees collected pursuant to this article shall be used for the sole purpose of providing low- and moderate-income housing. This article shall be interpreted within the framework of COAH's rules on development fees.

§ 69-2 Basic requirements.

A. 
On October 27, 2005, the City of Somers Point adopted a development fee ordinance[1] that the Superior Court deemed consistent with COAH's rules on development fees at N.J.A.C. 5:94 et seq.
[1]
Editor's Note: This ordinance comprised former Ch. 69, Affordable Housing.
B. 
The City of Somers Point received a conditional second cycle Judgment of Repose that permits the City to expend collected development fees on a second cycle regional contribution agreement (RCA) in the event of a funding shortfall.
C. 
The City of Somers Point shall not spend development fees for other purposes until COAH or the Superior Court has approved a plan for spending such fees and has either received third cycle substantive certification from COAH or a third cycle judgment of repose from the Superior Court.

§ 69-3 Definitions.

The following terms, as used in this article, shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
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 development.
COAH
The New Jersey Council on Affordable Housing.
DEVELOPMENT FEE
Funds paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH's rules.
EQUALIZED ASSESSED VALUE
The value of a property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of issuance of a building permit may be obtained utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor.

§ 69-4 Residential development fees.

A. 
Residential developers shall pay a fee of 1% of the equalized assessed value for residential development.
B. 
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers shall be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.

§ 69-5 Nonresidential development fees.

A. 
Nonresidential developers shall pay a fee of 2% of the equalized assessed value for nonresidential development.
B. 
If an increase in floor area is approved pursuant to N.J.S.A. 40:55D-70d(4), then the additional floor area realized (above what is permitted by right under the existing zoning) shall incur a bonus development fee of 6% of the equalized assessed value for nonresidential development. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base floor area for the purposes of calculating the bonus development fee shall be the highest floor area permitted by right during the two-year period preceding the filing of the variance application.

§ 69-6 Eligible exactions, ineligible exactions and exemptions.

A. 
Affordable housing developments shall be exempt from development fees. All other forms of new construction shall be subject to development fees, unless exempted below.
B. 
Developments that have received preliminary or final approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees unless the developer seeks a substantial change in the approval.
C. 
The expansion of an existing residential structure and/or the construction of an accessory residential structure shall be exempt from development fees.
D. 
The expansion of a residential structure to create a separate housekeeping unit, the conversion of a residential structure to nonresidential use, or the expansion of a nonresidential structure or conversion to a more intense use shall be subject to development fees. The development fee shall be calculated on the increase in the equalized assessed value of the converted structure or the equalized assessed value of the newly created residential unit.
E. 
The construction or expansion of a house of worship shall be exempt from development fees. For purposes of this exemption, a house of worship shall be deemed to exclude any structures that would generate a growth share or other affordable housing obligation by COAH.
F. 
Nonprofit hospital structures referenced in a judgment approving the settlement of exclusionary zoning litigation shall be exempt from development fees, to the extent stated in a court-approved settlement agreement.
G. 
Residential developments that received building permits prior to June 21, 2007, shall be exempt from development fees provided that the development did not require subdivision approval, site plan approval or a variance under N.J.S.A. 40-55D-70(d).
H. 
Exemption for reconstruction resulting from fire, flood or natural disaster.
[Added 12-19-2013 by Ord. No. 28-2013]
(1) 
Owner-occupied residential structures that have been issued a demolition permit, provided that the unit for which the demolition permit has been issued was occupied by its current owner for at least one year prior to the demolition, no change in use has occurred, and which unit shall be subtracted from actual growth, a development fee pursuant to N.J.A.C. 5:97-8.3(c) based on the increase in equalized assessed value that results from reconstruction shall be imposed; unless
(2) 
The owner-occupied structure which shall have been issued a demolition permit which satisfies the requirements of Subsection H(1) shall have been issued the demolition permit as a result of destruction to the premises resulting from fire, flood or natural disaster, then and in such event, no development fee shall be imposed.

§ 69-7 Collection of fees.

Fifty percent of the development fee will be collected at the time of issuance of the building permit. The remaining portion will be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at the issuance of the building permit and that determined at issuance of the certificate of occupancy.

