Township of Liberty, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Liberty 8-5-2004 by Ord. No. 04-06. Amendments noted where applicable.]
GENERAL REFERENCES
Certificates of compliance — See Ch. 43.
Subdivision and site plans — See Ch. 90.
Zoning — See Ch. 105.
A. 
This chapter is intended to facilitate ways in which housing rehabilitation and new construction can be provided for low- and moderate-income households within the Township of Liberty in order for the Township to meet its housing obligations as determined by the New Jersey Council on Affordable Housing (COAH).
B. 
It is intended to provide technical and financial assistance to eligible homeowners for rehabilitating homes occupied by low- or moderate-income households.
C. 
It is intended to provide a vehicle for eligible homeowners to gain access to the loans and/or grants from the Liberty Township Housing Trust Fund.
D. 
Funding for rehabilitation shall be through grant programs sponsored by the State of New Jersey Department of Community Affairs and/or funding from the Housing Trust Fund and/or other sources not yet determined.
A. 
Words and phrases defined in the Fair Housing Act, the Municipal Land Use Law (40:55D-1 et seq.) and in the Substantive Rules of the Council on Affordable Housing (COAH) (N.J.A.C. 5:93-1.3) shall be incorporated in this chapter as if written herein.
B. 
Words defined. As used in this chapter, the following terms shall have the meanings indicated:
FAIR HOUSING PROGRAM
The program provided under the terms of this chapter.
GROSS INCOME
The total income of all members of an applicant's household, including but not limited to, wages, tips, interest, dividends and retirement programs.
HOUSING ADMINISTRATOR
The Township Clerk/Administrator or his/her designee.
HOUSING TRUST FUND
The Liberty Housing Trust Fund established for the financing of low- and moderate-income housing rehabilitation and development.
INCLUSIONARY DEVELOPMENT
A development which is a mix of dwelling units which sell or rent at market value and those which sell or rent at a reduced value based on allowable spending limits for low- and moderate-income families as determined by the Council on Affordable Housing.
INDIGENOUS HOUSING NEED
Deficient housing units occupied by low- and moderate-income households within a municipality.
MUNICIPAL SPONSOR
A municipality which has involved itself in actual production of new, low- and/or moderate-income housing.
REHABILITATION
The restoration of a deficient or substandard dwelling unit to a safe and sanitary condition as provided for under the terms of this chapter.
A. 
Eligibility. Only owners of dwelling units within Liberty Township shall be eligible for rehabilitation assistance offered by this chapter.
(1) 
The homeowner, as a member of either a low- or moderate-income household who lives in the dwelling unit to be rehabilitated, or an owner who rents the dwelling unit to be rehabilitated to either a low- or moderate-income household shall be eligible for the assistance offered under this chapter, provided the owner agrees to rent the rehabilitated dwelling unit to a low- or moderate-income household for the required minimum period of time and at a rate which follows COAH guidelines. Proof of income of the household occupying the rehabilitated unit shall be required by the housing administrator.
(2) 
Deficient or substandard dwelling units.
(a) 
A dwelling unit proposed to be rehabilitated shall be located in the Township of Liberty and shall be considered deficient or substandard as determined by the housing administrator. To qualify as deficient, the unit must have a minimum of two of the following characteristics:
[1] 
Constructed prior to 1940.
[2] 
Be occupied by more than one person per room.
[3] 
Not have a private entranceway to the dwelling unit.
[4] 
Not have exclusive access to complete plumbing facilities meeting the health and sanitary codes of the Township of Liberty.
[5] 
Not have adequate kitchen facilities such as piped water, a safe, operating stove or an operating refrigerator.
(b) 
A unit shall be considered substandard if it has deficiencies that violate the United States Department of Housing and Urban Development (HUD) Section 8 Existing Housing Quality Standards.
(3) 
The rehabilitation will, upon completion, result in a safe and sound dwelling unit meeting all health and safety code requirements as certified through the issuance of a certificate of occupancy.
(4) 
The homeowner must agree, in writing, to comply with all requirements of this chapter and the rules and regulations established by COAH and other applicable ordinances of the Township of Liberty at the time the agreement for the assistance offered by this chapter is signed.
