[Adopted 8-5-1992 by Ord. No. 1992-25]
The purpose of this article is to regulate the marketing and rental of both indigenous and inclusionary affordable housing units to be produced pursuant to Florence Township's housing element and fair share plan, so as to assure that:
Rehabilitated owner-occupied single-family housing units that are improved to code standard are subject to affordability controls for at least six years;
Rehabilitated renter-occupied housing units that are improved to code standard are subject to affordability controls for at least 10 years; and
Low- and moderate-income rental units remain affordable to low- and moderate-income households for a period of not less than 20 years.
As used in this article, the following terms shall have the meanings indicated:
- A sales price or rental within the means of a low-income household or moderate-income household residing within the housing region that includes Florence Township, as defined in N.J.A.C. 5:92-12.1 et seq., Controls on Affordability.
- The New Jersey Council on Affordable Housing.
- DEFICIENT UNIT
- A housing unit that is not decent, safe or sanitary as further determined through census surrogates or on-site inspection and does not comply with local codes or other housing standards and is determined pursuant to the method described in N.J.A.C. 5:92-5.2.
- The Florence Township Fair Housing Corporation.
- HANDICAPPED HOUSEHOLD
- A household having one or more members who suffer from physical disability, infirmity, malformation or disfigurement which is caused by bodily injury, birth defect or illness, including epilepsy, and which shall include, but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment or physical reliance on a service or guide dog, wheelchair or other remedial appliance or device, or from any mental, psychological or developmental disability resulting from anatomical, psychological, physiological or neurological conditions which prevents the normal exercise of any bodily or mental functions or is demonstrable, medically or psychologically, by accepted clinical or laboratory diagnostic techniques.
- INCLUSIONARY UNIT
- A housing unit within either of the two municipal construction projects set forth in Florence's Fair Share Plan. As provided in the plan, both of these developments shall consist entirely of rental units for low- and moderate-income senior citizen and handicapped households.
- INDIGENOUS UNIT
- An existing housing unit in Florence Township that is deficient and is rehabilitated to code standards with funding from the Florence Township Rehabilitation Program set forth in Florence's Fair Share Plan. As provided in the plan, eligibility for funding the rehabilitation of indigenous units shall be limited to occupants or intended occupants that are low-income households or moderate-income households.
- The Florence Township Housing Element and Fair Share Plan, which was granted substantive certification by COAH.
Every sale and rental of affordable housing units produced in Florence Township, in compliance with its obligations under the Mount Laurel II decision, the Fair Housing Act, the regulations of COAH, its plan and the substantive certification granted to its plan by COAH, shall be regulated in accordance with this article.
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
The sale and rental of affordable housing units produced in accordance with Florence's plan shall be administered by the Florence Township Fair Housing Corporation. Florence Township shall be responsible for carrying out the plan and shall oversee the FTFHC to ensure the proper administration of the plan. The responsibilities and funding of the FTFHC shall be set forth in one or more written agreements between Florence Township and the FTFHC.
[Amended 9-9-1994 by Ord. No. 1994-17; 5-5-1999 by Ord. No. 1999-17]
The Township of Florence has a fair share obligation of 171 units, of which 114 are new construction. This affirmative marketing section shall apply to all developments that contain low- and moderate-income housing units.
The affirmative marketing plan is a regional marketing strategy designed to attract income-eligible households of all majority and minority groups, regardless of sex, age or number of children, for the purpose of buying or renting affordable housing units. The plan shall address the requirements of N.J.A.C. 5:93-11. In addition, the plan prohibits discrimination in the sale, rental, financing or any other aspect of affordable housing on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin. The Township of Florence is in the housing region consisting of Burlington, Camden and Gloucester Counties. The affirmative marketing plan is a continuing program and shall meet the following requirements:
All newspaper articles, announcements and requests for applicants for low- and moderate-income housing shall appear in the following daily regional newspapers: The Burlington County Times, Camden Courier Post and Gloucester County Times,
The initial advertising of affordable housing must take the form of at least one press release and one paid display advertisement in each of the above newspapers. At a minimum, the paid display advertisement shall include the following: street address of units, directions to housing units, number of bedrooms per unit, size of units, sales and/or rental prices of units, income range for qualifying households, location of the office where application forms for units can be obtained and the application submitted and telephone number and office hours for obtaining information and requesting applications.
Applications must be mailed to prospective applicants upon request.
Public service announcements shall be made through the use of the following radio and/or cable television stations broadcasting throughout the region: WWJZ (AM radio dial 640), the Mount Holly Radio Co. station, WGLS (FM radio dial 89.7), WDBK (FM radio dial 91.5), and the Rowan College, College of New Jersey and Camden County College radio stations.
Announcements, requests for applicants and newspaper articles may be placed in the following neighborhood-oriented weekly newspapers, religious publications and organizational newsletters within Burlington, Camden and Gloucester Counties as needed: Gazette, Catholic Star Herald, Gloucester County Times, Bordentown Register News and others.
