[HISTORY: Adopted by the Mayor and Council of the Borough
of Wallington 6-25-2020 by Ord. No. 2020-8.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 153,
Affordable Housing, adopted 7-24-2008 by Ord. No. 2008-06, as amended.
A.
This chapter is intended to assure that low- and moderate-income
units ("affordable units") are created with controls on affordability
over time and that low- and moderate-income households shall occupy
these units. This chapter shall apply except where inconsistent with
applicable law.
B.
The Wallington Borough Planning Board has adopted a Housing Element
and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A.
40:55D-1 et seq. and settlement agreement as approved by the Court
in the Matter of the Application of the Borough of Wallington for
Judgement of Compliance and Repose, County of Bergen, Docket Number
BER- L-6285-15 (hereinafter "Fair Share Plan"). The Fair Share Plan
was subsequently endorsed by the governing body. The Fair Share Plan
describes how the Borough of Wallington shall address its fair share
of low- and moderate-income housing as documented in the Fair Share
Plan itself, the settlement agreement entered into by and between
the Borough and Fair Share Housing Center ("FSHC") on September 10,
2019, (hereinafter "FSHC Settlement Agreement"), the settlement agreement
between the Borough and Wallington Homes, LLC, owner of property designated
on the Borough's Tax Maps as Block 70.05, Lot 8.01, entered into
on or about August 27, 2019, the settlement agreement between the
Borough and Morningside/New Wallington Homes, LLC, owner of property
designated on the Borough's Tax Maps as Block 71, Lots 35.01
and 35.02, entered into on or about August 22, 2019, and the court
order approving same dated January 6, 2020, after a properly noticed
fairness hearing.
C.
This chapter implements and incorporates the Borough's Housing
Element and Fair Share Plan and addresses the requirements of N.J.A.C.
5:97, as may be amended and supplemented.
A.
The provisions of this chapter shall apply to all affordable housing
developments and affordable housing units that currently exist and
that are proposed to be created within the Borough of Wallington pursuant
to the Borough's most recently adopted Housing Element and Fair
Share Plan.
B.
Moreover, this chapter shall 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.
The following terms when used in this chapter shall have the
meanings given in this section:
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site.
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 chapter, N.J.A.C. 5:96, N.J.A.C. 5:97
and N.J.A.C. 5:80-26.1 et seq.
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 within the means of a low- or moderate-income
household as defined in N.J.A.C. 5:97-9; 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 all or a portion of which consists
of restricted units.
A development included in the Housing Plan Element and Fair
Share Plan, and includes, but is not limited to an inclusionary development,
a municipal construction project or a 100% affordable 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. 5:97-4, 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 or older; or 2) at least 80% of the units
are occupied by one person that is 55 years 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 facility 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, that
was established under 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.
A development containing both affordable units and market-rate
units. This term includes, but is not necessarily limited to: new
construction, the conversion of a nonresidential structure to residential
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.
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 county,
as adopted annually by COAH.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income
household.
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.
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 COAH's adopted Regional Income Limits published
annually by COAH.
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 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.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income.
A restricted unit that is affordable to a very-low-income
household.
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 rehabilitation.
The Borough of Wallington shall comply with the following monitoring
and reporting requirements regarding the status of the implementation
of its Court-approved Housing Element and Fair Share Plan:
A.
Beginning one year after the judgment of compliance and repose, and
on every anniversary of that date through 2025, the Borough agrees
to provide annual reporting of its Affordable Housing Trust Fund activity
to the New Jersey Department of Community Affairs, Council on Affordable
Housing, or Local Government Services, or other entity designated
by the State of New Jersey, with a copy provided to Fair Share Housing
Center (FSHC) and posted on the municipal website, using forms developed
for this purpose by the New Jersey Department of Community Affairs
(NJDCA), Council on Affordable Housing (COAH), or Local Government
Services (NJLGS). 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.
(1)
Beginning one year after the judgment of compliance and repose, and
on every anniversary of that date through 2025, the Borough agrees
to provide annual reporting of the status of all affordable housing
activity within the municipality through posting on the municipal
website with a copy of such posting provided to Fair Share Housing
Center, using forms previously developed for this purpose by COAH,
or any other forms endorsed by the Court-appointed Special Master
and FSHC.
(2)
The Fair Housing Act includes two provisions regarding action to
be taken by the Borough during its ten-year repose period. Pursuant
to the settlement agreement with FSHC, the Borough will comply with
those provisions as follows:
(a)
For the midpoint realistic opportunity review due on July 2,
2020, as required pursuant to N.J.S.A. 52:27D-313, the Borough will
post on its municipal website, with a copy provided to Fair Share
Housing Center, 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 Borough,
with a copy to Fair Share Housing Center, 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.
(b)
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 Borough's judgment of compliance and repose, and every
third year thereafter, the Borough will post on its municipal website,
with a copy provided to Fair Share Housing Center, a status report
as to its satisfaction of its very-low-income requirements, including
the family very-low-income requirements referenced herein. Such posting
shall invite any interested party to submit comments to the Borough
and Fair Share Housing Center on the issue of whether the Borough
has complied with its very-low-income housing obligation under the
terms of this settlement.
(c)
In addition to the foregoing postings, the Borough may also
elect to file copies of its reports with COAH or its successor agency
at the state level.
A.
Phasing schedule for inclusionary development. In inclusionary developments
the following schedule shall be followed:
|
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.
New construction requirements.
(1)
Low/moderate split and bedroom distribution of affordable housing
units:
(a)
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 regional median
income by household size). The very-low-income units shall be counted
as part of the required number of low-income units within the development.
At least 50% of the very-low-income units must be available to families.
(b)
In each affordable development, at least 50% of the restricted
units within each bedroom distribution shall be very-low- or low-income
units.
(c)
Affordable developments that are not age-restricted shall be
structured in conjunction with realistic market demands such that:
[1]
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
[2]
At least 30% of all low- and moderate-income units shall be
two-bedroom units;
[3]
At least 20% of all low- and moderate-income units shall be
three-bedroom units; and
[4]
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
[5]
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.
(2)
Accessibility requirements:
(a)
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.
(b)
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:
[1]
An adaptable toilet and bathing facility on the first floor;
and
[2]
An adaptable kitchen on the first floor; and
[3]
An interior accessible route of travel on the first floor; and
[4]
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;
and
[5]
If all of the foregoing requirements in Subsection B(2)(a) through (d) cannot be satisfied, then an interior accessible route of travel must be provided between stories within an individual unit, but if all of the terms of Subsection B(2)(a) through (d) above have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; and
[6]
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, or evidence that Wallington has collected funds from the developer
sufficient to make 10% of the adaptable entrances in the development
accessible:
[a]
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.