§ 69-8 Contested fees.

Imposed and collected development fees that are challenged shall be placed in an interest-bearing escrow account by the City of Somers Point. If all or a portion of the contested fees are returned to the developer, the accrued interest on the returned amount shall also be returned.

§ 69-9 Affordable Housing Trust Fund.

A. 
There is hereby created a separate, interest-bearing housing trust fund for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls. All development fees paid by developers pursuant to this article shall be deposited into this fund.
B. 
Within seven days from the opening of the trust fund account, the City of Somers Point shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, the bank, and COAH to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:94-6.16(b).
C. 
With the exception of the Court-approved expenditure on a second-cycle RCA, no other funds shall be expended from the Affordable Housing Trust Fund unless the expenditure conforms to a third cycle spending plan approved by COAH or a Court of competent jurisdiction. All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH or the Court.

§ 69-10 Use of funds.

A. 
Funds deposited in the housing trust fund may be used for any activity approved by COAH or the Court to address the municipal fair share. Such activities include, but are not limited to: rehabilitation, new construction, RCAs subject to the provisions of N.J.A.C. 5:94-4.4(d), ECHO housing, purchase of land for affordable housing, improvement of land to be used for affordable housing, purchase of housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, or administration necessary for implementation of the Housing Element and Fair Share Plan. The expenditure of all funds shall conform to a spending plan approved by COAH or the Court.
B. 
Funds shall not be expended to reimburse the City of Somers Point for past housing activities.
C. 
After subtracting development fees collected to finance an RCA, a rehabilitation program or a new construction project that are necessary to address the City of Somers Point affordable housing obligation, at least 30% of the balance remaining shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region.
(1) 
Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans, and rental assistance.
(2) 
Affordability assistance to households earning 30% or less of median income may include buying down the cost of low- or moderate-income units in the third round municipal Fair Share Plan to make them affordable to households earning 30% or less of median income. The use of development fees in this manner shall entitle the City of Somers Point to bonus credits pursuant to N.J.A.C. 5:94-4.22.
(3) 
Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
D. 
The City of Somers Point may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:94-7.
E. 
No more than 20% of the revenues collected from development fees each year, exclusive of the fees used to fund an RCA, shall be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Development fee administrative costs are calculated and may be expended at the end of each year or upon receipt of the fees.

§ 69-11 Monitoring.

The City of Somers Point shall complete and return to COAH all monitoring forms included in the annual monitoring report related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, and funds from the sale of units with extinguished controls, and the expenditure of revenues and implementation of the plan approved by the court. All monitoring reports shall be completed on forms designed by COAH.

§ 69-12 Ongoing collection of fees.

The Superior Court has approved the City of Somers Point Affordable Housing Development Fee Ordinance. The ability for the City of Somers Point to impose, collect and expend development fees shall expire with its judgment of compliance unless the City of Somers Point has filed an adopted Housing Element and Fair Share Plan with COAH or the Court and has petitioned for substantive certification or a judgment of compliance within 120 days after COAH adopts third round regulations. If the City of Somers Point fails to renew its ability to impose and collect development fees, it may resume the imposition and collection of development fees only by complying with the requirements of N.J.A.C. 5:94-6. The City of Somers Point shall not impose a development fee on a development that receives preliminary or final approval after the expiration of its substantive certification or judgment of compliance, nor will the City of Somers Point retroactively impose a development fee on such a development. The City of Somers Point will not expend development fees after the expiration of its substantive certification or judgment of compliance.
[Adopted 8-23-2007 by Ord. No. 16-2007]

§ 69-13 Intent.

This article of the City Code sets forth regulations regarding the low- and moderate-income housing units in the City consistent with the provisions known as the "Substantive Rules of the New Jersey Council on Affordable Housing for the period beginning December 20, 2004," N.J.A.C. 5:94 et seq., the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., and the City's constitutional obligation to provide a fair share of affordable housing for low and moderate income households. These regulations are also intended to provide assurances that low- and moderate-income units (the "affordable units") are created with controls on affordability over time and that low- and moderate-income people occupy these units. These regulations shall apply except where inconsistent with applicable law.

