[Added 7-2-2002 by Ord. No. 2002-49;
amended 12-16-2003 by Ord. No. 2003-152; 4-4-2006 by Ord. No. 2006-19; 1-19-2010 by Ord. No.
2010-04]
A.
This article is intended to assure that low- and moderate-income
units ("affordable units") are created with controls on affordability
over time and that low- and moderate-income households shall occupy
these units. This article shall apply except where inconsistent with
applicable law.
B.
The Stafford Township Planning Board has adopted a Housing Element
and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A.
40:55D-1 et seq. The Fair Share Plan has been endorsed by the governing
body. The Fair Share Plan describes the ways Stafford Township shall
address its fair share for low- and moderate-income housing as determined
by the Council on Affordable Housing (COAH) and documented in the
Housing Element.
C.
This article implements and incorporates the Fair Share Plan and
addresses the requirements of N.J.A.C. 5:97, as may be amended and
supplemented.
D.
Stafford Township shall file monitoring reports with COAH in accordance
with N.J.A.C. 5:96, tracking the status of the implementation of the
Housing Element and Fair Share Plan. Any plan evaluation report of
the Housing Element and Fair Share Plan and monitoring prepared by
COAH in accordance with N.J.A.C. 5:96 shall be available to the public
at the Stafford Township Municipal Building, Municipal Clerk's Office,
260 East Bay Avenue, Manahawkin, New Jersey 08050, or from COAH at
101 South Broad Street, Trenton, New Jersey, and on COAH's website,
www.nj.gov/dca/affiliates/coah.
The following terms, as used in this article, shall have the
meanings indicated:
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, through the conversion of an existing
accessory structure on the same site, by an addition to an existing
home or accessory building, or by the construction of a new accessory
structure on the same site.
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.)
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity responsible for the administration of affordable
units in accordance with this article, N.J.A.C. 5:96, N.J.A.C. 5:97
and N.J.A.C. 5:80-26.1 et seq.
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent within the means of a low- or moderate-income
household as defined in N.J.A.C. 5:97-9; in the case of an ownership
unit, that the sales price for the unit conforms to the standards
set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented,
and, in the case of a rental unit, that the rent for the unit conforms
to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended
and supplemented.
A housing development all or a portion of which consists
of restricted units.
The Township Community Development Director, other municipal
official(s), and/or designee(s) appointed or contracted by the Township
Council of the Township of Stafford to administer the compliance and/or
implementation of the Township's Affordable Housing Program.
A development included in the Housing Element and Fair Share
Plan and includes, but is not limited to, an inclusionary development,
a municipal construction project or a one-hundred-percent affordable
development.
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited
pursuant to N.J.A.C. 5:97-4, and/or funded through an Affordable Housing
Trust Fund.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that:
All the residents of the development where the unit is situated
are 62 years or older; or
At least 80% of the units are occupied by one person who is
55 years or older; or
The development has been designated by the Secretary of the
U.S. Department of Housing and Urban Development as "housing for older
persons" as defined in Section 807(b)(2) of the Fair Housing Act,
42 U.S.C. § 3607.
A facility licensed by the New Jersey Department of Health
and Senior Services to provide apartment-style housing and congregate
dining and to assure that assisted living services are available when
needed for four or more adult persons unrelated to the proprietor
and that offers units containing, at a minimum, one unfurnished room,
a private bathroom, a kitchenette and a lockable door on the unit
entrance.
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
The Council on Affordable Housing, which is in, but not of,
the Department of Community Affairs of the State of New Jersey, that
was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301
et seq.).
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that
require the repair or replacement of a major system. A "major system"
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load-bearing structural systems.
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development, including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
A development containing both affordable units and market
rate units. This term includes, but is not necessarily limited to,
new construction, the conversion of a nonresidential structure to
residential and the creation of new affordable units through the reconstruction
of a vacant residential structure.
A household with a total gross annual household income equal
to 50% or less of the median household income.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical,
fire-protection, or occupant service components of a building which
include, but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement or load-bearing structural systems.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable county,
as adopted annually by COAH.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income
household.
The Township Community Development Director, other municipal
official(s), and/or designee(s) appointed by the Township Council
of the Township of Stafford to administer the compliance and/or implementation
of the Township's Affordable Housing Program.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a Class A
beneficiary and the transfer of ownership by court order.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by COAH's adopted regional income limits published annually
by COAH.