[b]
To this end, the builder of restricted units shall
deposit funds within the Borough of Wallington's Affordable Housing
Trust Fund sufficient to install accessible entrances in 10% of the
affordable units that have been constructed with adaptable entrances.
[c]
The funds deposited under Subsection B(2)(6)[b]
above shall be used by the Borough of Wallington 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.
[d]
The developer of the restricted units shall submit
a design plan and cost estimate to the Construction Official of the
Borough of Wallington for the conversion of adaptable to accessible
entrances.
[e]
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 that the cost estimate of such conversion is reasonable, payment
shall be made to the Borough's Affordable Housing Trust Fund
in care of the Borough Treasurer who shall ensure that the funds are
deposited into the Affordable Housing Trust Fund and appropriately
earmarked.
[f]
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.
(4)
Maximum rents and sales prices:
(a)
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.
(b)
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.
(c)
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, which very-low-income units shall be
part of the low-income requirement.
(d)
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.
(e)
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:
(5)
Affordability by household for low and moderate units:
(a)
A studio shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one-and-one-half-person
household;
(c)
A two-bedroom unit shall be affordable to a three-person household;
(d)
A three-bedroom unit shall be affordable to a four-and-one-half-person
household; and
(e)
A four-bedroom unit shall be affordable to a six-person household.
(6)
Affordability for restricted units. In determining the initial sales
prices and rents for compliance with the average requirements for
restricted units in assisted-living facilities and age-restricted
developments, the following standards shall be used:
(a)
A studio shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one- and-one-half-person
household; and
(c)
A two-bedroom unit shall be affordable to a two-person household
or to two one-person households.
(d)
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, homeowner 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.
(e)
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.
(7)
Income limits for all units that are part of the Borough's Housing
Element and Fair Share Plan, and 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 Borough annually within 30 days of the publication of determinations
of median income by HUD as follows:
(a)
The income limit for a moderate-income unit for a household
of four shall be 80% of the HUD determination of the median income
for COAH Region 1 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 median income for COAH Region 1 for a family of four. The income
limit for a very-low-income unit for a household of four shall be
30% of the HUD determination of the median income for COAH Region
1 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 the previous
year.
(b)
The income limits are based on carrying out the process in Subsection B(7)(a) based on HUD determination of median income for the current fiscal year and shall be utilized by the Borough until new income limits are available.
(c)
In establishing sale prices and rents of affordable housing
units, the administrative agent shall follow the procedures set forth
in UHAC, utilizing the regional income limits established by the Council.
(d)
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 determined pursuant to Subsection I. In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price.
(e)
The rents 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 Northern New Jersey Area, upon
its publication for the prior calendar year. 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 pursuant
to the regulations governing low- income housing tax credits.
C.
Utilities.
(1)
Affordable units shall utilize the same type of heating source as
market units within an inclusionary development.
(2)
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 the NJDCA for its Section 8 program.
D.
Occupancy standards. 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, strive
to:
E.
Control periods for restricted ownership units and enforcement mechanisms.
(1)
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 chapter for a period of at least 30 years, until Wallington
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.
(2)
The affordability control period for a restricted ownership unit
shall commence on the date the initial certified household takes title
to the unit.
(3)
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 Borough's administrative
agent, or an administrative agent appointed by a particular developer,
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.
(4)
At the time of the initial sale of the unit, the initial purchaser
shall execute and deliver to the Borough's administrative agent,
or an administrative agent appointed by a particular developer, 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 chapter, 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.
(5)
The affordability controls set forth in this chapter shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
(6)
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.
F.
Price restrictions for restricted ownership units, homeowners'
association fees and resale prices. 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)
The initial purchase price for a restricted ownership unit shall
be approved by the Borough's administrative agent, or an administrative
agent appointed by a particular developer.
(2)
The Borough's administrative agent, or an administrative agent
appointed by a particular developer, shall approve all resale prices,
in writing and in advance of the resale, to assure compliance with
the foregoing standards.
(3)
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 purchasers, unless the master deed for the inclusionary
project was executed prior to the enactment of UHAC.
(4)
The owners of restricted ownership units may apply to the Borough's
administrative agent, or an administrative agent appointed by a particular
developer, 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.
G.
Buyer income eligibility.
(1)
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.
(2)
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, homeowner and private mortgage insurance
and condominium or homeowners' association fees, as applicable)
does not exceed 33% of the household's eligible monthly income.
H.
Limitations on indebtedness secured by ownership unit; subordination.
(1)
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the owner shall apply to the Borough's administrative
agent, or an administrative agent appointed by a particular developer,
for a determination, in writing, that the proposed indebtedness complies
with the provisions of this section, and the Borough's administrative
agent, or an administrative agent appointed by a particular developer,
shall issue such determination prior to the owner incurring such indebtedness.
(2)
With the exception of first purchase money mortgages, 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 Borough's administrative agent, or an administrative agent
appointed by a particular developer, in accordance with N.J.A.C. 5:80-26.6(b).
I.
Capital improvements to ownership units.
(1)
The owners of restricted ownership units may apply to the Borough's
administrative agent, or an administrative agent appointed by a particular
developer, 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.
(2)
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 Borough's
administrative agent, or an administrative agent appointed by a particular
developer, 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 Borough's administrative agent, or an administrative agent
appointed by a particular developer. Unless otherwise approved by
the Borough's administrative agent, or an administrative agent
appointed by a particular developer, 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.
J.
Control periods for restricted rental units.
(1)
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 chapter for a period of at least 30 years, until Wallington
acts 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.
(2)
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 filed by the developer or seller with the records office
of the County of Bergen. A copy of the filed document shall be provided
to the Borough's administrative agent within 30 days of the receipt
of a certificate of occupancy.
(3)
A restricted rental unit shall remain subject to the affordability
controls of this chapter despite the occurrence of any of the following
events:
K.
Rent restrictions for rental units; leases.
(1)
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 Borough's
administrative agent, or an administrative agent appointed by a particular
developer.
(2)
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 Borough's administrative agent, or an
administrative agent appointed by a particular developer.