Affordable housing applications, brochures, signs and/or announcements regarding the availability of affordable housing units within Florence shall be forwarded to and posted at the following large-scale employers within the region: Ready Pac/Club Chef, Florence Township, Griffin Pipe, Florence Township and Cumberland Farms, Florence Township.
The following is a listing of community and regional organizations in Burlington, Gloucester and Camden Counties that will aid in the affirmative marketing program, with particular emphasis on contacts that will reach out to groups that are least likely to apply for affordable housing within the region: Multiple Sclerosis Association of America, Inc. (MSAA), Affordable Housing Coalition of Burlington County, Burlington County Community Action Program (BCCAP), Tri-County Community Action Agency and Camden County Council on Economic Opportunity.
Affordable housing applications, brochures, announcements and/or posters will be forwarded to and posted at the following locations: developer's sales office, Municipal Building and library, Burlington County Library, Camden County Library and Gloucester County Library.
Quarterly informational circulars and applications shall be sent to each of the following agencies for publication in their journals and for circulating among their members: Boards of Realtors in Burlington County, Camden County and Gloucester County.
Additional quarterly information circulars and applications shall be sent to the following nonprofit, religious, governmental, fraternal, civic and community action agencies in Burlington, Camden and Gloucester Counties: Moorestown Ecumenical Neighborhood Development Inc. (MEND), Jersey Counseling and Housing Development, Inc., Lutheran Social Ministries of New Jersey and Mount Holly 2000.
The following is a description of the random selection method that will be used to select occupants of low- and moderate-income housing: MSAA and BCCAP procedures will be used.
MSAA and BCCAP are the agencies who will administer the affordable housing units in Florence. MSAA and BCCAP are responsible for the advertising, income qualifying low- and moderate-income households, placing eligible households in low- and moderate-income units upon initial occupancy, continuing to qualify households for reoccupancy of units as they become vacant and enforcing the terms of the deed restriction.
Developers, builders and sponsors of low- and moderate-income housing units may be required by Florence to assist in the advertising of affordable units in their respective developments in accordance with the preceding paragraphs. Such advertising is subject to the approval of Florence Township.
Florence may delegate other specific tasks, such as interviewing applicants, prescreening households and the like, to a developer, builder and sponsor, provided that copies of all applications, income verification documents, sales records and the like of the low- and moderate-income units are returned to Florence Township for reporting purposes and to aid with future rentals.
Households who live or work in the housing region of Burlington, Camden and Gloucester Counties may be given preference for the affordable housing units within the municipality. Applicants living outside the housing region shall have an equal opportunity to buy or rent units after applicants living within the region have been processed. Florence intends to comply with N.J.A.C. 5:93-11.7.
The affirmative marketing plan for new units shall commence 120 days before the issuance of either temporary or permanent certificates of occupancy. Affirmative marketing shall continue until all low- and moderate-income housing units are initially occupied. Affirmative marketing for existing units shall continue on an as-needed basis for as long as affordable units are deed restricted.
The Administrator is hereby designated to act as liaison among COAH, BCCAP, MSAA and Florence Township. The Administrator will be responsible for tracking the progress of affordable housing, answering inquiries regarding affordable housing from the public and COAH and complying with COAH monitoring and reporting requirements per N.J.A.C. 5:93-11.6 and 5:93-12.1.
Initial rent levels. Initial rent levels of affordable units shall not exceed the applicable maximums established by COAH.
Criteria governing rent levels. The FTFHC shall set and periodically revise the rent levels for affordable units. Provided that such levels are within COAH maximums, they may differ for various units on the basis of number of bedrooms, floor area, location, amenities and any other relevant factors. Rent levels shall be set in accordance with COAH regulations.
Guideline. The FTFHC shall set rent levels so as not to exceed 30% of gross monthly household income. The FTFHC may, but is not required to, include an allowance for utilities as part of the rent. Maximum rent shall be calculated as a percentage of either the COAH low- or moderate-income limit, as the case may be, or other standard adopted by COAH. At least 50% of all rental units shall be affordable to low-income households.
Rerentals. When establishing rent levels for rerentals, the FTFHC shall take into account whether a rent increase would raise the rent higher than a level that tenant can afford.
Affordability based on unit size. The rent levels for efficiency units shall be affordable to one-person households; those for one-bedroom units shall be affordable to two-person households; and those for two-bedroom units shall be affordable to three-person households.
Rent increases. Rents of affordable units may be increased annually based on the percentage increase in median income for the housing region in which Florence Township is located, as determined by COAH.
Affordability controls for indigenous units. Rehabilitated owner-occupied single-family units that are improved to code standard shall be subject to affordability controls for at least six years. Rehabilitated renter-occupied units that are improved to code standard shall be subject to affordability controls for at least 10 years. The FTFHC shall impose such controls by means of restrictions to be incorporated into the recorded mortgages to the rehabilitated properties, in the form set forth in the manual adopted by § 87-16 of this chapter.