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, rent does
not include charges for food and services.
A dwelling unit, whether a rental unit or ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income.
A restricted unit that is affordable to a very-low-income
household.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for rehabilitation.
A.
Rehabilitation program.
(1)
Stafford Township's rehabilitation program shall be designed
to renovate deficient housing units occupied by low- and moderate-income
households such that, after rehabilitation, these units will comply
with the New Jersey State Housing Code pursuant to N.J.A.C. 5:28.
(2)
Both owner-occupied and renter-occupied units shall be eligible
for rehabilitation funds.
(3)
Units will be rehabilitated through the Ocean County Housing
Rehabilitation Program (OCHRP). The OCHRP utilizes HOME and CDBG funds
to rehabilitate units for eligible property owners (whether owner-occupied
or rental). The administrator of the program accepts applications
on a first-come-first-served basis. After property owners qualify
for assistance, utilizing HUD income guidelines, a bid process is
conducted by the administrator and a contractor is chosen from the
lowest bids. The program is designed as a deferred loan program with
a declining percentage owed by the property owner over 10 years. If
the property owner remains the same for 10 years, the loan is forgiven
and the lien is removed.
(4)
All rehabilitated units shall remain affordable to low- and
moderate-income households for a period of 10 years (the control period).
For owner-occupied units the control period will be enforced with
a lien, and for renter-occupied units the control period will be enforced
with a deed restriction.
(5)
The minimum hard cost of rehabilitation for each unit shall
be at least $10,000 in order to receive COAH credit.
(6)
Stafford Township shall adopt a resolution committing to fund
any shortfall in the rehabilitation programs for the municipality.
(7)
Units in a rehabilitation program shall be exempt from N.J.A.C.
5:97-9 and Uniform Housing Affordability Controls (UHAC) but shall
be administered in accordance with the following:
(a)
If a unit is vacant, upon initial rental subsequent to rehabilitation,
or if a renter-occupied unit is re-rented prior to the end of controls
on affordability, the deed restriction shall require the unit to be
rented to a low- or moderate-income household at an affordable rent
and affirmatively marketed pursuant to N.J.A.C. 5:97-9 and UHAC.
(b)
If a unit is renter-occupied, upon completion of the rehabilitation,
the maximum rate of rent shall be the lesser of the current rent or
the maximum permitted rent pursuant to N.J.A.C. 5:97-9 and UHAC.
(c)
Rents in rehabilitated units may increase annually based on
the standards in N.J.A.C. 5:97-9.
(d)
Applicant and/or tenant households shall be certified as income-eligible
in accordance with N.J.A.C. 5:97-9 and UHAC, except that households
in owner-occupied units shall be exempt from the regional asset limit.
B.
Inclusionary affordable housing. To ensure the efficient use of land
through compact forms of development and to create realistic opportunities
for the construction of affordable housing, inclusionary zoning allows
minimum presumptive densities and presumptive maximum affordable housing
set-asides as follows:
[Amended 2-14-2017 by Ord. No. 2017-05; 6-27-2017 by Ord. No. 2017-16]
(1)
A developer of for-sale or rental housing with five or more
units, whether included in a mixed-use development, provided as townhouses,
multifamily buildings, supportive/special needs housing or other configuration,
and whether age-restricted or non-age-restricted, shall be required
to provide for a set-aside of 20% for restricted affordable units.
(2)
The Planning Board or Zoning Board, with the advice of its Board
Engineer, Traffic Engineer or Landscape Architect, may approve a reduction
in the parking required for each project, may approve the increase
in maximum lot coverage of up to ten-percent additional coverage or
may approve the reduction in common and/or private open space requirements
of up to ten-percent decreased coverage.
(3)
Utilities. Affordable units shall utilize the same type of heating
source as market units within the affordable development.
C.
Municipally Sponsored Scattered Site Program – Ocean Acres.
(1)
The Municipally Sponsored Scattered Site Program – Ocean
Acres is a market to affordable program established to permit the
purchase and/or subsidization of vacant buildable lots in the Ocean
Acres section of the Township for the purpose of building low- and
moderate-income single-family homes.
(2)
The following provisions shall apply to the program:
(a)
The Township shall purchase vacant buildable lots at fair market
value.
(b)
A developer shall be chosen after an open bid process. Said developer
shall build each unit, engage in affirmative marketing for each unit,
perform all the necessary steps involved in certifying households
for each unit and continue to monitor each unit after occupancy.