(3)
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 developer and/or landlord or to the Borough's
administrative agent, or an administrative agent appointed by a particular
developer. If the fees are paid to the Borough's administrative
agent or an administrative agent appointed by a particular developer
they are to be applied to the costs of administering the controls
applicable to the unit as set forth in this chapter.
(4)
No rent control ordinance or other pricing restriction shall be applicable
to either the market units or the affordable units in any development
in which at least 15% of the total number of dwelling units are restricted
rental units in compliance with this chapter.
L.
Tenant income eligibility.
(1)
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:
(a)
Very-low-income rental units shall be reserved for households
with a gross household income less than or equal to 30% of the regional
median household income by household size.
(b)
Low-income rental units shall be reserved for households with
a gross household income less than or equal to 50% of the regional
median household income by household size.
(c)
Moderate-income rental units shall be reserved for households
with a gross household income less than 80% of the regional median
household income by household size.
(2)
The Borough's administrative agent, or an administrative agent
appointed by a particular developer, 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% (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:
(a)
The household currently pays more than 35% (40% for households
eligible for age-restricted units) of its gross household income for
rent, and the proposed rent will reduce its housing costs;
(b)
The household has consistently paid more than 35% (40% for households
eligible for age-restricted units) of eligible monthly income for
rent in the past and has proven its ability to pay;
(c)
The household is currently in substandard or overcrowded living
conditions;
(d)
The household documents the existence of assets with which the
household proposes to supplement the rent payments; or
(e)
The household documents reliable anticipated 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.
A.
The position of Municipal Housing Liaison (MHL) for the Borough of
Wallington is established by this chapter. The Borough shall make
the actual appointment of the MHL by means of a resolution.
(1)
The MHL must be either a full-time or part-time employee of Wallington.
(2)
The person appointed as the MHL must be reported to the Court and
thereafter posted on the Borough's website.
(3)
The MHL must meet all the requirements for qualifications, including
initial and periodic training, if such training is made available
by COAH or the DCA.
(4)
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Borough
of Wallington, including the following responsibilities which may
not be contracted out to the administrative agent, or the administrative
agent appointed by a specific developer:
(a)
Serving as the municipality's primary point of contact
for all inquiries from the state, affordable housing providers, administrative
agents and interested households;
(b)
The implementation of the affirmative marketing plan and affordability
controls;
(c)
When applicable, supervising any contracting administrative
agent;
(d)
Monitoring the status of all restricted units in the Borough's
Fair Share Plan;
(e)
Compiling, verifying and submitting annual reports as required;
(f)
Coordinating meetings with affordable housing providers and
administrative agents, as applicable; and
(g)
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing as offered
or approved by the Affordable Housing Professionals of New Jersey
(AHPNJ), if such continuing education opportunities are made available
by COAH or the DCA.
B.
Subject to the approval of the Court, the Borough of Wallington shall
designate one or more administrative agent(s) to administer and to
affirmatively market the affordable units constructed in the Borough
in accordance with UHAC and this chapter. An operating manual for
each affordable housing program shall be provided by the administrative
agent(s) to be adopted by resolution of the governing body and may
be subject to approval of the Court-appointed Special Master or the
Court. The operating manual(s) shall be available for public inspection
in the office of the Borough Clerk, in the office of the Municipal
Housing Liaison, and in the office(s) of the administrative agent(s).
The Municipal Housing Liaison shall supervise the work of the administrative
agent(s).
A.
An administrative agent may be either an independent entity serving
under contract to and reporting to the Borough or reporting to a specific
individual developer. The fees of the administrative agent shall be
paid by the owners of the affordable units for which the services
of the administrative agent are required. The Borough administrative
agent shall monitor and work with any individual administrative agents
appointed by individual developers. The administrative agent(s) 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,
5:80-16 and 5:80-18 thereof, which includes:
(1)
Affirmative marketing:
(a)
Conducting an outreach process to affirmatively market affordable
housing units in accordance with the affirmative marketing plan of
the Borough of Wallington 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 Appendices
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;
(f)
Employing a random selection process as provided in the affirmative
marketing plan of the Borough of Wallington when referring households
for certification to affordable units; and
(g)
Notifying the following entities of the availability of affordable
housing units in the Borough of Wallington: Fair Share Housing Center,
the New Jersey State Conference of the NAACP, the Latino Action Network,
the Bergen County Branch of the NAACP, Senior Citizens United Community
Services (S.C.U.C.S.), and the Supportive Housing Association.
(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 Bergen
County Register of Deeds or Bergen 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)
Resales and rerentals:
(a)
Instituting and maintaining an effective means of communicating
information between owners and the Borough's administrative agent,
or any administrative agent appointed by a specific developer, regarding
the availability of restricted units for resale or rerental; and
(b)
Instituting and maintaining an effective means of communicating
information to low- (or very-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 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 chapter;
(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 depreciated cost of central air-conditioning
systems;
(c)
Notifying the municipality of an owner's intent to sell
a restricted unit; and
(d)
Making determinations on requests by owners of restricted units
for hardship waivers.
(6)
Enforcement:
(a)
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;
(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 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
Borough's administrative agent, or any administrative agent appointed
by a specific developer;
(c)
Posting annually, in all rental properties (including two-family
homes), a notice as to the maximum permitted rent together with the
telephone number of the Borough's administrative agent, or any
administrative agent appointed by a specific developer, where complaints
of excess rent or other charges 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 Borough's Affordable Housing Trust Fund; and
(f)
Creating and publishing a written operating manual for each
affordable housing program administered by the Borough's administrative
agent, or any administrative agent appointed by a specific developer,
to be approved by the Borough Council and the Court, setting forth
procedures for administering the affordability controls.
(7)
Additional responsibilities:
(a)
The Borough's administrative agent shall have the authority
to take all actions necessary and appropriate to carry out its responsibilities
hereunder.
(b)
The Borough's administrative agent shall prepare monitoring
reports for submission to the Municipal Housing Liaison in time to
meet the Court-approved monitoring and reporting requirements in accordance
with the deadlines set forth in this chapter. The Borough's administrative
agent will be responsible for collecting monitoring information from
any administrative agents appointed by specific developers.
(c)
The Borough's administrative agent, or any administrative
agent appointed by a specific developer, shall attend continuing education
sessions on affordability controls, compliance monitoring, and affirmative
marketing at least annually and more often as needed.
A.
Purpose.
(1)
In Holmdel Builder's Assn's v. Holmdel Borough, 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) adoption of rules.
