[HISTORY: Adopted by the Township Committee of the Township of Carneys Point 9-12-2001 by Ord. No. 702. Amendments noted where applicable.]
This chapter of the Township of Carneys Point Code sets forth regulations regarding low- and moderate-income housing units in the Township of Carneys Point that are consistent with the provisions of N.J.A.C. 5:93 et seq. effective on June 6, 1994. These rules are pursuant to the Fair Housing Act of 1985 and Carneys Point's constitutional obligation to provide for its fair share of low- and moderate-income housing.
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
Carneys Point's new construction or inclusionary component will be divided equally between low- and moderate-income households as per N.J.A.C. 5:93-2.20.
Except for inclusionary developments constructed pursuant to low-income tax credit regulations:
At least half of all units within each inclusionary development will be affordable to low-income households;
At least half of all rental units will be affordable to low-income households; and
At least one-third of all units in each bedroom distribution pursuant to N.J.A.C. 5:93-7.3 will be affordable to low-income households.
In conjunction with realistic market information, the following criteria will be used in determining maximum rents and sale prices:
Efficiency units will be affordable to one-person households;
One-bedroom units will be affordable to one-and-five-tenths-person households;
Two-bedroom units will be affordable to three-person households;
Three bedroom units will be affordable to four-and-five-tenths-person households;
Median income by household size will be established by a regional weighted average of the uncapped Section 8 income limits published by HUD as per N.J.A.C. 5:93-7.4(b);
The maximum average rent and price of low- and moderate-income units within each inclusionary development will be affordable to households earning 57.5% of median income;
For both owner-occupied and rental units, the low- and moderate-income units will utilize the same heating source as market units within an inclusionary development;
Low-income units will be reserved for households with a gross household income less than or equal to 50% of the median income approved by COAH and moderate-income units will be reserved for households with a gross household income less than 80% of the median income approved by COAH as per N.J.A.C. 5:93-9.16; and
The regulations outlined in N.J.A.C. 5:93-9.15 and 9.16 will be applicable for purchased and rental units.
For rental units, developers and/or municipal sponsors may:
Establish one rent for a low-income unit and one for a moderate-income unit for each bedroom distribution; and
Gross rents, including an allowance for tenant-paid utilities, will be established so as not to exceed 30% of the gross monthly income of the appropriate household size as per N.J.A.C. 5:93-7.4(a). The tenant-paid utility allowance will be consistent with the utility allowance approved by HUD for use in New Jersey.
For sale units:
The initial price of a low- and moderate-income owner-occupied single-family housing unit will be established so that after a downpayment of 5%, the monthly principal, interest, homeowner and private mortgage insurances, property taxes (based on the restricted value of the low-and moderate-income unit) and condominium or homeowner fee do not exceed 28% of the eligible gross monthly income;
The Township of Carneys Point will follow the general provisions concerning uniform deed restriction liens and enforcement through certificates of occupancy or reoccupancy on sale units as per N.J.A.C. 5:93-93;
The Township of Carneys Point will require a certificate of reoccupancy for any occupancy of a low- or moderate-income sales unit resulting from a resale as per N.J.A.C. 5:93-9.3(c);
Municipal, state, nonprofit and seller options regarding sale units will be consistent with N.J.A.C. 5:93-9.5 — 9.8. Municipal rejection of repayment options for sale units will be consistent with N.J.A.C. 5:93.9.9;
The continued application of options to create, rehabilitate or maintain low- and moderate-income sale units will be consistent with N.J.A.C. 5:93-9.10 and
Eligible capital improvements prior to the expiration of controls on sale units will be consistent with N.J.A.C. 5:93-9.11; and
The regulations detailed in N.J.A.C. 5:93-9.12 — 9.14 will be applicable to low- and moderate-income units that are for sale units.
To provide assurances that low- and moderate-income units are created with controls on affordability over time and that low- and moderate-income households occupy these units, the Township of Carneys Point will designate an administrative agency or municipal authority with the responsibility of ensuring the affordability of sales and rental units over time. The designated administrative agency or municipal authority will be responsible for those activities detailed in N.J.A.C. 5:93-9.1(a).
