[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:
A.
Rehabilitated owner-occupied single-family housing
units that are improved to code standard are subject to affordability
controls for at least six years;
B.
Rehabilitated renter-occupied housing units that are
improved to code standard are subject to affordability controls for
at least 10 years; and
C.
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.
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.
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.
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.
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.
A household meeting minimum age restriction requirements that are consistent with the Federal Fair Housing Act, 42 U.S.C. § 3601 et seq., and Chapter 91, Land Development.
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,[1] the regulations of COAH, its plan and the substantive
certification granted to its plan by COAH, shall be regulated in accordance
with this article.
[1]
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]
A.
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.
B.
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:
(1)
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,
(2)
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.
(3)
Applications must be mailed to prospective applicants
upon request.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
(11)
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.
(12)
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.
(13)
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.
(14)
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.
(15)
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.
(16)
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.
C.
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.
A.
Initial rent levels. Initial rent levels of affordable
units shall not exceed the applicable maximums established by COAH.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