(2)
Pursuant to P.L. 2008, c. 46, Section 8 (N.J.S.A. 52:27D-329.2) and
the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1
through 40:55D-8.7), COAH is authorized to adopt and promulgate regulations
necessary for the establishment, implementation, review, monitoring
and enforcement of municipal affordable housing trust funds and corresponding
spending plans. Municipalities that are under the jurisdiction of
the Council or court of competent jurisdiction and have a COAH-approved
spending plan may retain fees collected from nonresidential development.
(3)
The purpose of this section is to establish standards for the collection,
maintenance and expenditure of development fees pursuant to COAH's
rules and in accordance with P.L. 2008, c. 46, Sections 8 and 32-38.
Fees collected pursuant to this section shall be used for the sole
purpose of providing low- and moderate-income housing. This section
shall be interpreted within the framework of COAH's rules on
development fees, codified at N.J.A.C. 5:97-8.
B.
Basic requirements.
(1)
The ability to impose, collect and spend development fees is consistent
with the settlement terms and conditions entered into between the
Borough of Wallington's and FSHC and judgement of compliance
and repose granted by the Court.
(2)
The Borough of Wallington shall not spend development fees until
the Court has approved a plan for spending such fees in conformance
with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.
(3)
This section shall not be effective until the Court has approved,
and the Borough has adopted, the section pursuant to N.J.A.C. 5:96-5.1.
C.
AFFORDABLE HOUSING DEVELOPMENT
COAH or THE COUNCIL
DEVELOPER
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
Definitions. The following terms, as used in this section, shall
have the following meanings:
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.
The New Jersey Council on Affordable Housing established
under the Act which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the State.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with Sections 1,
5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
Those strategies that minimize the impact of development
on the environment, and enhance the health, safety and well-being
of residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
D.
Residential development.
(1)
In accordance with N.J.A.C. 5:97-8.3(c) of COAH's "Substantive Rules," all new development of principal and accessory residential buildings within the Borough of Wallington, not exempt from the collection of development fees in accordance with the provisions specified in § 153-8D(3) of this chapter hereinbelow, shall pay a fee to Wallington Borough equal to 1.5% of the equalized assessed value of the residential construction, provided no increased density is permitted.
(2)
Notwithstanding the provisions of subsection § 153-8D(1) hereinabove, if a "d" variance is granted pursuant to N.J.S.A. 40:55D-70d(5) for more residential units than otherwise permitted by right under the existing zoning, then the additional residential units realized as a result of the "d" variance approval shall pay a bonus development fee to Wallington Borough equal to 6.0% of the equalized assessed value of the residential development, rather than the 1.5% development fee otherwise required for the residential units permitted by right.
(a)
However, if the zoning of a site has changed during the immediate
two years prior to the filing of the "d" variance application, then
the base density for the purposes of calculating the bonus development
fee shall be the highest density permitted by right during the two-year
time period.
(3)
Eligible exactions, ineligible exactions and exemptions for residential
development.
(a)
All affordable housing developments and developments where the
developer has made a payment in lieu of constructing affordable units
shall be exempt from paying development fees. All other forms of new
construction shall be subject to development fees.
(b)
Developments that have received preliminary or final site plan
approval prior to October 1, 1996, shall be exempt from development
fees, unless the developer seeks a substantial change in the approval.
Where a site plan approval does not apply, a zoning and/or construction
permit shall be synonymous with preliminary or final site plan approval
for this purpose. The fee percentage shall be vested on the date that
building permits are issued.
(c)
In addition to the construction of new principal and/or accessory
buildings, development fees shall be imposed and collected for the
construction of additions or expansions to existing buildings, for
the change or conversion of an existing building to accommodate a
more intense use, and/or for the demolition and replacement of an
existing building, provided that:
[1]
The development fee shall be calculated on the increase in the
equalized assessed value of the improved building.
[2]
No development fee shall be collected for a demolition and replacement
of a residential building resulting from a natural disaster.
[3]
No development fee shall be collected for the construction of
an "accessory structure" which is not a "building" as these terms
are defined in the Wallington Borough Land Development Ordinance.
E.
Nonresidential development.
(1)
All new nonresidential development within the Borough of Wallington, not exempt from the collection of development fees in accordance with the provisions specified in Subsection E(3) of this section hereinbelow, shall pay a fee to Wallington Borough equal to 2.5% of the equalized assessed value of the land and improvements for all new nonresidential construction on an unimproved lot(s) or equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.
(2)
Development fees also shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the preexisting land and improvement and the equalized assessed
value of the newly improved structure, i.e., land and improvement,
at the time final certificate of occupancy is issued. If the calculation
required under this section results in a negative number, the nonresidential
development fee shall be zero.
(3)
Eligible exactions, ineligible exactions and exemptions for nonresidential
development.
(a)
The nonresidential portion of a mixed-use inclusionary or market-rate
development shall be subject to the 2.5% development fee, unless otherwise
exempted below.
(b)
The 2.5% fee shall not apply to an increase in equalized assessed
value resulting from alterations, change in use within existing footprint,
reconstruction, renovations and repairs.
(c)
Nonresidential projects that have received a certificate of
occupancy or general development plan approval or have entered into
a developer's agreement or a redevelopment agreement, all prior
to July 17, 2008 (the effective date of P.L. 2008, c.46), shall be
exempt from the payment of nonresidential development fees, provided
that an affordable housing fee of at least 1% of the equalized assessed
value of the improvements is included in the development plan, developer's
agreement or redevelopment agreement.
(d)
Nonresidential developments shall be exempt from the payment
of nonresidential development fees in accordance with the exemptions
required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF
"State of New Jersey Non-Residential Development Certification/Exemption"
Form and listed below. Any exemption claimed by a developer shall
be substantiated by that developer.
(e)
All nonresidential construction of buildings or structures on
property used by houses of worship, and property used for educational
purposes which is tax-exempt pursuant to N.J.S.A. 54:4-3.6, provided
that the property continues to maintain its tax-exempt status under
that statute for a period of at least three years from the date of
the certificate of occupancy.
