As used herein, the terms "affordable," "deficient
unit," "fair share plan," "indigenous need," "low-income housing,"
"moderate-income housing," "rehabilitated unit," "rehabilitation component"
and "restricted" shall have the meanings set forth in the substantive
rules of the New Jersey Council on Affordable Housing, N. J. A. C.
5:92-1.3.
The purpose of this article is to carry out
the rehabilitation component of Florence Township's Fair Share Plan
adopted pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
Florence Township has received substantive certification of its housing
element and fair share plan by the New Jersey Council on Affordable
Housing (COAH). Florence's rehabilitation component was set by COAH
at 61 units.
There is hereby established a program for the
rehabilitation of deficient units of housing located within Florence
Township, as more fully described in the document entitled "Florence
Township Rehabilitation Program Manual," prepared by Susan C. Kimball,
P. P., dated September 1991, last revised April 28, 1992. As required
by the New Jersey Laws of 1946, Chapter 21, as amended, N.J.S.A. 40:49-5.2,
three copies of the aforesaid manual shall be on file in the office
of the Township Clerk and the aforesaid manual is hereby adopted and
incorporated as if fully set forth herein. The aforesaid rehabilitation
program shall be implemented within the six-year period of substantive
certification beginning July 1, 1992, and ending June 30, 1998.
The Florence Township Fair Housing Corporation
(FTFHC) is hereby designated to administer the aforesaid rehabilitation
program in accordance with this article and the aforesaid manual.
The Mayor is authorized to enter into an agreement with the FTFHC
on behalf of Florence Township for its services in administering the
rehabilitation program for a period not to exceed six years.
A minimum of $10,000 per housing unit shall
be provided, of which at least $8,000 per unit shall be allocated
to capital costs which shall be averaged among the 20 units expected
to be rehabilitated during the first two-year period. All rehabilitated
units shall meet the requirements of the New Jersey State Uniform
Construction Code and all applicable subcodes.
Every owner-occupied unit rehabilitated pursuant
to this article shall be subject to affordability controls for a minimum
of six years after completion of rehabilitation work. Every rental
unit rehabilitated pursuant to this article shall be subject to affordability
controls for a minimum of 10 years after completion of rehabilitation
work. The affordability controls shall be set forth as restrictions
in the recorded deeds to the rehabilitated properties, in the form
set forth in the aforesaid manual.
In the event that an owner-occupied unit is
sold while subject to affordability controls to a purchaser who is
not a low-income household or moderate-income household, as the case
may be, all funds expended pursuant to this article for the rehabilitation
of such unit, including pro rata administrative expenses, shall be
paid over at closing to Florence Township, which shall make such funds
available for rehabilitation of another deficient unit to be occupied
by a low-income household or moderate-income household, as the case
may be, provided that such other unit shall be subject to affordability
controls pursuant to this article for a minimum of six years after
completion of rehabilitation work.
In no event may a rental unit be rented to a
tenant who is not a low-income household or moderate-income household
during the ten-year affordability control period. At least half of
all units in each bedroom distribution and half of all rental units
shall be available for low-income households. To the best extent feasible,
at least half of all rehabilitated rental units shall be for low-income
households.
Florence Township shall be responsible for marketing
and outreach to locate units and households eligible for participation
in the rehabilitation program, as well as for implementation of the
rehabilitation program, even though it is administered by the FTFHC.