[HISTORY: Adopted by the Mayor and Council
of the Borough of Stanhope 6-24-2008 by Ord. No. 2008-06.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 100.
[1]
Editor's Note: This ordinance also superseded former Ch. 57,
Affordable Housing, adopted 5-31-2005 by Ord. No. 2005-7.
The Borough of Stanhope Fair Share Plan, dated
June 10, 1996, amending and supplementing the Housing Plan Element
of the 1994 Master Plan, is hereby adopted by reference and shall
hereby constitute a part of this chapter. All provisions of this chapter,
whether adopted heretofore or hereafter, shall be construed in harmony
with the Fair Share Plan.
The properties designated as Block Number 10302,
Lot Number 2, and Block Number 10307, Lot Number 2, as designated
on the Tax Map of the Borough of Stanhope, shall be donated by the
Borough pursuant to N.J.S.A. 52:27D-135 to not-for-profit organizations
(hereinafter "donee-sponsor") to develop housing units for persons
of low- and moderate-income. Said properties shall be deed restricted
for use by low- and moderate-income persons for not less than 30 years
from the date of the donation. The aforesaid properties are located
in the medium density residential zone and are currently fully conforming
to the requirements of said zone for residential development purposes.
Notwithstanding any other provisions of this chapter, or any subsequent
amendment hereto, said properties shall be considered to be fully
conforming for residential development purposes pending their development
by the appropriate donee-sponsor for residential development for low-
and moderate-income persons.
A.
The Fair Share Plan, dated June 10, 1996, provides for the construction of a five-bedroom unit restricted for occupancy by low- and moderate-income persons who are senior citizens and the construction of a five-bedroom unit restricted for occupancy by low- and moderate-income persons with developmental disabilities. The new residential units will be constructed by donee-sponsors on land donated by the Borough of Stanhope as is set forth in § 57-2 above. The Borough's Affirmative Marketing Plan shall be limited to the aforesaid properties.
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, for the purpose of 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 rental on the basis of race, color, sex, religion, handicap,
age, familial status/size or national origin. The Borough of Stanhope
is in the housing region consisting of Sussex, Passaic, Bergen and
Hudson Counties.
C.
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 New Jersey Herald and
The Daily Record.
(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 newspaper(s). At a minimum, the paid display
advertisement shall include the following:
(a)
The street address of the units.
(b)
Directions to the housing units.
(c)
Number of bedrooms per unit.
(d)
The size of the units.
(e)
The rents of the units.
(f)
The income range for qualifying households.
(g)
The location of applications.
(h)
The 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 may be made through the
use of the following radio and/or cable television stations broadcasting
throughout the region: TKR Cable TV Channel 3, Public Bulletin Board,
and Service Electric Cable TV Channel 8, Public Bulletin Board.
(5)
Announcements, requests for applicants and newspaper
articles may be placed in the following neighborhood-oriented weekly
newspapers, religious publications and organizational newsletters
within Sussex, Passaic, Bergen and Hudson Counties as needed: the
Sussex County Chronicle.
(6)
Affordable housing applications, brochures, announcements
and/or posters will be forwarded to and posted at the following locations:
the donee-sponsor's office.
(7)
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: The Board
of Realtors in Sussex County, the Board of Realtors in Passaic County,
the Board of Realtors in Bergen County and the Board of Realtors in
Hudson County.
(8)
Occupants of low- and moderate-income housing shall
be selected on a random basis, which selection shall be administered
by the administrative agencies listed below.
(9)
Donee-sponsors.
(a)
NORWESCAP and SCARC, as donee-sponsors of the
two five-bedroom units to be constructed, shall execute an agreement
with the Borough of Stanhope to administer the affordable housing
units. NORWESCAP and SCARC shall each administer their respective
units of affordable housing.
(b)
They shall have the responsibility to advertise;
to income-qualify low- and moderate-income households; to place eligible
households in low- and moderate-income units upon initial occupancy;
to continue to qualify households for reoccupancy of units as they
become vacant; and to enforce the terms of the deed restriction. NORWESCAP
or SCARC will provide counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, rental lease
requirements and landlord tenant law.