§ 69-14 Proportion of low- and moderate-income units by sale, rental and by number of bedrooms.

Except for affordable housing developments constructed pursuant to low-income tax credit regulations:
A. 
At least half of the for-sale affordable units within each affordable housing development shall be affordable to low-income households.
B. 
At least half of the rental affordable units within each affordable housing development shall be affordable to low-income households.
C. 
At least half of the affordable units in each bedroom distribution within each affordable housing development shall be affordable to low-income households.

§ 69-15 Bedroom distribution of affordable units.

A. 
Affordable housing developments which are not limited to age-restricted households shall be structured in conjunction with realistic market demands so that:
(1) 
The combination of efficiency and one-bedroom units is no greater than 20% of the total number of affordable units;
(2) 
At least 30% of all affordable units shall be two-bedroom units.
(3) 
At least 20% of all affordable units shall be three-bedroom units.
B. 
Affordable housing developments that are limited to age-restricted households shall at a minimum have a total number of bedrooms equal to the number of age-restricted affordable units within the affordable housing development. The standard may be met by creating all one-bedroom units or by creating a two-bedroom unit for each efficiency unit.

§ 69-16 Establishment of rents and prices of units as related to household size and number of units.

A. 
In conjunction with realistic market information, the following shall be used to determine maximum rents and sales prices of the affordable units:
(1) 
Efficiency units shall be affordable to one-person households.
(2) 
A one-bedroom unit shall be affordable to a one- and one-half person household.
(3) 
A two-bedroom unit shall be affordable to a three-person household.
(4) 
A three-bedroom unit shall be affordable to a four- and one-half person household.
(5) 
A four-bedroom unit shall be affordable to a six-person household.
B. 
For assisted-living facilities, the following standards shall be used:
(1) 
A studio shall be affordable to a one-person household.
(2) 
A one-bedroom unit shall be affordable to a one- and one-half person household.
(3) 
A two-bedroom unit shall be affordable to a two-person household or to two, one-person households.
C. 
In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the administrative agent shall strive to:
(1) 
Provide an occupant for each unit bedroom;
(2) 
Provide children of different sex with separate bedrooms; and
(3) 
Prevent more than two persons from occupying a single bedroom.

§ 69-17 Establishing median income by household size.

Median income by household size shall be established using a regional weighted average of the uncapped Section 8 income limits published by HUD and computed as set forth in N.J.A.C. 5:94-7.2.

§ 69-18 Establishing average rents of affordable units.

A. 
The maximum rent of affordable units within each affordable housing development shall be affordable to households earning no more than 60% of median income. The average rent for low- and moderate-income units shall be affordable to households earning no more than 52% of median income. Restricted rental units shall establish at least one rent for each bedroom type for all low- and moderate-income units provided at least 10% of all low- and moderate-income units are affordable to households earning no more that 35% of median income.
B. 
Low- and moderate-income units shall utilize the same heating source as market units within an inclusionary development.
C. 
Gross rents including an allowance for utilities shall be established for the various size affordable units at a rate not to exceed 30% of the gross monthly income of the appropriate household size as set forth in § 69-16A above. The allowance for utilities shall be consistent with the utility allowance approved by the New Jersey Department of Community Affairs (DCA) for use in its Section 8 Program.
D. 
No affordable rental units included in the COAH requirement shall be subject to a rent control ordinance which may be adopted or in place in the City of Somers Point during the time period in which affordable housing COAH controls are effective.

§ 69-19 Establishing average sales prices of affordable units.

A. 
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. Each affordable development must achieve an affordability average of 55% for restricted ownership units. Moderate-income ownership units must be available for at least three different prices for each bedroom type and low-income ownership units must be available for at least two different prices for each bedroom type.
B. 
Low- and moderate-income units shall utilize the same heating source as market units within an inclusionary development.
C. 
The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying costs 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, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 28% of the eligible monthly income of an appropriate household size as determined under N.J.A.C. 5:80-26.4; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3.

§ 69-20 Affordable housing units: condominium or homeowners association fees.

If an affordable housing unit is part of a condominium association or homeowners' association, the Master Deed shall reflect that the assessed affordable homeowners' fee be established at 100% of the market rate fee. This percentage assessment shall be recorded in the Master Deed.