In addition, the designated administrative agency or municipal authority will be responsible for utilizing the verification and certification procedures outlined in N.J.A.C. 5:93-9.1(b) in placing households in low- and moderate-income units;
Newly constructed low- and moderate-income sales units will remain affordable to low- and moderate-income households for at least 30 years. The designated administrative agency or municipal authority will require all conveyances of newly constructed units to contain the deed restriction and mortgage lien adopted by COAH and referred to as Technical Appendix E as found in N.J.A.C. 5:93; and
Housing units created through the conversion of a nonresidential structure will be considered a new housing unit and will be subject to thirty-year controls on affordability. The designated administrative agency or municipal authority will require COAH's appropriate deed restriction and mortgage lien.
Regarding rental units:
Newly constructed low- and moderate-income rental units will remain affordable to low- and moderate-income households for at least 30 years. The designated administrative agency or municipal authority will require the deed restriction and lien and deed of easement referred to as Technical Appendix H as found in N.J.A.C. 5:93;
Affordability controls in accessory apartments will be for a period of at least 10 years, except if the apartment is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability will extend for 30 years; and
Alternative living arrangements will be controlled in a manner suitable to COAH, that provides assurances, that such a facility will house low- and moderate-income households for at least 10 years except if the alternative living arrangement is to receive the rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability will extend for 30 years.
Section 14(b) of the Fair Housing Act N.J.S.A. 52:27D-301 et seq., incorporates the need to eliminate unnecessary cost-generating features from the Township of Carneys Point's land use ordinances. Accordingly, the Township of Carneys Point will eliminate development standards that are not essential to protect the public welfare and to expedite or fast track municipal approvals/denials on inclusionary development applications. The Township of Carneys Point will adhere to the components of N.J.A.C. 5:93-10.1-10.3.
The Township of Carneys Point has a fair share obligation of 230 units of which 184 is new construction. This chapter will apply to all developments that contain proposed low and-moderate-income units that are listed below and any future developments that may occur:
The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by a developer/sponsor, municipality and/or designated administrative agency of affordable housing. The plan will address the requirements of N.J.A.C. 5:93-11. In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, handicap, age, financial status/size or national origin. The Township of Carneys Point is in the Southern Housing Region. The affirmative marketing program is a continuing program and will meet the following requirements.
All newspaper articles, announcements and requests for applications for low- and moderate-income units will appear in the following daily newspaper, Today's Sunbeam. (One major newspaper is sufficient as long as the combined outreach efforts attract sufficient applicants).
The primary marketing will take the form of at least one press release sent to the above publications and a paid display advertisement in each of the above newspapers. Additional advertising and publicity will be on an as-needed basis.
The advertisement will include a description of the:
All newspaper articles, announcements and requests for applications for low- and moderate-income housing will appear in selected neighborhood-oriented weekly newspapers, religious publications and organizational newsletters within the region.
Selected regional radio and/or cable television station(s) will also be used. The following is the location of applications, brochure(s), sign(s) and/or poster(s) used as part of the affirmative marketing program including specific employment centers within the region: municipal administrative building or municipal library
Quarterly flyers and applications will be sent to each of the following agencies for publication in their journals and for circulation among their members: Board of Realtors for Salem County.
Applications will be mailed to prospective applicants upon request.
Additionally, quarterly informational circulars and applications will be sent to the chief administrative employees of each of the following agencies in Salem County:
Administration of program.
Triad Associates will be the designated administrative agency to administer the affirmative marketing program. The designated administrative agency has the responsibility to income-qualify low- and moderate-income households; to place income-eligible households in low- and moderate-income units upon initial occupancy; to provide for the initial occupancy of low- and moderate-income units with income-qualified households; to continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls; to assist with advertising and outreach to low- and moderate-income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1. Township Clerk Jim Kates will be the municipal contact person designated as housing officer to act as liaison to the designated administrative agency.
Households who live or work in the COAH-established housing region may be given preference for sales and rental units constructed within that housing region. Applicants living outside the housing region will have an equal opportunity for units after regional applicants have been initially serviced. The Township of Carneys Point intends to comply with N.J.A.C. 5:93-11.7.
All developers of low- and moderate-income housing units will be required to assist in the marketing of the affordable units in their respective developments.