(f)
In addition, the following shall be exempt from the imposition
of a nonresidential fee:
[1]
Parking lots and parking structures, regardless of whether the
parking lot or parking structure is constructed in conjunction with
a nonresidential development or as a stand-alone nonresidential development;
[2]
Any nonresidential development which is an amenity to be made
available to the public, including, but not limited to, recreational
facilities, community centers and senior centers as defined in Section
35 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.4), which are developed
in conjunction with or funded by a nonresidential developer;
[3]
Nonresidential construction resulting from a relocation of or
an on-site improvement to a nonprofit hospital or a nursing home facility;
[4]
Projects that are located within a specifically delineated urban
transit hub, as defined pursuant to Section 2 of P.L. 2007, c. 346
(N.J.S.A. 34:1B-208);
[5]
Projects that are located within an eligible municipality, as
defined under Section 2 of P.L. 2007, c. 346 (N.J.S.A. 34:1B-208),
when a majority of the project is located within a 1/2 mile radius
of the midpoint of a platform area for a light rail system;
[6]
Projects determined by the New Jersey Transit Corporation to
be consistent with a transit village plan developed by a transit village
designated by the New Jersey State Department of Transportation; and
[7]
Commercial farms and Use Group "U" buildings and structures.
(g)
A developer of a nonresidential development exempted from the
nonresidential development fee above shall be subject to it at such
time the basis for the exemption set forth in this subsection no longer
applies, and shall make the payment of the nonresidential development
fee, in that event, within three years after that event or after the
issuance of the final certificate of occupancy of the nonresidential
development, whichever is later.
(h)
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid nonresidential development fees under these circumstances
may be enforceable by the Borough of Wallington as a lien against
the real property of the owner.
F.
Collection of fees.
(1)
Wallington Borough shall collect development fees for affordable
housing in accordance with the following:
(a)
The Planning Board Secretary of Wallington Borough shall notify
the Wallington Borough Construction Code Official whenever either
a preliminary or final approval is granted to any development which
is subject to the collection of a development fee.
(b)
For nonresidential developments only, the developer shall also
be provided with a copy of Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption," which is to be completed by
the developer as per the instructions provided.
[1]
The Borough Construction Official shall verify the information
submitted by the nonresidential developer as per the instructions
provided in the Form N-RDF.
[2]
The Borough Tax Assessor shall verify exemptions and prepare
estimated and final assessments as per the instructions provided in
Form N-RDF.
(c)
Borough Construction Official responsible for the issuance of
a building permit shall notify the Borough Tax Assessor of the issuance
of the first building permit for a development which is subject to
a development fee.
(d)
Within 90 days of receipt of that notice, the Borough Tax Assessor,
based on the plans filed, shall provide an estimate of the equalized
assessed value of the development. The equalized assessed value and
the required development fee shall be estimated by the Borough Tax
Assessor prior to the issuance of the construction permit, with the
understanding that the estimate of the equalized assessed value is
not intended to establish the equalized assessed value for tax purposes.
(2)
Developers shall pay 50% of the required development fee to Wallington
Borough at the time of the issuance of the construction permit.
(3)
Developers shall pay the remainder of the development fee to Wallington
Borough at the time of the issuance of a certificate of occupancy.
(4)
The Borough Construction Official responsible for the issuance of
a final certificate of occupancy notifies the Borough Tax Assessor
of any and all requests for the scheduling of a final inspection on
property which is subject to a development fee.
(5)
Within 10 business days of a request for the scheduling of a final
inspection, the Borough Tax Assessor shall confirm or modify the previously
estimated equalized assessed value of the improvements of the development;
calculate the development fee; and thereafter notify the developer
of the amount of the fee.
(6)
The equalized assessed value and the required development fee shall
be reestimated by the Borough Tax Assessor prior to the issuance of
the certificate of occupancy, again with the understanding that the
estimate of the equalized assessed value is not intended to establish
the equalized assessed value for tax purposes. The developer shall
be responsible for paying the difference between the development fee
calculated at the time of the issuance of the certificate of occupancy
and the amount paid at the time of the issuance of the construction
permit.
(7)
Should the Borough fail to determine or notify the developer of the
amount of the development fee within 10 business days of the request
for final inspection, the developer may estimate the amount due and
pay that estimated amount consistent with the dispute process set
forth in Subsection b of Section 37 of P.L. 2008, c. 46 (N.J.S.A.
40:55D-8.6).
(8)
Upon tender of the remaining development fee, provided the developer
is in full compliance with all other applicable laws, the Borough
shall issue a final certificate of occupancy for the subject property.
(a)
Regardless of the time of collection of the development fee,
the fee shall be based upon the percentage that applies on the date
that the construction permit is issued.
(b)
The Construction Code Official shall forward all collected development
fees to Wallington Borough's Chief Financial Officer who shall
deposit such fees into the established Housing Trust Fund.
(9)
A developer may challenge the development fees imposed by filing
a challenge with the Director of the Division of Taxation for nonresidential
development and with the County Board of Taxation for residential
development.
(a)
Pending a review and determination by the Director or Board,
as the case may be, which shall be made within 45 days of receipt
of the challenge, collected fees shall be placed in an interest-bearing
escrow account by the Borough.
(b)
Appeals from a determination of the Director or Board, as the
case may be, may be made to the Tax Court in accordance with the provisions
of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq.,
within 90 days after the date of such determination.
(c)
Accrued interest earned on escrowed amounts to be returned shall
also be returned to the developer.
G.
Affordable Housing Trust Fund.
(1)
All collected development fees and any proceeds from the sale of
units with extinguished controls shall be deposited by the Chief Financial
Officer of the Borough of Wallington into a separate designated interest-bearing
Housing Trust Fund, which shall be maintained by the Borough Chief
Financial Officer.
(2)
No money shall be expended from the Housing Trust Fund unless the
expenditure conforms to the spending plan which has been approved
by the Court pursuant to the settlement agreement and Court order;
and
(3)
In establishing the Housing Trust Fund, the Borough Council shall
provide COAH, the Court or successor agency, whichever shall have
jurisdiction, with written authorization in the form of a three-party
escrow agreement between the Borough, COAH and the bank in order to
permit COAH to direct the disbursement of development fee funds as
provided in N.J.A.C. 5:97-8.13(b) of the "Substantive Rules" of COAH.
This authorization shall be submitted to COAH within seven days from
the opening of the Housing Trust Fund.
(4)
Additionally, the following sources of funding shall be deposited
in the Housing Trust Fund and shall at all times be identifiable by
source and amount:
(a)
Recapture funds;
(b)
Proceeds from the sale of affordable units;
(c)
Rental income from municipally operated units;
(d)
Payments in lieu of on-site construction of affordable units;
(e)
Affordable housing enforcement fines and application fees;
(f)
Developer contributed funds for barrier free affordable housing
pursuant to N.J.A.C. 5:97-8.5;
(g)
Repayments from affordable housing program loans; and
(h)
Any other funds collected in connection with the Borough's
affordable housing program.