§ 69-21 Reservation of units.

A. 
Low-income housing units shall be reserved for households with a gross household income equal to or less than 50% of the median income approved by COAH.
B. 
Moderate-income housing units shall be reserved for households with a gross household income in excess of 50% but less than 80% of the median income approved by COAH.

§ 69-22 Reoccupancy certificates.

Upon resale of an affordable unit, a certificate of reoccupancy shall be required in accordance with N.J.A.C. 5:80-26.10.

§ 69-23 Phasing of construction.

Unless otherwise approved by COAH or the Superior Court, 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 one stage or in two or more stages:
Minimum Percentage of Low- and Moderate-Income Units Completed
Percentage of Market Housing Units Completed
0
25
10
25 + 1 unit
50
50
75
75
100
90

§ 69-24 Control period.

Any conveyance of a newly constructed low- or moderate-income sales unit shall contain the restrictive covenants and liens that are set forth in N.J.A.C. 5:80-26 et seq.

§ 69-25 Administration of affordable housing program.

A. 
The City of Somers Point is ultimately responsible for monitoring the affordable housing program, including affordability controls and the affirmative marketing plan in accordance with the regulations of the Council on Affordable Housing pursuant to N.J.A.C. 5:94 et seq. and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq.
B. 
The City of Somers Point has delegated to the municipal housing liaison the responsibility for monitoring the affordable housing program including administrating and enforcing the affordability controls and the Affirmative marketing plan of the City of Somers Point in accordance with the provisions of this article, the regulations of the Council on Affordable Housing pursuant to N.J.A.C. 5:94 et seq., and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq. The City of Somers Point shall by resolution appoint the City administrator as the municipal housing liaison to monitor the affordable housing program.
C. 
Subject to COAH approval, the City of Somers Point shall contract with one or more administrative agents to administer all of the affordability controls and/or the Affirmative marketing plan in accordance with this article, the regulations of the Council on Affordable Housing pursuant to N.J.A.C. 5:94 et seq. and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq. The municipal housing liaison shall monitor the contracting administrative agent(s).
D. 
The City of Somers Point intends to contract with an experienced affordable housing administrator to be the administrator of the sale and rental of all new affordable housing. The experienced affordable housing administrative agent will oversee and administer the income qualification of low- and moderate-income households; placing income eligible households in low- and moderate-income units upon initial occupancy; placing income eligible households in low- and moderate-income units as they become available during the period of affordability controls and enforcing the terms of the required deed restrictions and mortgage loans. The experienced affordable housing administrative agent will administer and implement:
(1) 
An administrative plan and program, and related monitoring and reporting requirements as outlined in N.J.A.C. 5:80-26.15 et seq. and the Land Use Ordinances of the City of Somers Point after review by the City Planning Board and City Council.
(2) 
A plan for certifying and verifying the income of low- and moderate-income households as per N.J.A.C. 5:80-26.16.
(3) 
Procedures to assure that low- and moderate-income units are initially sold or rented to eligible households and are thereafter similarly resold and rerented during the period while there are affordability controls as per N.J.A.C. 5:80-26 et seq.
(4) 
The requirement that all newly constructed low- and moderate-income sales or rental units contain deed restrictions with appropriate mortgage liens as set forth in appendices in N.J.A.C. 5:80-26 et seq.
(5) 
The several sales/purchase options authorized under N.J.A.C. 5.80-26 et seq. except that the City retains the right to determine by resolution whether or not to prohibit, as authorized under N.J.A.C.5:80-26 et seq., the exercise of the repayment option.
(6) 
The regulations determining whether installed capital improvements will authorize an increase in the maximum sales price; and which items of property may be included in the sales price as per N.J.A.C. 5:80-26.9.
E. 
The developers/owners of any inclusionary site shall be responsible for the experienced affordable housing administrator's administrative fee, affirmative marketing and advertising and such shall be a condition of Planning Board or Zoning Board of Adjustment approval. Subsequent to the initial sale or the initial rental of an affordable unit, the seller of an affordable sale unit or the owner of an affordable rental unit shall be responsible for the experienced affordable housing administrator's administrative fee, affirmative marketing and advertising and such shall be a condition of any affordable housing deed restriction governing the unit.
F. 
The City of Somers Point reserves the right to replace the administrative agent(s) with another experienced affordable housing agency authorized by COAH to carry out the administrative processes outlined above.