B. 
Effect on homeowner. Owners who secure financial assistance under the terms of this chapter shall be entitled to the following rights and shall undertake the following obligations:
(1) 
The right to apply for and receive special property tax assessment treatment in accordance with applicable state law.
(2) 
The obligation to place a deed restriction on the property specifying that only low- or moderate-income households may occupy the designated dwelling unit. The deed restriction shall take effect on the date the application is approved and money has been made available for the rehabilitation project. The deed restriction shall be in effect for six years for owner-occupied units and 10 years for renter-occupied as per N.J.A.C. 5:93-5.2(g). The beginning of the restricted time period shall be from the date the certificate of occupancy is issued following completion of the rehabilitation work. Sale of the deed restricted property shall not affect the deed restriction.
(3) 
The obligation to sell or rent the dwelling unit at prices within the range of affordability as set forth by COAH for the period of the deed restriction. Increases in the affordability controls may be granted upon written application to and review by the housing administrator assuring compliance with COAH's requirements for changes in the affordability controls.
C. 
Penalties for noncompliance. No financial assistance from the Housing Trust Fund shall be disbursed to any applicant without full compliance with the requirements of this chapter and other applicable regulations. Any person who violates or who fails to comply with this chapter or the other applicable regulations shall be penalized no more than $1,000 and/or jailed no longer than one year and, as part of the penalty, shall make restitution of any and all funds paid from the Housing Trust Fund. Nothing herein shall prevent the Township of Liberty from taking such other lawful action as is necessary to prevent or remedy any violation.
Under this section, Liberty Township undertakes to actively market through advertising in the media, distributing flyers, etc., the availability of rent or sales price restricted units which are to be made available to low- and moderate-income households. The housing administrator is responsible for these activities.
A. 
Staff.
(1) 
The housing administrator shall perform the following duties:
(a) 
Conducting an affirmative marketing program:
[1] 
Mailing to all homeowners at least once a year an announcement of the fair housing program. This announcement shall include an explanation of the eligibility requirements as well as the procedures for making application for rehabilitation assistance under the program.
[2] 
Conducting at least one well publicized public meeting to outline and answer questions about the fair housing program.
[3] 
Issuing periodic press releases to inform the public of news related to the fair housing program and to promote interest in the program.
[4] 
Preparation of information/application packets for distribution to interested homeowners.
(b) 
Preparation of the necessary applications, financial statements, a summary of the commitments to the rules and regulations of the program and such other forms to be executed in administering the program. The final set of forms and documents prepared by the housing administrator shall be approved by the Township Clerk/Administrator. The appropriate forms shall include, along with other data deemed appropriate, proof of ownership, income qualifications of the occupants of the rehabilitated unit, the deed restrictions and the time period for affordability controls applicable to the property, a description of the work to be performed, the total cost of the work, how much will be a loan and how much a grant as well as the method of repaying any loan.
(c) 
Determining the eligibility of the applicant based on the requirements of this chapter and the data provided on the forms required as part of the application procedure.
(d) 
Maintenance of an updated file on available governmental and nongovernmental programs for financial assistance for low- and moderate-income households, including eligibility requirements, application forms, filing deadlines and whether funding is currently available.
(e) 
Providing technical assistance to eligible low- or moderate-income applicants to apply for financial assistance for housing rehabilitation from state and federal programs and from the Housing Trust Fund.
(f) 
Determining the deficiencies of an applicant's dwelling unit and submit the findings in writing to be kept on file as part of the application.
(g) 
Maintaining a list of approved contractors based upon satisfactory references on past work performed and on satisfactory credit ratings.
(h) 
Determining whether the proposed work to be performed meets the parameters of this chapter and whether the cost to complete that work is reasonable. Said determination shall be in writing and kept on file as part of the application.
(i) 
Conducting appropriate, periodic inspections of the work being done and, when satisfactorily completed, issue a certificate of compliance bearing the date the certificate was issued. A copy of this certificate shall be kept as part of the file on the application.