(5)
All interest accrued in the Housing Trust Fund shall only be used
on eligible affordable housing activities approved by COAH.
H.
Use of funds.
(1)
Funds deposited in the Housing Trust Fund may be used for any housing
activity as itemized in the spending plan and approved by COAH to
address the Borough's fair share obligation and may be set up
as a grant or revolving loan program. Such activities include, but
are not limited to:
(a)
A rehabilitation program;
(b)
New construction of affordable housing units and related development
costs; in the case of inclusionary developments, eligible costs shall
be prorated based on the proportion of affordable housing units included
in the development;
(c)
Accessory apartment, market to affordable, or regional affordable
housing partnership programs;
(d)
Financial assistance designed to increase affordability;
(e)
Conversion of existing nonresidential buildings to create new
affordable units;
(f)
Acquisition and/or improvement of land to be used for affordable
housing;
(g)
Purchase of existing market-rate or affordable housing for the
purpose of maintaining or implementing affordability controls, such
as in the event of a foreclosure;
(h)
Extensions or improvements of roads and infrastructure directly
serving affordable housing sites; in the case of inclusionary developments,
costs shall be prorated based on the proportion of affordable housing
units included in the development;
(i)
Green building strategies designed to be cost-saving for low-
and moderate-income households, either for new construction that is
not funded by other sources, or as part of necessary maintenance or
repair of existing units, in accordance with accepted federal or state
standards or such guidance as may be provided by the New Jersey State
Department of Community Affairs or the New Jersey Housing and Mortgage
Finance Agency;
(j)
Maintenance and repair of affordable housing units;
(k)
Repayment of municipal bonds issued to finance low- and moderate-income
housing activity;
(l)
To defray the costs of structural parking; in the case of inclusionary
developments, eligible costs shall be prorated based on the proportion
of affordable housing units included in the development;
(m)
Administration necessary for implementation of the Housing Plan Element and Fair Share Plan, in accordance with Subsection H(7) below; and
(n)
Any other activity as specified in the approved spending plan
and as permitted pursuant to N.J.A.C. 5:97-8.7 through 5:97-8.9.
(2)
The Borough also may request authorization for expenditure of Housing
Trust Funds on emergent affordable housing mechanisms not included
in the Borough's Fair Share Plan in the form of an amendment
to the spending plan. In addition to the amendment to the spending
plan, the Borough shall submit the following:
(a)
A resolution to COAH that includes a certification that the
affordable housing opportunity addresses COAH's criteria set
forth in N.J.A.C. 5:97-6 and information regarding the proposed mechanism
in a format to be provided by COAH; and
(b)
An amendment to its Fair Share Plan to include the mechanism
at the earlier of two years after COAH's approval of the spending
plan amendment or the next planned amendment to the Fair Share Plan
resulting from the plan evaluation review pursuant to N.J.A.C. 5:96-10.
(3)
Funds shall not be expended to reimburse the Borough of Wallington
for past housing activities.
(4)
Payments in lieu of constructing affordable housing units on residential
and mixed-use sites shall only be used to fund eligible affordable
housing activities within the Borough.
(5)
At least 30% of all development fees collected and interest earned
shall be devoted to provide affordability assistance to low- and moderate-income
households in affordable units included in the Housing Element and
Fair Share Plan, provided and in accordance with the following:
(a)
One-third of the affordability assistance portion of development
fees collected shall be used to provide affordability assistance to
very-low-income households.
(b)
Affordability assistance programs may include down payment assistance,
security, deposit assistance, low-interest loans, rental assistance,
assistance with homeowners' association or condominium fees and
special assessments, and assistance with emergency repairs.
(c)
Affordability assistance for very-low-income households may
include buying down the cost of low- or moderate-income units in the
third round Borough's Fair Share Plan to make them affordable
to very-low-income households (earning 30% or less of median income).
The use of development fees in this manner may entitle the Borough
to bonus credits pursuant to N.J.A.C. 5:97-3.7.
(d)
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.
(6)
The Borough of Wallington may contract with a private or public entity
to administer any part of its Housing Plan Element and Fair Share
Plan, including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:96-18, subject to COAH's approval.
(7)
No more than 20% of development fee revenues collected in any given
year from the development fees may be expended on administration,
including, but not limited to, the salaries and benefits for Wallington
Borough employees or consultant fees necessary to develop or implement
a new affordable housing program, a Housing Element and Fair Share
Plan, and/or an affirmative marketing program.
(a)
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.
(b)
Administrative funds may be used for income qualification of
households, monitoring the turnover of sale and rental units, preserving
existing affordable housing, and compliance with COAH's monitoring
requirements.
(c)
Legal or other fees related to litigation opposing affordable
housing sites or objecting to COAH's regulations and/or action
are not eligible uses of the Housing Trust Fund.
I.
Monitoring. The Wallington Borough Municipal Housing Liaison shall
coordinate with the appropriate municipal officials the completion
and return to COAH of 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, funds from the sale of units with extinguished
controls, barrier free escrow funds, recapture funds, proceeds from
the sale of affordable units, rental income, repayments from affordable
housing program loans, enforcement fines and application fees, and
any other funds collected in connection with the Borough's housing
program, and the expenditure of revenues and implementation of the
plan certified by COAH.
(1)
At minimum, the monitoring shall include an accounting of any Housing
Trust Fund activity, identifying the source and amount of funds collected,
the amount and purpose for which any funds have been expended, and
the status of the spending plan regarding the remaining balance pursuant
to N.J.A.C. 5:97-8.10(a)8.
(2)
All monitoring reports shall be completed on forms designed by COAH.
J.
Ongoing collection of development fees and expiration of section.
(1)
The ability for the Borough of Wallington to impose, collect and
expend development fees shall expire with its judgment of compliance
and repose unless Wallington Borough has filed an adopted Housing
Element and Fair Share Plan with COAH or its equivalent or through
the courts, has petitioned for substantive certification, and has
received approval of its Development Fee Ordinance.
(2)
If the Borough of Wallington fails to renew its ability to impose
and collect development fees prior to the date of expiration of substantive
certification, it may be subject to forfeiture of any or all funds
remaining within its municipal trust fund.
(a)
Any funds so forfeited shall be deposited into the New Jersey
Affordable Housing Trust Fund established pursuant to Section 20 of
P.L. 1985, c. 222 (N.J.S.A. 52:27D-320).
