Township of Elk, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Elk as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Affordable Housing Board — See Ch. 3.
Housing Authority — See Ch. 22.
Mandatory development fees — See Ch. 70, Art. II.
Zoning — See Ch. 100.
[Adopted 12-3-1987]

§ 40-1 Purpose.

This article is enacted to ensure that the inhabitants of Elk Township, present and future, who are qualified as low- and moderate-income families, have a reasonable and realistic opportunity for affordable housing as mandated by the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).

§ 40-2 Administrative authority.

The provisions of this article shall be administered by the Township of Elk Planning Board in accordance with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).

§ 40-3 Definitions and word usage.

Words, phrases and other terms used in this article have the same meanings as defined and used in the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.) and in the regulations of the New Jersey Council on Affordable Housing (COAH).

§ 40-4 Enforcement authority.

In the event of the failure of a developer to comply with any provision of this article, the Township shall forthwith cease all issuance of permits, inspections, licenses, etc. and other action with respect to such developer's project or projects and may seek such remedies and sanctions as shall be available.

§ 40-5 Applicable zoning districts.

Developers of 25 or more housing units in zoning districts in which multifamily residential is a permitted or conditional use shall comply with the provisions of this article and shall provide for set-asides for low- and moderate-income units as follows. Information pursuant to the applicant's ability and intent to comply with the provisions of this article must be submitted to the Planning Board in the form of a written report/review prior to preliminary approval.
A. 
Permitted densities.
(1) 
Developers of 25 or more housing units shall adhere to the permitted densities presently designated for each zoning district relative to multifamily, except that, where necessary, the density may be increased to six dwelling units per acre with a twenty-percent set-aside for low- and moderate-income citizens in accordance with the range of affordability requirements, bedroom distribution, pricing stratification, and affirmative marketing requirements as follows.
(2) 
Pursuant to the requirements of COAH, developers of 25 or more housing units shall be allowed a density of 7.8 dwelling units per acre for rental housing with a mandatory set-aside of 15% for low- and moderate-income citizens in accordance with the range of affordability requirements, bedroom distribution, pricing stratification, and affirmative marketing requirements as follows.
B. 
Bedroom distribution. Developers shall devise and provide for within their development, a method which establishes the following distribution of the number of bedrooms contained within an inclusionary development:
(1) 
At a minimum, 35% of all low- and moderate-income units shall be two-bedroom units;
(2) 
At a minimum, 15% of all low- and moderate-income units shall be three-bedroom units; and
(3) 
No more than 20% of all low- and moderate-income units may be efficiency units.
C. 
Range of affordability for purchased housing.
(1) 
Developers must provide housing within the average price of low- and moderate-income units within an inclusionary development. These will be, as best as practicable, affordable to household at 57.5% of median income as contained in N.J.A.C. 5:92-12.4.
(2) 
In devising a range of affordability for purchased housing, as required in Subsection C(1) above, developers shall provide, as best as practicable, for the following distribution of prices for every 20 low- and moderate-income units:
Proposed Pricing Stratification
Type of Unit
Distribution of Prices
Low-income
1 at 40% through 42.5%
3 at 42.6% through 47.5%
6 at 47.6% through 50%
Moderate-income
1 at 50.1% through 57.5%
1 at 57.6% through 64.5%
1 at 64.6% through 68.5%
1 at 68.6% through 72.5%
2 at 72.6% through 77.5%
4 at 77.6% through 80%
(3) 
For initial occupancy, priority shall be given to households within a particular income category with flexibility based on New Jersey Housing and Mortgage Finance Agency affordability controls criteria.
D. 
Rental housing. Within zones designated for rental inclusionary developments, the Township shall require a fifteen-percent maximum set-aside and a maximum gross density of 7.8 units per acre.
E. 
Affirmative marketing within inclusionary developments.
(1) 
Occupancy preference. For all low- and moderate-income housing units provided in inclusionary developments, developers shall establish occupancy such that, initially, no more that 50% of the units are made available to income-eligible households that reside in the Township or work in the Township and reside elsewhere.
(2) 
Affirmative marketing program. Developers shall have a primary responsibility for developing and implementing an affirmative marketing program that addresses the occupancy preference requirements in N.J.A.C. 5:92-15.1. Developers and/or sponsors of low- and moderate-income housing are required to market, screen, offer occupancy and select eligible households accordingly.
F. 
Schedule of completion for inclusionary housing. Developers of inclusionary developments shall be entitled to final approval of at least four market-priced housing units per each low- and moderate-income housing unit. Within inclusionary developments, low- and moderate-income housing units shall be built in accordance with the following schedule:
Minimum Percentage of Low- and
Moderate-Income Units Completed
Percentage of Market
Housing Units Completed
0
25
10
25 + 1 unit
50
75
75
90
100
100
G. 
Controls on affordability.
(1) 
Developers of inclusionary housing affordability must provide measures to ensure low- and moderate-income households for a period of 20 years.
(2) 
The price of an owner-occupied housing units and the rents of affordable housing units may increase annually based on the percentage increase in median income for each housing region as determined from the uncapped Section 8 income limits, published by HUD or other recognized standard adopted by the Council on Affordable Housing that applies to the rental housing unit.
(3) 
Persons wishing to sell affordable units shall notify the Township of their intent to sell. If no eligible buyer enters a contract of sale for the unit within 60 days of notification, the Township shall have the option to purchase the unit for the maximum price permitted based on the regional increase in median income as defined by HUD or other recognized standard adopted by the Council on Affordable Housing. If the Township does not purchase the unit, the seller may apply for permission to offer the unit to a non-income-eligible household at the maximum price permitted. The seller shall document efforts to sell the unit to an income-eligible household as part of this application. If the request is granted, the seller may offer low-income housing units to moderate-income households and moderate-income housing units to households earning in excess of 80% of median. In no case shall the seller be permitted to receive more than the maximum price permitted.
(4) 
An action of foreclosure by a financial institution regulated by state and/or federal law shall extinguish controls on affordable housing units.
(5) 
Owner-occupied single-family housing units that are rehabilitated and improved to code standards through Township-sponsored programs shall be subject to affordability controls for at least six years.
(6) 
Renter-occupied housing units that are rehabilitated and improved to code standards by the Township through any Township-sponsored programs shall be subject to affordability controls for at least 10 years.
H. 
Design standards.
(1) 
The facade and type of unit of the low- and moderate-income units shall in no way be distinguishable from the facades of the other units in the development.
(2) 
The low- and moderate-income units shall be dispersed throughout the project to the greatest extent feasible.
I. 
Exemptions and exceptions.
(1) 
The Council on Affordable Housing has determined the "Fair Share Number" for the Township and will adjust said number every six years based upon criteria determined by COAH The "Fair Share Number" stated as a goal is 121 for Elk Township to the year 1992. It is to be expected that the "Fair Share Number" will substantially increase and should therefore be anticipated.
(2) 
Developers may request a waiver or partial waiver of the set-aside requirement foregoing the allowed eligible increase in density, provided that:
(a) 
It can be demonstrated and documented by the developer that the Township of Elk has exceeded 150% of its assigned number for the present six-year period in approved projects.
(b) 
The developer donates lands and/or funds as deemed appropriate by the Township for the creation of low- and moderate-income housing by the Township of its design.
(c) 
The cumulative total of all low- and moderate-income units which shall at anytime be restricted to the minimum age of adults may not exceed 20% of the Township's "Fair Share Number" as determined by the Council on Affordable Housing.
[Adopted 3-17-2009 by Ord. No. O-2009-3]