(c)
All units shall be affirmatively marketed pursuant to N.J.A.C. 5:97-9
and UHAC.
(d)
Applicants shall be certified as income-eligible in accordance with
N.J.A.C. 5:97-9 and UHAC.
(e)
All units shall be deed restricted in accordance with UHAC regulations.
(3)
The
units shall comply with N.J.A.C. 5:97-9 and UHAC with the following
exceptions:
(a)
Bedroom distribution [N.J.A.C. 5:80-26.3(6) and (c)];
(b)
Low-moderate income split [N.J.A.C. 5:80-26.3(a)]; and
(c)
Affordability average [N.J.A.C. 5:80-26.3(d) and (e)]; however, the
maximum sales price for a moderate-income unit shall be affordable
to households earning no more than 70% of median income, and the maximum
sales price for a low-income unit shall be affordable to households
earning no more than 40% of median income.
D.
Low- and moderate-income housing required.
[Added 5-4-2010 by Ord. No. 2010-14; amended 12-13-2016 by Ord. No. 2016-23]
(1)
Developers of the affordable housing sites, as designated on
the Zoning Map of the Township of Stafford, Ocean County, New Jersey,
shall be required to set aside the number of affordable units specified
in any existing valid approval or in accordance with the following
schedule:
|
Zone
|
Site
|
Mandatory Set-Aside of Low- and Moderate-Income Units
|
|---|---|---|
|
ARMFAH
|
Presbyterian Homes
|
100%
|
|
Block 229, Lot 21
| ||
|
R-3/PRC
|
Perry's Lake
|
20%
|
|
Block 120.30, Lot 51.01
| ||
|
Block 123.01, Lot 18.03
| ||
|
MFAH-12
|
Block 77, Lot 1.07
|
20%
|
|
MFAH-12
|
Block 120.20, Lots 43, 44 and 45
|
100%
|
(2)
In addition to the set-aside requirements above, developers of affordable housing sites shall be subject to the requirements of the underlying zoning of the respective site set forth in Chapter 211 of the Township Code. The following modifications to § 211-34.1 shall apply to sites with 100% mandatory obligation:
(a)
Section 211-34.1B(1): Parking shall be a minimum of 1.5 spaces per unit with no additional parking for accessory uses.
(b)
Section 211-34.1F(5): The minimum accessory building setback shall be 10 feet.
(c)
Section 211-34.1G(5): The minimum setback for all buildings and parking areas shall be 10 feet.
(d)
Section 211-34.1G(6): The minimum distance between two-story buildings shall be 25 feet and three-story buildings shall be 40 feet excluding covered porches and decks.
(e)
Section 211-34.1G(8): The minimum distance from a dwelling to an access drive or internal roadway shall be 15 feet.
(f)
Section 211-34.1G(11): A single trash compactor and recycling area shall be permitted with no distance requirements from unit doors.
(g)
One off-site project identification sign not to exceed 30 square
feet shall be permitted at the closest intersection of a major road.
(h)
One-hundred-percent-affordable sites can be subdivided for phasing
or financing purposes. No setbacks are required from internal lot
lines created for the purpose of phasing or financing.
[Added 3-28-2017 by Ord.
No. 2017-07]
(i)
Section 211-34.1A(1): Multifamily dwellings at a density not to exceed 12 units per acre, except one-hundred-percent-affordable sites where the maximum density shall be 15 units per acre.
[Added 3-28-2017 by Ord.
No. 2017-07]
(j)
Section 211-34.1G(6): The minimum distance between one-hundred-percent-affordable apartment buildings shall be 25 feet, excluding covered porches and decks.
[Added 3-28-2017 by Ord.
No. 2017-07]
[Amended 2-14-2017 by Ord. No. 2017-05; 6-27-2017 by Ord. No. 2017-16]
The fair share obligation shall be divided equally between low-
and moderate-income units, except that where there is an odd number
of affordable housing units, the extra unit shall be a low-income
unit. The low-income category of units contains both very-low-income
units as well as low-income units. The developer shall provide for
13% of the units to be very-low-income units.
A.
In each
affordable development, at least 50% of the restricted units within
each bedroom distribution shall be low-income units. Of the 50% allocated
for low-income units, 74% of those units shall be designated for low-income
households, and 26% shall be designated for very-low-income households.