(j) 
Preparation and periodic presentation (at least once a year) to the Township Clerk/Administrator of a report on the number and type of rehabilitation applications received and the amount of technical assistance provided by the housing administrator. The report shall contain, at a minimum:
[1] 
The number of applications received;
[2] 
Those approved;
[3] 
The income levels of those approved;
[4] 
The number of rehabilitated dwelling units completed;
[5] 
The cost of each;
[6] 
A summary of the type of work completed; and
[7] 
How many applications are currently being processed.
(k) 
Maintaining regular office hours to be available to meet with interested homeowners.
(2) 
The housing administrator can call upon the following municipal employees to aide in carrying out this chapter:
(a) 
The Program Development Specialist.
(b) 
The Township Treasurer.
(c) 
The Zoning Officer.
(d) 
The Health Officer.
(e) 
The Construction Official.
(f) 
The Township Engineer.
(g) 
The Township Attorney.
(3) 
The housing administrator can obtain the services of professional consultants, if deemed to be needed, and confirmed by the proper Township Officials.
B. 
Funding.
(1) 
The Township shall include in its annual budget sufficient funds to pay for the costs of administering this chapter. The money expended for preparing and implementing this chapter shall, in accordance with the Fair Housing Act, be considered a mandated expenditure exempt from the limitations on final appropriations imposed pursuant to P.L. 1976, c. 68 (N.J.S.A. 40A:4-45.1 et seq.).
(2) 
The source of funding to administer and implement this program may include:
(a) 
State and federal programs.
(b) 
The Housing Trust Fund.
(c) 
Municipal budget appropriations.
(3) 
State and federal funds shall be disbursed according to the rules and regulations of the agency administering the funds.
(4) 
Housing Trust Fund monies shall be available for housing rehabilitation. The funds shall be disbursed as grants for rehabilitating deficient dwelling units owned or occupied by low-income households. The funds shall be disbursed as loans bearing 2% simple interest for rehabilitating deficient dwelling units owned and occupied by moderate-income households or deficient dwelling units owned by an absentee landlord but occupied by either a low- or moderate-income household.
(5) 
The above loans may be disbursed to a qualified resident homeowners who agree to a lien on the property for repayment of the loan, plus accrued interest. The loan and interest shall be repaid as determined by the Township housing administrator and the homeowner. Where the property is sold or transferred prior to the loan being repaid, the entire remaining balance of the loan, plus accrued interest, shall be paid to the Housing Trust Fund at the time of transfer.
A. 
Application. Applications and other required forms shall be made available at the office of the housing administrator. Technical assistance shall be available from that office to assist applicants in completing and submitting an application. There shall be no fee for filing an application.
B. 
Review.
(1) 
The housing administrator shall determine the completeness of the application.
(2) 
Upon a determination of completeness, the housing administrator shall determine whether the applicant meets the eligibility criteria.
(3) 
Upon a determination that the applicant is eligible under the program, the housing administrator shall inspect the property to determine whether it qualifies as deficient under this chapter.
(4) 
Upon a determination that the dwelling unit is deficient, the housing administrator shall cause a written description of the work required to be completed in order to meet the criteria of this chapter and related health and safety codes and submit a copy to the applicant and retain one copy to be kept as part of the applicant's file. It shall be prepared by an individual qualified to make such written description.
(5) 
Upon receipt of this description of the work required to be completed, the applicant shall:
(a) 
Indicate any discrepancies or omissions in writing to the housing administrator. The housing administrator shall review the applicant's comments and provide a written response, including any appropriate adjustments to the original report. A copy of this response shall be submitted to the applicant with a copy to be kept as part of the applicant's file.
(6) 
Following the final determination of the work to be performed and acceptance by the homeowner, the housing administrator shall seek written proposals, together with the cost to complete the work, from appropriate qualified contractors. A list of these contractors shall be kept in the office of the housing administrator. The housing administrator shall recommend a contractor based upon completeness of the proposal and the lowest overall cost submitted. This recommendation shall be submitted to the applicant for review and concurrency.
C. 
Action on the application.