(c)
In addition, Stanhope is designating the Borough
Administrator as a "housing officer," to act as liaison between COAH,
the municipality and NORWESCAP and SCARC. The municipal liaison will
be responsible for tracking the progress of affordable housing, fielding
inquiries regarding affordable housing from the public and COAH, complying
with COAH monitoring and reporting requirements as per N.J.A.C. 5:93-11.6
and 5:93-12.1.
(10)
Households who live or work in the housing region
of Sussex, Passaic, Bergen and Hudson Counties may be given preference
for the affordable housing units within the municipality. Applicants
living outside the housing region shall have an equal opportunity
for units after intraregional applicants have been processed. Stanhope
intends to comply with N.J.A.C. 5:93-11.7.
(11)
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.
In Holmdel Builder's Association v Holmdel,
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 Council on Affordable Housing developing rules. The purpose of
this article is to establish standards for the collection, maintenance
and expenditure of development fees pursuant to COAH's rules. Fees
collected pursuant to this article 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.
As used in this chapter, the following terms
shall have the meaning indicated:
The New Jersey Council on Affordable Housing.
Money paid by an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
in COAH's rules.
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.
A judgment issued by the Superior Court approving a municipality's
plan to satisfy its fair share obligation.
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 herein. A
grant of substantive certification shall be valid for a period of
six years in accordance with the terms and conditions therein.
A.
Residential development fees.
(1)
Within all zoning districts, residential developers
shall pay a development fee of 1 1/2% of the equalized assessed value
for residential development or the coverage amount of the homeowner
warranty document of a for-sale unit or the appraised value on the
document utilized for construction financing for a rental unit, provided
no increased density is permitted.
(2)
The fee may be realized on the equalized assessed
value or on the coverage amount on the homeowner's warranty document
for each additional for-sale unit or on the appraised value on the
document utilized for construction for each additional rental unit,
as the Borough shall select.
(3)
If a "d" variance is granted pursuant to N.J.S.A.
40:55D-70(d)(5), then the additional residential units realized (above
what is permitted by right under the existing zoning) will incur a
bonus development fee of 6% rather than the development fee of 1 1/2%.
However, if the zoning on a site has changed during the two-year period
preceding the filing of the "d" variance application, the density
for purposes of calculating the bonus development fee shall be the
highest density permitted by right during the two-year period preceding
the filing of the "d" variance application.
B.
Nonresidential development fees. All nonresidential
developers shall pay a fee of 3% of either the equalized assessed
value for nonresidential development or the appraised value utilized
on the document for construction financing, as the Borough shall select.
If a "d" variance is granted pursuant to N.J.S.A. 40:55D-70(d)(4),
then the additional floor area realized (above what is permitted by
right under the existing zoning) will incur a bonus development fee
of 6% of the equalized assessed value or the appraised value on the
document utilized for construction financing. However, if the zoning
on a site has changed during the two-year period preceding the filing
of the "d" variance application, the density for purposes of calculating
the bonus development fee shall be the highest density permitted by
right during the two-year period preceding the filing of the "d" variance
application. The development fee may be based on either the equalized
assessed value for nonresidential development or the appraised value
utilized on the document for construction financing.
C.
Additional development fees. The Borough may provide
for additional development fees as allowed by N.J.A.C. 5:93-8.1 et
seq., as currently adopted or as may be amended in the future.
A.
Developers of low- and moderate-income units shall
be exempt from paying development fees.
B.
Expansion of existing residential structures shall
be exempt.
C.
Developers that have received preliminary or final
approval prior to the effective date of this article shall be exempt
from paying a development fee unless the developer seeks a substantial
change in the approval, or the plan is abandoned, approval lapses,
or the period of protection pursuant to N.J.S.A. 40:55D-52 expires
without extension.
D.
Owner-occupied residential structures demolished and replaced as
a result of a fire, flood or natural disaster shall be exempt from
paying a development fee.
[Added 6-28-2016 by Ord.
No. 2016-05]
Developers that are required to pay the development
fees as provided for in this article shall pay the fee in effect at
the time the developer applies for its building permits. Such payments
are to be made in accordance with the following schedule:
A.
Developers shall pay 50% of the calculated development
fee to the Borough of Stanhope at the issuance of building permits.
The developer shall submit to the Housing Officer an estimate of the
assessed value of the new construction and lot to be verified if required
by the Tax Assessor.