General rules on rounding numbers shall be followed when determining
the split between very-low-income units and low-income units. The
following illustration shall be utilized in inclusionary or one-hundred-percent
affordable developments in connection with very-low-income units:
|
Required Affordable Units
|
Number of Very-Low Units
| |
|---|---|---|
|
1 to 2
|
0
| |
|
3 to 10
|
1
| |
|
11 to 18
|
2
| |
|
19 to 26
|
3
|
B.
Affordable developments that are not age restricted shall be structured
in conjunction with realistic market demands such that:
(1)
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
(2)
At least 30% of all low- and moderate-income units shall be
two-bedroom units;
(3)
At least 20% of all low- and moderate-income units shall be
three-bedroom units; and
(4)
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
C.
Affordable developments that are age restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
The standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
In inclusionary developments, the following schedule shall be
followed:
|
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
|---|---|
|
25%
|
0%
|
|
25% + 1 unit
|
10%
|
|
50%
|
50%
|
|
75%
|
75%
|
|
90%
|
100%
|
In inclusionary developments, low- and moderate-income units
shall be integrated with the market units and not grouped in one building
or section of the development.
A.
The first floor of all restricted townhouse dwelling units and all
restricted units in all other multistory buildings shall be subject
to the technical design standards of the Barrier Free Subcode, N.J.A.C.
5:23-7 and N.J.A.C. 5:97-3.14.
B.
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
(1)
An adaptable toilet and bathing facility on the first floor;
(2)
An adaptable kitchen on the first floor;
(3)
An interior accessible route of travel on the first floor;
(4)
An interior accessible route of travel shall not be required
between stories within an individual unit;
(5)
An adaptable room that can be used as a bedroom, with a door
or the casing for the installation of a door, on the first floor;
and
(6)
An accessible entranceway as set forth at P.L. 2005, c. 350
(N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C.
5:23-7 and N.J.A.C. 5:97-3.14, or evidence that the Stafford Township
has collected funds from the developer sufficient to make 10% of the
adaptable entrances in the development accessible:
(a)
Where a unit has been constructed with an adaptable entrance,
upon the request of a disabled person who is purchasing or will reside
in the dwelling unit, an accessible entrance shall be installed.
(b)
To this end, the builder of restricted units shall deposit funds
within the Stafford Township's Affordable Housing Trust Fund sufficient
to install accessible entrances in 10% of the affordable units that
have been constructed with adaptable entrances.
(c)
The funds deposited under Subsection B above shall be used by the Stafford Township for the sole purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
(d)
The developer of the restricted units shall submit a design
plan and cost estimate for the conversion from adaptable to accessible
entrances to the Construction Official of the Stafford Township.
(e)
Once the Construction Official has determined that the design
plan to convert the unit entrances from adaptable to accessible meets
the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7 and
N.J.A.C. 5:97-3.14, and that the cost estimate of such conversion
is reasonable, payment shall be made to the Stafford Township Affordable
Housing Trust Fund in care of the Municipal Treasurer, who shall ensure
that the funds are deposited into the Affordable Housing Trust Fund
and appropriately earmarked.
(f)
Full compliance with the foregoing provisions shall not be required
where an entity can demonstrate that it is site impracticable to meet
the requirements. Determinations of site impracticability shall be
in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7 and N.J.A.C.
5:97-3.14.
A.
In establishing rents and sales prices of affordable housing units,
the administrative agent shall follow the procedures set forth in
UHAC and by COAH, utilizing the regional income limits established
by COAH.
B.
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units other
than assisted living facilities, the following standards shall be
used:
(1)
A studio shall be affordable to a one-person household;
(2)
A one-bedroom unit shall be affordable to a one-and-one-half-person
household;
(3)
A two-bedroom unit shall be affordable to a three-person household;
(4)
A three-bedroom unit shall be affordable to a four-and-one-half-person
household;
(5)
A four-bedroom unit shall be affordable to a six-person household.
C.
In determining the initial rents for compliance with the affordability
average requirements for restricted units in assisted living facilities,
the following standards shall be used:
D.
Sale units.
(1)
The maximum sales price of restricted ownership units within
each affordable development shall be affordable to households earning
no more than 70% of median income, and each affordable development
must achieve an affordability average of 55% for restricted ownership
units; in achieving this affordability average, moderate-income ownership
units must be available for at least three different prices for each
bedroom type, and low-income ownership units must be available for
at least two different prices for each bedroom type.