(b)
The Borough of Wallington shall not impose a residential development
fee on a development that receives preliminary or final site plan
approval after the expiration of its substantive certification, nor
shall the Borough of Wallington retroactively impose a development
fee on such a development.
(c)
The Borough of Wallington shall not expend development fees
after the expiration of its substantive certification or judgment
of compliance.
The Borough of Wallington has determined that it will use the
following mechanisms to satisfy its affordable housing obligations,
as follows:
A.
Rehabilitation program.
(1)
Wallington Borough'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.
(2)
Both, owner-occupied and renter-occupied units shall be eligible
for rehabilitation funds.
(3)
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.
(4)
The Borough of Wallington shall dedicate a minimum of $10,000 for
each unit to be rehabilitated through this program, reflecting the
minimum hard cost of rehabilitation for each unit.
(5)
The Borough of Wallington shall adopt a resolution committing to
fund any shortfall in the rehabilitation programs for Wallington Borough.
(6)
The Borough of Wallington shall designate, subject to the approval
of the Court pursuant to the Court order, one or more administrative
agents to administer the rehabilitation program in accordance with
N.J.A.C. 5:96 and 5:97. The administrative agent(s) shall provide
a rehabilitation manual for the owner-occupancy rehabilitation program
and a rehabilitation manual for the rental-occupancy rehabilitation
program to be adopted by resolution of the governing body and subject
to approval of the Court. Both rehabilitation manuals shall be available
for public inspection in the office of the Municipal Clerk and in
the office(s) of the administrative agent(s).
(7)
Units in a rehabilitation program shall be exempt from N.J.A.C. 5:97-9
and Uniform Housing Affordability Controls (UHAC), but shall be administered
in accordance with the following:
(a)
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 N.J.A.C. 5:97-9 and UHAC.
(b)
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 N.J.A.C. 5:97-9 and UHAC.
(c)
Rents in rehabilitated units may increase annually based on
the standards in N.J.A.C. 5:97-9.
(d)
Applicant and/or tenant households shall be certified as income-eligible
in accordance with N.J.A.C. 5:97-9 and UHAC, except that households
in owner-occupied units shall be exempt from the regional asset limit.
B.
Supportive and special needs housing. All supportive and special
needs housing, including group homes, shall conform to the provisions
of N.J.A.C. 5:97-6.10.
C.
Municipally sponsored affordable developments. All municipally sponsored
affordable housing, including group homes, shall conform to the provisions
of N.J.A.C. 5:97-6.7, and all units shall comply with N.J.A.C. 5:97-9
and UHAC.
A.
Wallington Borough shall adopt by resolution an affirmative marketing
plan, subject to approval of Court, compliant with N.J.A.C. 5:80-26.15,
as may be amended and supplemented.
B.
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 affordable housing units which are being
marketed by a developer, sponsor or owner of affordable housing. The
affirmative marketing plan also 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 all marketing
activities toward COAH Housing Region 1 and covers the period of deed
restriction.
C.
The affirmative marketing plan shall provide a regional preference
for all households that live and/or work in COAH Housing Region 1
comprised of Bergen, Hudson, Passaic and Sussex Counties.
D.
The administrative agent designated by the Borough of Wallington
shall assure the affirmative marketing of all affordable units consistent
with the affirmative marketing plan for the municipality.
E.
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.
The affirmative marketing process for available affordable units
shall begin at least four months prior to the expected date of occupancy.
G.
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner,
unless otherwise determined or agreed to by Wallington Borough.
A.
Purpose. This chapter is intended to ensure that any site that benefits
from a rezoning, variance or redevelopment plan approved by the Borough
or Land Use Board that results in multifamily residential development
of five dwelling units or more at a density that exceeds six dwelling
units per acre produces affordable housing at a set-aside rate of
20% for affordable for-sale units and at a set-aside rate of 15% for
affordable rental units. This chapter shall apply except where inconsistent
with applicable law.
B.
Mandatory set-aside requirement.
(1)
If the Borough or the Borough Planning Board permits the construction
of multifamily or single-family attached residential development that
is "approvable" and "developable," as defined at N.J.A.C. 5:93-1.3,
the Borough or the Borough's Land Use Board shall require that
an appropriate percentage of the residential units be set aside for
low- and moderate-income households.
(2)
This requirement shall apply beginning with the effective date of
this chapter to any multifamily or single-family attached residential
development, including the residential portion of a mixed-use project,
which consists of five or more new residential units at a density
of six dwelling units or more per acre, whether permitted by a zoning
amendment, a use variance granted by the Borough's Planning Board
acting as a Board of Adjustment, or adoption of a redevelopment plan
or amended redevelopment plan in areas in need of redevelopment or
rehabilitation.
(3)
For any such development for which the Borough's land use ordinances
already permitted residential development as of the effective date
of this chapter, this requirement shall only apply if the Borough
permits an increase in approvable and developable gross residential
density to at least twice the permitted approvable and developable
gross residential density as of the effective date of this chapter.
(4)
Nothing in this section precludes the Borough or the Borough's
Planning Board from imposing an affordable housing set-aside in a
development not required to have a set- aside pursuant to this section
consistent with N.J.S.A. 52:27D-311(h) and other applicable law.
(5)
For inclusionary projects in which the low and moderate units are
to be offered for sale, the appropriate set-aside percentage is 20%;
for projects in which the low- and moderate-income units are to be
offered for rent, the appropriate set-aside percentage is 15%. Where
the set-aside percentage results in a fractional unit, the total set-aside
requirement shall be rounded upwards to the next whole number.
(6)
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.
(7)
This requirement does not apply to any sites or specific zones otherwise
identified in the FSHC Settlement Agreement or the Borough's
Fair Share Plan, for which density and set-aside standards shall be
governed by the specific standards set forth therein.
(8)
Furthermore, this requirement shall not apply to developments containing
four or less dwelling units.
(9)
Where a developer demolishes existing dwelling units and builds new
dwelling units on the same site, the provisions of this section shall
apply only if the net number of dwelling units is five or more.
(10)
All subdivision and site plan approvals of qualifying residential
developments shall be conditioned upon compliance with the provisions
of this section.
(11)
All affordable units to be produced pursuant to this section
the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1
et seq.), as may be amended from time to time.
A.
Upon the occurrence of a breach of any of the regulations governing
an affordable unit by an owner, developer or tenant, the municipality
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, recoupment
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.