§ 69-26 Time period for controls.

A. 
Newly constructed low- and moderate-income rental units shall remain affordable to low- and moderate-income households for a period of 30 years.
B. 
Newly constructed low- and moderate-income for-sale units shall remain affordable to low- and-moderate income households for a period of 30 years.
C. 
Rehabilitated owner-occupied single-family housing units that are improved to code standard shall be subject to affordability controls for 10 years.
D. 
Rehabilitated renter-occupied housing units that are improved to code standard shall be subject to affordability controls for at least 10 years.
E. 
Housing units created through conversion of a nonresidential structure shall be considered a new housing unit and shall be subject to affordability controls for new housing units as designated in Subsections A and B.
F. 
Affordability controls on accessory apartments shall be for a period of 30 years.
G. 
Affordability controls for units in alternative living arrangements shall be for a period of 30 years.
H. 
Affordability controls on buy-down units shall be for a period of 30 years.

§ 69-27 Selection of occupants of affordable units.

A. 
The administrative agent shall use a random selection process to select occupants of low- and moderate-income housing.
B. 
A waiting list of all eligible candidates will be maintained in accordance with the provisions contained in N.J.A.C. 5:80-26 et seq.
C. 
Households who live or work in COAH's Housing Region 6 consisting of Atlantic, Cape May, Cumberland, and Salem Counties shall be given preference for sales and rental units constructed within this housing region. Applicants living outside this housing region will have an equal opportunity for units after regional applicants have been initially serviced.

§ 69-28 Affirmative marketing plan.