(2)
The initial purchase price for all restricted ownership units
shall be calculated so that the monthly carrying cost of the unit,
including principal and interest (based on a mortgage loan equal to
95% of the purchase price and the Federal Reserve H.15 rate of interest),
taxes, homeowner and private mortgage insurance and condominium or
homeowners' association fees do not exceed 28% of the eligible monthly
income of the appropriate size household as determined under N.J.A.C.
5:80-26.4, as may be amended and supplemented; provided, however,
that the price shall be subject to the affordability average requirement
of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(3)
The price of owner-occupied low- and moderate-income units may
increase annually based on the percentage increase in the regional
median income limit for each housing region. In no event shall the
maximum resale price established by the administrative agent be lower
than the last recorded purchase price.
(4)
Price restrictions for restricted ownership units shall be in
accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
including:
(a)
The initial purchase price for a restricted ownership unit shall
be approved by the administrative agent.
(b)
The administrative agent shall approve all resale prices, in
writing and in advance of the resale, to assure compliance with the
foregoing standards.
(c)
The method used to determine the condominium association fee
amounts and special assessments shall be indistinguishable between
the low- and moderate-income unit owners and the market unit owners.
(d)
The owners of restricted ownership units may apply to the administrative
agent to increase the maximum sales price for the unit on the basis
of capital improvements. Eligible capital improvements shall be those
that render the unit suitable for a larger household or the addition
of a bathroom.
E.
Rental units.
(1)
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted low- and
moderate-income units shall be affordable to households earning no
more than 52% of median income.
(2)
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
household size as determined under N.J.A.C. 5:80-26.4, as may be amended
and supplemented; provided, however, that the rent shall be subject
to the affordability average requirement of N.J.A.C. 5:80-26.3, as
may be amended and supplemented.
(3)
The rent of low- and moderate-income units may be increased
annually based on the percentage increase in the Housing Consumer
Price Index for the United States. This increase shall not exceed
9% in any one year. Rents for units constructed pursuant to low-income
housing tax credit regulations shall be indexed pursuant to the regulations
governing low-income housing tax credits.
(4)
Utilities. Tenant-paid utilities that are included in the utility
allowance shall be so stated in the lease and shall be consistent
with the utility allowance approved by DCA for its Section 8 program.
(5)
Price restrictions for rental units; leases.
(a)
A written lease shall be required for all restricted rental
units, except for units in an assisted living residence, and tenants
shall be responsible for security deposits and the full amount of
the rent as stated on the lease. A copy of the current lease for each
restricted rental unit shall be provided to the administrative agent.
(b)
No additional fees or charges shall be added to the approved
rent (except, in the case of units in an assisted living residence,
to cover the customary charges for food and services) without the
express written approval of the administrative agent.
(c)
Application fees (including the charge for any credit check)
shall not exceed 5% of the monthly rent of the applicable restricted
unit and shall be payable to the administrative agent to be applied
to the costs of administering the controls applicable to the unit
as set forth in this article.
A.
Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each
restricted ownership unit shall remain subject to the requirements
of this article until the Stafford Township elects to release the
unit from such requirements; however, and prior to such an election,
a restricted ownership unit must remain subject to the requirements
of N.J.A.C. 5:80-26.1, as may be amended and supplemented, for at
least 30 years.
B.
The affordability control period for a restricted ownership unit
shall commence on the date the initial certified household takes title
to the unit.
C.
Prior to the issuance of the initial certificate of occupancy for
a restricted ownership unit and upon each successive sale during the
period of restricted ownership, the administrative agent shall determine
the restricted price for the unit and shall also determine the nonrestricted,
fair market value of the unit based on either an appraisal or the
unit's equalized assessed value.
D.
At the time of the first sale of the unit, the purchaser shall execute
and deliver to the administrative agent a recapture note obligating
the purchaser (as well as the purchaser's heirs, successors and assigns)
to repay, upon the first nonexempt sale after the unit's release from
the requirements of this article, an amount equal to the difference
between the unit's nonrestricted fair market value and its restricted
price, and the recapture note shall be secured by a recapture lien
evidenced by a duly recorded mortgage on the unit.
E.
The affordability controls set forth in this article shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
F.