B.
Developers shall pay the remaining fee to the Borough
of Stanhope at the issuance of certificates of occupancy. At the issuance
of certificates of occupancy, the Tax Assessor shall calculate the
equalized assessed value and the appropriate development fee. The
developer (or owners upon default) shall be responsible for paying
the difference between the fee calculated at certificates of occupancy
and the amount paid at building permit.
A.
There is hereby created an interest-bearing housing
trust fund in the name of Stanhope Borough for the purpose of receiving
development fees from residential and nonresidential developers. All
development fees paid by developers pursuant to this article shall
be deposited in this fund. No money shall be expended from the housing
trust fund unless the expenditure conforms to a spending plan approved
by COAH.
B.
If COAH determines that the Borough of Stanhope is
not in conformance with COAH's rules on development fees, COAH is
authorized to direct the manner in which all development fees collected
pursuant to this article shall be expended. Such authorization is
pursuant to this article, COAH's rules on development fees, and the
written authorization from the governing body to the bank in which
the housing trust fund is located.
A.
Money deposited in the housing trust fund may be used
for any activity approved by COAH for addressing the Borough of Stanhope's
low- and moderate-income housing obligation. Such activities may include,
but are not necessarily limited to, housing rehabilitation, new construction,
regional contribution agreements, the purchase of land for low- and
moderate-income housing, assistance designed to render units to be
more affordable to low- and moderate-income people, and administrative
costs necessary to implement the Borough's housing element. The expenditure
of all money shall conform to a spending plan approved by COAH.
B.
At least 30% of the revenues collected shall be devoted
to render units more affordable unless exempt as per N.J.A.C. 5:98-8.16(c).
Examples of such activities include, but are not limited to, down
payment and closing assistance, low interest loans and rental assistance.
C.
No more than 20% of the revenues shall be expended
on administrative costs necessary to develop, revise, or implement
the housing plan element of the Borough Master Plan. Examples of eligible
administrative activities include personnel, consultant services,
space costs, consumable supplies, and rental or purchase of equipment
directly associated with plan development or plan implementation.
D.
Development fees shall not be expended to reimburse
the Borough of Stanhope for housing activities that preceded substantive
certification.
The Borough shall complete and return to COAH
all monitoring forms related to the collection of development fees,
expenditures of revenues and implementation of the spending plan certified
by COAH. Quarterly financial reports and annual program implementation
and auditing reports shall be completed by the Borough on forms designed
by COAH.
A.
In the event that any of the conditions set forth in Subsection B below occur, COAH shall be authorized, on behalf of the Borough, to direct the manner in which all development fees collected pursuant to this article shall be expended. Should any such condition occur, such revenues shall immediately become available for expenditure at the direction of COAH upon the Borough Clerk's receipt of written notification from COAH that such a condition has occurred. In furtherance of the foregoing, the Borough shall, in establishing a bank account, ensure that the Borough has provided whatever express written authorization which may be required by the bank to permit COAH to direct disbursement of such revenues from the account following the delivery to the bank of the aforementioned written notification provided by COAH to the Borough Clerk.
B.
Occurrence of the following may result in COAH taking
an action pursuant to N.J.A.C. 5:91-15.1.
(1)
Failure to submit a spending plan within the time
limits imposed by COAH.
(2)
Failure to meet deadlines for information required
by COAH in its review of this article, the Borough's housing element
or spending plan.
(3)
Failure to address COAH's conditions for approval
of a plan to spend development fees within the deadlines imposed by
COAH.
(4)
Failure to address COAH's conditions for substantive
certification within the deadlines imposed by COAH.
(5)
Failure to submit accurate monitoring reports within
the time limits imposed by COAH.
(6)
Failure to implement the spending plan for development
fees within the time limits imposed by COAH, or within reasonable
extensions granted by COAH.
(7)
Expenditure of development fees on activities not
permitted by COAH.
(8)
Other good cause demonstrating that the revenues are
not being used for the intended purpose.
This article shall expire if:
A.
COAH dismisses or denies the Borough's petition for
substantive certification.
B.
The Borough's substantive certification is revoked.
C.
The substantive certification expires prior to the
Borough's filing an adopted housing element with COAH, petitioning
for substantive certification or receiving COAH's approval of this
article.