The marketing program will commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program will continue until all low- and moderate-income housing units are initially occupied and for as long as affordable units are deed restricted and occupancy or reoccupancy of units continues to be necessary.
The designated administrative agency will comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 5:93-12.1.
[Added 1-28-2004 by Ord. No. 741]
As used in this chapter, the following terms shall have the meanings indicated:
- The New Jersey Council on Affordable Housing.
- DEVELOPMENT FEES
- Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH's rules.
- EQUALIZED ASSESSED VALUE
- The value of a property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of issuance of a building permit may be obtained utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor.
- SUBSTANTIVE CERTIFICATION
- A determination by COAH approving a municipality's housing element and fair share plan in accordance with the provisions of the Fair Housing Act and the rules and criteria as set forth therein. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions therein.
[Added 3-4-2009 by Ord. No. 821]
Purpose. The purpose of this section is to create the administrative mechanisms needed for the execution of the Township of Carneys Point's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- ADMINISTRATIVE AGENT
- The entity responsible for administering the affordability controls of some or all units in the affordable housing program for the Township of Carneys Point to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.
- MUNICIPAL HOUSING LIAISON
- The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Township of Carneys Point.
Establishment of Municipal Housing Liaison position and compensation; powers and duties.
Establishment of position of Municipal Housing Liaison. There is hereby established the position of Municipal Housing Liaison for the Township of Carneys Point.
Subject to the approval of the Committee on Affordable Housing (COAH), the Municipal Housing Liaison shall be appointed by the governing body and may be a full- or part-time municipal employee.
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Township of Carneys Point, including the following responsibilities which may not be contracted out, exclusive of Subsection C(3)(f), which may be contracted out:
Serving as the Township of Carneys Point's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents, and interested households;
Monitoring the status of all restricted units the Township of Carneys Point Fair Share Plan;
Compiling, verifying, and submitting annual reports as required by COAH;
Coordinating meetings with affordable housing providers and administrative agents, as applicable;
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH;
Subject to approval by COAH, the Township of Carneys Point may contract with or authorize a consultant, authority, government or any agency charged by the governing body, which entity shall have the responsibility of administering the affordable housing program of the Township of Carneys Point, except for those responsibilities which may not be contracted out pursuant to Subsection C(3) above. If the Township of Carneys Point contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and affirmative marketing plan, the Municipal Housing Liaison shall supervise the contracting administrative agent.
Compensation. Compensation shall be fixed by the governing body at the time of the appointment of the Municipal Housing Liaison.
Administrative powers and duties assigned to the Municipal Housing Liaison.
Conducting an outreach process to insure affirmative marketing of affordable housing units in accordance with the affirmative marketing plan of the Township of Carneys Point and the provisions of N.J.A.C. 5:80-26.15; and
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.
Soliciting, scheduling, conducting and following up on interviews with interested households;
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;
Providing written notification to each applicant as to the determination of eligibility or noneligibility;
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.;
Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located; and
Employing the random selection process as provided in the affirmative marketing plan of the Township of Carneys Point when referring households for certification to affordable units.
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;
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;
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the appropriate county's register of deeds or county clerk's office after the termination of the affordability controls for each restricted unit;
Communicating with lenders regarding foreclosures; and
Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
Resale and rental:
Instituting and maintaining an effective means of communicating information between owners and the administrative agent regarding the availability of restricted units for resale or rental; and
Instituting and maintaining an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or rerental.
Processing requests from unit owners:
Reviewing and approving requests from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership;
Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the cost of central air-conditioning systems; and
Processing requests and making determinations on requests by owners of restricted units for hardship waivers.
Securing annually lists of all affordable housing units for which tax bills are mailed to absentee owners and notifying all such owners that they must either move back to their unit or sell it;
Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the administrative agent;
The posting annually in all rental properties, including two-family homes, of a notice as to the maximum permitted rent together with the telephone number of the administrative agent where complaints of excess rent can be made;
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;
Establishing a program for diverting unlawful rent payments to the municipality's affordable housing trust fund or other appropriate municipal fund approved by the DCA;
Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls; and
Providing annual reports to COAH as required.
The administrative agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.