A restricted ownership unit shall be required to obtain a continuing
certificate of occupancy or a certified statement from the Construction
Official stating that the unit meets all code standards upon the first
transfer of title that follows the expiration of the applicable minimum
control period provided under N.J.A.C. 5:80-26.5(a), as may be amended
and supplemented.
A.
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this article until the Stafford Township elects to release the
unit from such requirements pursuant to action taken in compliance
with N.J.A.C. 5:80-26.1, as may be amended and supplemented, and prior
to such an election, a restricted rental unit must remain subject
to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented,
for at least 30 years.
B.
Deeds of all real property that include restricted rental units shall
contain deed restriction language. The deed restriction shall have
priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of the County of Ocean. A copy of the filed document shall be provided
to the administrative agent within 30 days of the receipt of a certificate
of occupancy.
C.
A restricted rental unit shall remain subject to the affordability
controls of this article, despite the occurrence of any of the following
events:
A.
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the administrative agent shall determine, in writing,
that the proposed indebtedness complies with the provisions of this
section.
B.
With the exception of original purchase money mortgages, during a
control period neither an owner nor a lender shall at any time cause
or permit the total indebtedness secured by a restricted ownership
unit to exceed 95% of the maximum allowable resale price of that unit,
as such price is determined by the administrative agent in accordance
with N.J.A.C. 5:80-26.6(b).
A.
In referring certified households to specific restricted units, to
the extent feasible, and without causing an undue delay in occupying
the unit, the administrative agent shall strive to:
B.
Additional provisions related to occupancy standards (if any) shall
be provided in the Municipal Operating Manual.
A.
Buyer income eligibility for restricted ownership units shall be
in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median
income, and moderate-income ownership units shall be reserved for
households with a gross household income less than 80% of median income.
B.
The administrative agent shall certify a household as eligible for
a restricted ownership unit when the household is a low-income household
or a moderate-income household, as applicable to the unit, and the
estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowners' association fees, as applicable) does
not exceed 33% of the household's certified monthly income.
A.
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13,
as may be amended and supplemented, and shall be determined as follows:
(1)
Very-low-income rental units shall be reserved for households
with a gross household income less than or equal to 30% of median
income.
(2)
Low-income rental units shall be reserved for households with
a gross household income less than or equal to 30% of median income.
(3)
Moderate-income rental units shall be reserved for households
with a gross household income less than 80% of median income.
B.
The administrative agent shall certify a household as eligible for
a restricted rental unit when the household is a very-low-income household,
low-income household or a moderate-income household, as applicable
to the unit, and the rent proposed for the unit does not exceed 35%
(40% for age-restricted units) of the household's eligible monthly
income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended
and supplemented; provided, however, that this limit may be exceeded
if one or more of the following circumstances exists:
(1)
The household currently pays more than 35% (40% for households
eligible for age-restricted units) of its gross household income for
rent, and the proposed rent will reduce its housing costs;
(2)
The household has consistently paid more than 35% (40% for households
eligible for age-restricted units) of eligible monthly income for
rent in the past and has proven its ability to pay;
(3)
The household is currently in substandard or overcrowded living
conditions;
(4)
The household documents the existence of assets with which the
household proposes to supplement the rent payments; or
(5)
The household documents proposed third-party assistance from
an outside source such as a family member in a form acceptable to
the administrative agent and the owner of the unit.
A.
The following affirmative marketing requirements shall apply to all
units in Stafford Township's Affordable Housing Program and be compliant
with N.J.A.C. 5:80-26.15, as may be amended and supplemented.
B.
An affirmative marketing plan is a regional marketing strategy designed
to attract buyers and/or renters of all majority and minority groups,
regardless of race, creed, color, national origin, ancestry, marital
or familial status, gender, affectional or sexual orientation, disability,
age or number of children to housing units which are being marketed
by a developer, sponsor or owner of affordable housing. The affirmative
marketing plan is also intended to target those potentially eligible
persons who are least likely to apply for affordable units in that
region. It is a continuing program that directs all marketing activities
throughout COAH Housing Region 4 and covers the period of deed restriction.
C.