§ 40-6 Purpose.

The purpose of this article is to create the administrative mechanisms needed for the execution of Township of Elk's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.

§ 40-7 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ADMINISTRATIVE AGENT
The entity responsible for administering the affordability controls of some or all units in the affordable housing program for the Township of Elk to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.
MUNICIPAL HOUSING LIAISON
The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Township of Elk.

§ 40-8 Establishment of Municipal Housing Liaison position; compensation; powers and duties.

A. 
Establishment of position of Municipal Housing Liaison. There is hereby established the position of Municipal Housing Liaison for the Township of Elk.
B. 
Subject to the approval of the Council on Affordable Housing (COAH), the Municipal Housing Liaison shall be appointed by the governing body and may be a full- or part-time municipal employee.
C. 
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Township of Elk, including the following responsibilities which may not be contracted out, exclusive of Subsection C(6), which may be contracted out:
(1) 
Serving as the Township of Elk's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents, and interested households.
(2) 
Monitoring the status of all restricted units in the Township of Elk's fair share plan.
(3) 
Compiling, verifying, and submitting annual reports as required by COAH.
(4) 
Coordinating meetings with affordable housing providers and administrative agents, as applicable.
(5) 
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH.
(6) 
If applicable, serving as the administrative agent for some or all of the restricted units in the Township of Elk as described in Subsection F below.
D. 
Subject to approval by COAH, the Township of Elk may contract with or authorize a consultant, authority, government or any agency charged by the governing body, which entity shall have the responsibility of administering the affordable housing program of the Township of Elk, except for those responsibilities which may not be contracted out pursuant to Subsection C above. If the Township of Elk contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and affirmative marketing plan, the Municipal Housing Liaison shall supervise the contracting administrative agent.
E. 
Compensation. Compensation shall be fixed by the governing body at the time of the appointment of the Municipal Housing Liaison.
F. 
Administrative powers and duties assigned to the Municipal Housing Liaison.
(1) 
Affirmative marketing.
(a) 
Conducting an outreach process to insure affirmative marketing of affordable housing units in accordance with the affirmative marketing plan of the Township of Elk and the provisions of N.J.A.C. 5:80-26.15; and
(b) 
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.
(2) 
Household certification.
(a) 
Soliciting, scheduling, conducting and following up on interviews with interested households;
(b) 
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;
(c) 
Providing written notification to each applicant as to the determination of eligibility or noneligibility;
(d) 
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 Appendixes J and K of N.J.A.C. 5:80-26.1 et seq.;
(e) 
Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located; and
(f) 
Employing the random selection process as provided in the affirmative marketing plan of the Township of Elk when referring households for certification to affordable units.
(3) 
Affordability controls.
(a) 
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;
(b) 
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;
(c) 
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the appropriate county's register of deeds or county clerk's office after the termination of the affordability controls for each restricted unit;
(d) 
Communicating with lenders regarding foreclosures; and
(e) 
Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
(4) 
Resale and rental.
(a) 
Instituting and maintaining an effective means of communicating information between owners and the administrative agent regarding the availability of restricted units for resale or rental; and
(b) 
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.
(5) 
Processing requests from unit owners.
(a) 
Reviewing and approving requests from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership;
(b) 
Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the cost of central air conditioning systems; and
(c) 
Processing requests and making determinations on requests by owners of restricted units for hardship waivers.
(6) 
Enforcement.
(a) 
Securing annually lists 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;
(b) 
Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgment 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;
(c) 
The posting annually in all rental properties, including 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 can be made;
(d) 
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;
(e) 
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;
(f) 
Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls; and
(g) 
Providing annual reports to COAH as required.
(7) 
The administrative agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.