A. 
In accordance with the regulations of COAH pursuant to N.J.A.C. 5:94 et seq., and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq., the regulations below shall serve as the City of Somers Point's Affirmative marketing plan.
B. 
All affordable housing units shall be marketed in accordance with the provisions therein.
C. 
The City of Somers Point has a second round and a third round obligation. This section shall apply to all developments that contain proposed low- and moderate-income units and any future developments that may occur.
D. 
In implementing the marketing program, the administrative agent shall undertake all of the following strategies:
(1) 
Publication of one advertisement in a newspaper of general circulation within the housing region.
(2) 
Broadcast of one advertisement by a radio or television station broadcasting throughout the housing region.
(3) 
At least one additional regional marketing strategy using one of the other sources listed below.
E. 
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 or sponsor of affordable housing. The affirmative marketing plan is also 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 all marketing activities toward the COAH Housing Region in which the municipality is located and covers the period of deed restriction. The City of Somers Point is in the housing region consisting of Atlantic, Cape May, Cumberland, and Salem Counties. The affirmative marketing program is a continuing program and shall meet the following requirements:
(1) 
All newspaper articles, announcements and requests for applications for low- and moderate-income units shall appear in the following daily regional newspaper/publication:
(a) 
The Press of Atlantic City;
(b) 
Northfield — Linwood- Somers Point Current;
(c) 
Ocean City Sentinal.
(2) 
The primary marketing shall take the form of at least one press release sent to the above publications and a paid display advertisement in the above newspapers. Additional advertising and publicity shall be on an as-needed basis. The advertisement shall include a description of the:
(a) 
Location of the units;
(b) 
Direction to the units;
(c) 
Range of prices for the units;
(d) 
Size, as measured in bedrooms, of units;
(e) 
Maximum income permitted to qualify for the units;
(f) 
Location of applications;
(g) 
Business hours when interested households may obtain an application; and
(h) 
Application fees, if any.
(3) 
The following regional cable television station shall be used: Comcast Access Channel TV 3.
(4) 
The following is the location of applications, brochure(s), sign(s) and/or poster(s) used as part of the affirmative marketing program:
(a) 
City of Somers Point Municipal Building.
(b) 
City of Somers Point Public Library.
(5) 
The following is a listing of community contact person(s) and/or organizations(s) in Atlantic, Cape May, Cumberland, and Salem Counties that will aid in the affirmative marketing program with particular emphasis on contracts that will reach out to groups that are least likely to apply for housing within the region:
(a) 
Atlantic County Department of Family and Community Development.
(b) 
Atlantic County Improvement Authority.
(c) 
New Covenant Community Church.
(d) 
Calvary Bible Church.
(e) 
St. Joseph's Roman Catholic Church.
(f) 
Grace Lutheran Church.
(g) 
Atlantic City Mission of Diocese of New Jersey: Christ Episcopal Church.
(h) 
United Methodist Church.
(i) 
Holy Trinity Greek Orthodox Church.
(j) 
Beth Israel Reform Congregation.
(k) 
NJ State Mental Health Association.
(l) 
Fair Housing Council of Atlantic County.
(m) 
Family Service Association of Atlantic County.
(n) 
The ARC of Atlantic County.
(o) 
Homes Now, Inc.
(p) 
The Affordable Homes Group.
(q) 
Affordable Homes of Millville Ecumenical.
(r) 
Cumberland Empowerment Zone Corporation.
(s) 
Rural Opportunities, Inc., NJ Division.
(t) 
Tri-County Community Action Partnership.
(u) 
Housing Services Corp. of the Diocese of Camden.
(6) 
Quarterly flyers and applications.
(a) 
Quarterly flyers and applications shall be sent to each of the following agencies for publication in their journals and for circulation among their members:
[1] 
Atlantic County Board of Realtors.
[2] 
Cape May County Board of Realtors.
[3] 
Cumberland County Board of Realtors.
[4] 
Salem County Board of Realtors.
(b) 
Applications shall be mailed to prospective applicants upon request.
(c) 
Additionally, quarterly informational circulars and applications shall be sent to the chief administrative employees of each of the following agencies in the counties of Atlantic, Cape May, Cumberland, and Salem:
[1] 
Welfare or Social Service Board.
[2] 
Rental Assistance Office (local office of DCA).
[3] 
Office on aging.
[4] 
Housing Agency or Authority.
[5] 
Library.
[6] 
Area Community Action Agencies.
(d) 
Also, quarterly informational circulars and applications shall be sent to the chief administrative employees of each of the following major employers:
[1] 
Shore Memorial Hospital.
[2] 
Atlantic City Medical Center.
[3] 
Burdete-Tomlin Memorial Hospital.
[4] 
Atlantic City Electric.
[5] 
A.C. Hilton.
[6] 
Bally's.
[7] 
Borgata.
[8] 
Caesers.
[9] 
Harrah's.
[10] 
Resorts.
[11] 
Sands.
[12] 
Showboat.
[13] 
Tropicana.
[14] 
Trump Marina.
[15] 
Trump Plaza.
[16] 
Trump Taj Mahal.
[17] 
Wawa.
[18] 
Walmart.
[19] 
ShopRite.
[20] 
Acme.
[21] 
Home Depot.
[22] 
Lowes.
(7) 
A random selection method to select occupants of low- and moderate-income housing will be used in conformance with N.J.A.C.5:80-26.16 (l).
(a) 
The experienced affordable housing administrative agent has the responsibility to income qualify low- and moderate-income households; to place income eligible households in low- and moderate-income units upon initial occupancy; to provide for the initial occupancy of low- and moderate-income units which income qualified households; to continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls; to assist with outreach to low- and moderate-income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C 5:80-26. The municipal housing liaison will act as liaison to any experienced affordable housing administrative agency that may be contracted by the City in the future. The experienced affordable housing administrative agent shall provide counseling services to low- and moderate-income applicants on subject such as budgeting, credit issues, mortgage qualifications, rental lease requirements and landlord/tenant law.
(b) 
All developers of low- and moderate-income housing units shall be required to assist in the marketing of the affordable units in their respective developments.
(c) 
The marketing program shall commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program shall continue until all low-income housing units are initially occupied and for as long as affordable units are deed restricted and occupancy or reoccupancy of units continues to be necessary.
(d) 
The municipal housing liaison of the City of Somers Point will comply with monitoring and reporting requirements as per N.J.A.C.5:80-26.