Stafford is ultimately responsible for administering the affirmative
marketing plan. Stafford shall delegate this responsibility to an
administrative agent which shall income-qualify low- and moderate-income
households; place income-eligible households in low- and moderate-income
units upon initial occupancy; continue to qualify households for reoccupancy
of units as they become vacant during the period of affordability
controls; assist with advertising and outreach to low- and moderate-income
households if in contract; and enforce the terms of the deed restriction
and mortgage loan as per the Uniform Housing Affordability Controls
(UHAC). As appropriate, the administrative agent shall refer applicant
households to counseling services on subjects such as budgeting, credit
issues, mortgage qualification, responsibilities of homeownership,
rental lease requirements and landlord/tenant law.
D.
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner,
unless otherwise determined or agreed to by Stafford Township.
E.
The marketing plan will commence at least 120 days before the issuance
of either temporary or permanent certificates of occupancy. Advertising
and outreach shall take place during the first week of marketing and
each month thereafter. Marketing shall 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 affirmative marketing plan
shall meet the following requirements:
(1)
One advertisement shall be published in each of the following
daily newspapers of general circulation within the entire housing
region: the Asbury Park Press and the Trentonian.
(2)
One advertisement shall be broadcast on a regional radio and/or
cable television station(s) that covers the entire housing region.
(3)
At least one additional regional marketing strategy shall be
utilized from the following list:
(a)
Advertisement in other publications circulated within the housing
region, such as neighborhood-oriented weekly newspapers, religious
publications and organizational newsletters;
(b)
Contact with major employers throughout the housing region through
mailings or other outreach. The intent of the contact/outreach is
for employers to be able to share information and documentation with
their employees about affordable housing in the region.
(c)
Contact with specific community and regional organizations that
will aid in soliciting low- and moderate-income applicants. Such organizations
may include nonprofit, religious, governmental, fraternal, civic,
and other organizations; and
(d)
Other advertising and outreach efforts to groups that are least
likely to be reached by commercial media efforts.
(4)
Advertisements shall include the following:
(a)
The location of the units.
(b)
Directions to housing units.
(c)
A range of selling prices/rents.
(d)
The size as measured in bedrooms of the housing units.
(e)
The maximum income permitted to qualify for the housing units.
(f)
A statement as to the regional preference given to those applicants
who live or work in Region 4.
(g)
The location of applications for the housing units and where
to mail completed applications.
(h)
The last date applications will be accepted.
(i)
The business hours when interested households may obtain an
application for a unit.
(j)
Contact number of the Municipal Housing Liaison, administrative
agent, or property manager.
(k)
Application fees, if any.
(5)
Applications for affordable housing shall be made available
at the following locations:
(6)
Applications shall be mailed to prospective applicants upon
request.
Applicants who live or work in Region 4 may be given preference
for affordable units within the Township. Applicants living outside
the housing region will have an equal opportunity for units after
regional applicants have been initially serviced.
The following is a description of the random selection process
that shall be utilized to select occupants of low- and moderate-income
housing: There shall be a period in which to complete and submit applications.
The names of households that have completed applications in that time
frame and who are income eligible shall be randomly selected to establish
an order in which available units shall be offered to them. If the
first household on the list is not of appropriate household size or
income or does not live or work in the COAH region, that applicant
shall be skipped and the next applicant household shall be evaluated
for the available unit. This shall continue until a properly sized
household with sufficient income to purchase or rent the unit is reached.
Any applicants who are skipped for size, income or regional preference
shall remain on the list and continue to be considered for future
restricted units in the order in which they were selected in the random
selection. Unless they ask to be removed from the list or become ineligible
for assistance, these applicants shall remain on the service list.
Therefore, these applicants shall not be included in future random
selections. Instead, the service order created by future random selections
shall be placed at the end of the service list set by all prior random
selections. The Township shall match appropriately sized income-eligible
families with available units.
See Township Code § 35-51.
A.
The Stafford Township Council shall designate, by resolution, subject
to the approval of COAH, one or more administrative agents to administer
newly constructed affordable units in accordance with N.J.A.C. 5:96,
N.J.A.C. 5:97 and UHAC.
B.
An Operating Manual shall be provided by the administrative agent(s)
to be adopted by resolution of the governing body and subject to approval
of COAH. The Operating Manuals shall be available for public inspection
in the office of the Municipal Clerk and in the office(s) of the administrative
agent(s).
C.
Duties and responsibilities; authority.
