[HISTORY: Adopted by the Mayor and Council of the Borough of Northvale:
Art. I, 10-14-1987 as Ord. No. 581-87;
Art. II, 6-27-1990 as part of Ord. No. 618-90.
Amendments noted where applicable.]
GENERAL REFERENCES
Affordable housing districts — See Ch. 200.
[Adopted 10-14-1987 as Ord. No. 581-87]
The Borough of Northvale desires to participate in the area of operations
of the Housing Authority of Bergen County throughout its territorial boundary
and the jurisdiction of its Mayor and Council for the purpose of alleviating
the shortage of safe and sanitary housing.
The Borough of Northvale does hereby consent to its inclusion in the
area of operation of the Housing Authority of Bergen County.
The Borough of Northvale understands that the Housing Authority of Bergen
County will not make application for new construction in the Borough of Northvale
without the approval of the governing body of the Borough of Northvale.
The Clerk be and is hereby authorized and directed to file a certified
copy of this Article with the Commissioner of the State Department of Community
Affairs and with the Secretary of the Housing Authority of Bergen County.
[Adopted 6-27-1990 as part of Ord. No.
618-90]
The purpose of this Article is to create the administrative mechanisms
needed for the execution of the borough'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.
As used in this Article, the following terms shall have the meanings
indicated:
The employee, consultant, authority or government or other agency
charged by the governing body with the responsibility of administering the
affordable housing program for the borough.
There is hereby established an Affordable Housing Board, which shall
consist of five members appointed by the Mayor with advice and consent of
the Council. The members of the Board shall serve without compensation.
The Board shall be composed of one member of the governing body, whose
appointment shall be for one year, one member of the Planning Board and one
member of the Board of Adjustment, whose appointments shall be for three years
or the duration of their terms on such Planning Board, whichever terminates
first, and two additional residents of the borough, whose terms shall be for
three years each, except that when the Board is initially appointed, one resident
member shall be appointed for one year, one member for two years and the third
member for three years. Appointments to fill vacancies resulting from resignation
or removal from office shall be for the departing member's unexpired
term.
The powers of the Affordable Housing Board shall be as follows:
A.
To recommend to the governing body the person or organization
to be appointed as Housing Officer and the amount of compensation to be paid
to that person or organization.
B.
To recommend to the governing body the adoption of rules
and regulations:
(1)
To govern the sale or rental of affordable housing units to lower-income persons pursuant to Chapter 200, Zoning, and the Substantive Rules issued by the Council on Affordable Housing.
(2)
To assure that the housing units built or rehabilitated for affordable housing will remain available to lower-income households for the appropriate period of time as required by the Substantive Rules issued by the Council on Affordable Housing and pursuant to Chapter 200, Zoning.
(3)
To establish eligibility criteria for the households wishing to purchase or rent affordable housing in the borough in accordance with Chapter 200, Zoning, and the Substantive Rules issued by the Council on Affordable Housing.
(4)
To establish screening mechanisms to ensure that all
affordable housing units are occupied by only lower-income households.
(5)
To administer all funds made available to the borough's
Housing Fund from developer contributions or from public sources under the
direction and oversight of the borough's Chief Financial Officer.
(6)
To regulate the resale of affordable housing units so
as to allow lower-income households to recoup the value of any improvements
to the units while providing for the recapture by the borough of any windfall
profits from the resale of the units.
(7)
To regulate the calculation of rents and other charges
for affordable housing rental units for the purposes of ensuring that affordable
housing rental units are rented only to and remain occupied only by lower-income
households.
(8)
To provide for a fair and equitable disbursal of funds
from the Housing Fund, to the extent that such funds are available, for rehabilitation
of substandard housing occupied by lower-income households and for such other
purposes, including senior citizens housing construction, as may be authorized
by the governing body, this task to be accomplished under the direction and
oversight of the borough's Chief Financial Officer.
C.
To ascertain the extent and location of substandard housing
and, upon authorization by the governing body, to conduct a survey or arrange
to have a survey conducted.
D.
To seek out sources of government funding that will assist
the borough in meeting its goals of supplying affordable housing as set forth
in the adopted Housing Plan Element of the Master Plan and, upon authorization
by the governing body, to prepare and submit applications to secure such funding.
E.
To prepare an annual budget for the Affordable Housing
Board, including salaries and expenditures incurred in administering exclusive
expenditures for rehabilitation. The budget shall be prepared in accordance
with proper borough accounting procedures and submitted to the governing body
for approval as part of the borough budget.
F.
To recommend to the governing body the disbursement of
funds from the Housing Fund, if such funds are available, for rehabilitation
of housing and for such other purposes as may be authorized by the governing
body.
G.
To recommend to the governing body reasonable fees to
be charged to developers of affordable housing units to offset the costs to
the borough related to the inspection and monitoring of sales and rentals
of affordable housing units, but not related to any salaries or expenditures
for such items as housing surveys or preparation of grant applications.
H.
To undertake such other activities as may be authorized
by law to carry out the obligations of the borough to assist in providing
affordable housing in accordance with the Fair Housing Act of 1985[1] and the Substantive Rules issued by the Council on Affordable
Housing.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
I.
To retain legal representation to advise the Affordable
Housing Board.
J.
To retain a Board Secretary.
In the absence of the appointment of an Affordable Housing Board, the
governing body shall act in its stead.
A.
Establishment of position of Housing Officer. There is
hereby established the position of Housing Officer for the borough. The Housing
Officer shall be appointed by the governing body and may be a full-time or
part-time borough employee, a consultant, an authority or a government or
other agency contracted by the borough to perform the duties and functions
of the Housing Officer.
B.
Compensation. Compensation shall be fixed by the governing
body at the time of the appointment of the Housing Officer, upon recommendation
of the Affordable Housing Board.
C.
Powers and duties. It shall be the responsibility of
the Housing Officer:
(1)
To administer the affordable housing program of the borough in accordance with Chapter 200, Zoning, and the rules and regulations of the Affordable Housing Board.
(2)
To maintain waiting lists of households which may be
eligible to rent or to purchase affordable dwelling units or to obtain funding
from the Housing Fund or from such other government funded programs as may
be available to qualified applicants.
(3)
To advertise the initial availability of affordable housing
units when they become available, which advertising shall be in addition to
any advertising done by a developer.
(4)
To advertise the availability of funds for housing rehabilitation,
if and when such funds are available, or for such other affordable housing
programs as may be authorized by the governing body.
(5)
To maintain an up-to-date record of all deed-restricted
affordable housing units in the borough.
(6)
To monitor all transfers of ownership and changes of occupancy of all deed-restricted affordable housing units, to oversee the placement of qualified households in affordable housing units and to enforce the provisions of Chapter 200, Zoning, performing all of the administrative duties and functions outlined therein.
(7)
To advise the Planning Board with respect to its approvals
of affordable housing units and as to required developer contributions to
the Housing Fund.
(8)
To maintain detailed records of income to and expenditures
from the Housing Fund and accounts for any government grant moneys received.
(9)
To perform the administrative functions associated with
any government-funded housing rehabilitation, down payment assistance or other
affordable housing program, once such program has been funded.
(10)
To arrange for inspections of affordable housing units
as necessary to carry out the requirements of this Article and the rules and
regulations promulgated by the Affordable Housing Board.
(11)
To carry out such additional duties as may be required
of the Housing Officer by the rules and regulations promulgated by the Affordable
Housing Board.