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)
The municipality may file a Court action 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
Court:
(a)
A fine of not more than $2,000 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)
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 Borough of Wallington Affordable Housing Trust
Fund of the gross amount of rent illegally collected;
(c)
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 Court.
(2)
The municipality 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)
The judgment shall be enforceable, at the option of the municipality,
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)
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 municipality 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 municipality 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 municipality 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 municipality,
whether such balance shall be paid to the owner or forfeited to the
municipality.
(c)
Foreclosure by the municipality 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)
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 municipality 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)
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)
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.
Appeals from all decisions of an administrative agent appointed
pursuant to this chapter shall be filed, in writing, with the Superior
Court or other agency as provided for by law.
The Municipal Council of the Borough of Wallington does hereby
find and declare that:
A.
The occupants of numerous residential, commercial and industrial
establishments in the Borough of Wallington have found it desirable
to make provision for the installation upon their premises, at their
own cost and expense, of alarm systems for emergencies, such as burglary,
intrusion, fire, smoke, flood and like perils.
B.
The public interest, therefore, requires the enactment of rules,
regulations, standards and procedures to regulate and control the
private alarm business in the Borough of Wallington to the end that:
(1)
The municipal departments and agencies charged with the protection
of public safety may efficiently and economically coordinate their
functions with the various alarm systems to which the public of the
Borough of Wallington may subscribe.
(2)
The quality of the alarm services rendered to the public may be improved
and maintained at a high level.
The purpose of this chapter is to provide standards and regulations
for various types of intrusion, security and fire emergency alarm
devices that activate an alarm which requires a response thereto by
the Borough of Wallington Police Department or Fire Department.
The provisions of this chapter shall apply to any person who
operates, maintains or owns any alarm device designed to summon police
or fire personnel to any location in response to an alarm.
As used in this chapter, the following terms shall have the
meanings indicated:
Any type of equipment providing warning of intrusion, fire
or other danger by way of audible signal or other means.
Any alarm activated by inadvertence, negligence, unintentional
or intentional act of someone other than an intruder or by fire, including,
but not limited to, alarms caused by malfunctioning of the alarm device,
but shall not include alarms caused by an activity by a public utility.
Includes any natural person, partnership, corporation or
association.
Two-family houses or less or multiple-dwelling units without
commercial space containing four or less units.
A.
All alarm devices in the Borough of Wallington must be registered
with the Borough of Wallington within 30 days. Any person, firm or
corporation who or which owns or operates any alarm device to guard
against intrusion or fire, but excluding self-contained smoke detectors
with an indoor audible signal, shall provide, as part of the initial
registration, in writing, to the Chief of Police, the location of
the device, the name and address of the installer and monitor of the
device, provisions relating to false alarms and testing procedures,
a list of at least two persons, with their names, addresses and telephone
numbers, to be contacted in the event of an alarm, false alarm or
emergency, and other information as may be required by the Chief of
Police, and shall update all information provided to the Chief of
Police upon any change of information. All partnerships, corporations
or other organizations shall designate an individual who shall be
responsible for compliance with the provisions of this chapter.
B.
Upon each change of ownership of any residential, nonresidential
building or structure, a new registration form must be submitted to
the Borough of Wallington Police Department within 72 hours of the
change.
C.
Upon each change in the entity that is responsible for the monitoring
of any alarm device, a new registration form must be submitted to
the Borough of Wallington Police Department within 72 hours of the
change.
A.
Commencing July 1, 2020, there shall be a registration fee of $250
for any new alarm device installed in any nonresidential building
or structure. There will be a new registration required and an additional
registration fee of $250 due upon any change in ownership of any nonresidential
building or structure or upon any change in the alarm device, including
any change in the entity that monitors the device.
B.
There shall be no registration fee for alarm devices installed at
residential dwelling units.
C.
Any person, firm or corporation that fails to register an alarm device
within 30 days of its installation shall be subject to a fine of up
to $1,000 upon conviction.
D.
Any person, firm or corporation that fails to update the registration
information of an alarm device within 72 hours of any change in ownership
of the alarm device or upon any change in the entity that monitors
the device shall be subject to a fine of up to $250 upon conviction.
The Borough Administrator may promulgate written rules and regulations
supplementing this chapter in order to provide for accurate recordkeeping
and efficient management.
A.
Alarm devices having an external audible alarm, or any alarm installed
out of doors, shall be designed (and shall contain the necessary device
and equipment) to limit the operation of a bell or sound-producing
instrument to a maximum of 15 minutes after activation. If any local
alarm having an external alarm or alarm installed outdoors has been
activated and continues to produce a continuous audible sound, alarm
or ringing for more than the 15 minutes, the owner, person or entity
responsible for the alarm device of a nonresidential property shall
be subject to a fine of up to $1,250, upon conviction.
B.
In addition to the above, if any local alarm having an external alarm
or alarm installed outdoors has been activated and continues to produce
a continuous audible sound, alarm or ringing for more than the 15
minutes herein-above-stated, the Wallington Police Department shall
notify the responsible party named in the application for the registration
of the same. If the responsible party refuses or neglects to take
the necessary action to stop the audible sound, alarm or ringing within
15 minutes after being so notified by the Police Department, the owner,
person or entity responsible for the alarm device shall be subject
to a fine of not less than $95 nor more than up to $1,250, upon conviction.
C.
In the case of a false alarm, the Wallington Police Department shall
cause an investigation to be made and keep a record of said false
alarm on file. For the first false alarm in any given calendar year,
a warning shall be issued. For the second false alarm in the same
calendar year, the owner, person or entity responsible for the alarm
device shall be subject to a fine of $100, upon conviction. For the
third false alarm in the same calendar year, the owner, person or
entity responsible for the alarm device shall be subject to a fine
of $250. For the fourth and subsequent false alarm in the same calendar
year, the owner, person or entity responsible for the alarm device
shall be subject to a fine of $500.
D.
The owner, person or entity responsible for the alarm device on any
nonresidential property shall submit a report to the Wallington Police
Department indicating the reasons for the false alarm and any responsive
action taken. Failure to submit such a report shall result in a $100
fine.
E.
If a response by the Wallington Police Department or Wallington Fire
Department is caused by any alarm device that is not registered with
the Borough of Wallington Police Department, the owner, person or
entity responsible for the alarm device shall be subject to a fine
of double the prescribed fine for the violation based upon the number
of offenses.
F.
The Wallington Police Department may order immediate temporary disconnection
of any alarm which has caused three or more false alarms in the calendar
year.