(1)
The administrative agent shall perform the duties and responsibilities
of an administrative agent as are set forth in UHAC and which are
described in full detail in the Operating Manual, including those
set forth in N.J.A.C. 5:80-26.14, 5:80-26.16 and 5:80-26:18 thereof,
which includes:
(a)
Attending continuing education opportunities on affordability
controls, compliance monitoring, and affirmative marketing as offered
or approved by COAH;
(b)
Affirmative marketing;
(c)
Household selection and certification;
(d)
Affordability controls;
(e)
Records retention;
(f)
Resale and re-rental;
(g)
Processing requests from unit owners; and
(h)
Enforcement, though the ultimate responsibility for retaining
controls on the units rests with the municipality.
(2)
The administrative agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities, hereunder.
A.
Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an owner, developer or tenant, the municipality
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, municipal fines, a requirement
for household recertification, acceleration of all sums due under
a mortgage, recoupment of any funds from a sale in the violation of
the regulations, injunctive relief to prevent further violation of
the regulations, entry on the premises, and specific performance.
B.
After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
(1)
The municipality may file a court action pursuant to N.J.S.A.
2A:58-11 alleging a violation, or violations, of the regulations governing
the affordable housing unit. If the owner, developer or tenant is
found by the court to have violated any provision of the regulations
governing affordable housing units, the owner, developer or tenant
shall be subject to one or more of the following penalties, at the
discretion of the court:
(a)
A fine of not more than $1,000 or imprisonment for a period
not to exceed 90 days, or both. Each and every day that the violation
continues or exists shall be considered a separate and specific violation
of these provisions and not as a continuing offense.
(b)
In the case of an owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment into the Stafford Township Affordable Housing Trust
Fund of the gross amount of rent illegally collected.
(c)
In the case of an owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment of an innocent tenant's reasonable relocation costs,
as determined by the court.
(2)
The municipality may file a court action in the Superior Court
seeking a judgment, which would result in the termination of the owner's
equity or other interest in the unit, in the nature of a mortgage
foreclosure. Any judgment shall be enforceable as if the same were
a judgment of default of the first purchase money mortgage and shall
constitute a lien against the low- and moderate-income unit.
C.
Such judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any first purchase money mortgage and prior liens and
the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating owner shall have the right
to possession terminated as well as the title conveyed pursuant to
the Sheriff's sale.
D.
The proceeds of the Sheriff's sale shall first be applied to satisfy
the first purchase money mortgage lien and any prior liens upon the
low- and moderate-income unit. The excess, if any, shall be applied
to reimburse the municipality for any and all costs and expenses incurred
in connection with either the court action resulting in the judgment
of violation or the Sheriff's sale. In the event that the proceeds
from the Sheriff's sale are insufficient to reimburse the municipality
in full as aforesaid, the violating owner shall be personally responsible
for and to the extent of such deficiency, in addition to any and all
costs incurred by the municipality in connection with collecting such
deficiency. In the event that a surplus remains after satisfying all
of the above, such surplus, if any, shall be placed in escrow by the
municipality for the owner and shall be held in such escrow for a
maximum period of two years or until such earlier time as the owner
shall make a claim with the municipality for such. Failure of the
owner to claim such balance within the two-year period shall automatically
result in a forfeiture of such balance to the municipality. Any interest
accrued or earned on such balance while being held in escrow shall
belong to and shall be paid to the municipality, whether such balance
shall be paid to the owner or forfeited to the municipality.
E.
Foreclosure by the municipality due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the Sheriff's sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the Sheriff's sale shall not be entitled to any right of redemption.
F.
If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the first purchase money mortgage and any
prior liens, the municipality may acquire title to the low- and moderate-income
unit by satisfying the first purchase money mortgage and any prior
liens and crediting the violating owner with an amount equal to the
difference between the first purchase money mortgage and any prior
liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the low- and moderate-income
unit could have been sold under the terms of the regulations governing
affordable housing units. This excess shall be treated in the same
manner as the excess which would have been realized from an actual
sale as previously described.
G.
Failure of the low- and moderate-income unit to be either sold at
the Sheriff's sale or acquired by the municipality shall obligate
the owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the municipality, with such
offer to purchase being equal to the maximum resale price of the low-
and moderate-income unit as permitted by the regulations governing
affordable housing units.
H.
The owner shall remain fully obligated, responsible and liable for
complying with the terms and restrictions of governing affordable
housing units until such time as title is conveyed from the owner.
Appeals from all decisions of an administrative agent designated
pursuant to this article shall be filed in writing with the Executive
Director of COAH.