(1) 
Upon review of the contractor's written proposal and cost estimate, the housing administrator shall either approve, disapprove or modify the proposal as might be appropriate to meet the requirements of the applicable ordinances and requirements of this program and the judgment of both as to the reasonableness of the cost. If the proposal is modified or disapproved, the applicant and the contractor may meet with the housing administrator to make appropriate modifications until the application is approved.
(2) 
Upon approval of the work to be performed and the related cost, together with the eligibility of the applicant, all contracts shall be executed.
(a) 
The contract between the applicant and the Township of Liberty and/or other governmental agencies covering the amount of the loan, the purpose of the loan, the deed restrictions and affordability controls, payback requirements for any loans, penalties for noncompliance and such other requirements of the program as required by law.
(b) 
The contract between the contractor and the applicant outlining the work to be performed, the cost and the time of performance.
(3) 
All payments which require expenditures from the Township Housing Trust Fund shall be made by the Township to the contractor in accordance with the provisions of the contract outlined in Subsection C(2)(b) above, subject to a guarantee that the money will go toward completion of the work included in the application and the contract. Any agreements with state and/or federal agencies will be conditioned upon the criteria of those agencies.
(4) 
Following completion of the work, the housing administrator shall inspect the dwelling unit and certify whether or not the work has been satisfactorily completed. If the work is sufficient, a certificate of compliance shall be issued. If the work is insufficient, the contractor shall be notified and given 90 days to remedy the conditions cited. If the conditions are not corrected within 90 days, the housing administrator shall be authorized to either use remaining funds of the guarantee or such other remedies as appropriate to complete the work in a satisfactory manner.
This portion of this chapter regulates the provision of new low- and moderate-income housing units. It includes units which may be for sale or for rent. This section outlines the requirements of the Council on Affordable Housing with regard to allowable costs, marketing efforts and the mix of unit types to be provided in any inclusionary development. Liberty Township has zoned an area of the Township as MFD, Multifamily Dwelling Zone. This zone, in addition to single-family dwellings, allows for townhouses and other vertically separated attached housing as part of a planned residential development. The required conditions for such a development are discussed in Chapter 90, Article IV, Multifamily Development and Planned Residential Development, of the Code of the Township of Liberty, New Jersey. In order to develop at the gross density allowed, four units to the acre, the applicant must have the minimum tract of 25 acres and the provision of potable water and sewer collection infrastructure and the means of treating sewer effluent. As part of the approval process for a planned residential development, the Township will require that 10% of the units proposed will be set aside for low- and moderate-income households.
A. 
Affordability controls. In accordance with COAH standards, affordability controls shall be based on two-person households for one-bedroom units, three-person households for two-bedroom units and five-person households for three-bedroom units.
B. 
Rent controls.
(1) 
Rents shall not exceed 30% of the published income limits for households of the sizes indicated in Subsection A above and these rent limits shall include utilities to be paid by the tenant.
(2) 
Rents may be increased annually based on the percentage increase in the housing consumer price index for the United States in accordance with N.J.A.C. 5:93-9.15.
C. 
Length of controls on affordability. Affordability controls for owner-occupied buildings which have been rehabilitated to incorporate new rental units shall be for a period of six years. Rental rehabilitated dwelling units which are not owner-occupied shall be restricted as to affordability both from the standpoint of income and rent for a period of 10 years.
This section of the Liberty Township Code sets forth regulations regarding low- and moderate-income housing units in Liberty Township that are consistent with the provisions of N.J.A.C. 5:93 et seq. as effective on January 5, 1998. These rules are pursuant to the Fair Housing Act of 1985 and Liberty Township's constitutional obligation to provide for its fair share of low- and moderate-income housing. Liberty Township's new construction or inclusionary component will be divided equally between low- and moderate-income households as per N.J.A.C. 5:93-2.20. Except for inclusionary developments constructed pursuant to low income tax credit regulations; at least half of all units within each inclusionary development will be affordable to low-income households; at least half of all rental units will be affordable to low-income households; at least 1/3 of all units in each bedroom distribution pursuant to N.J.A.C. 5:93-7.2(c) will be affordable to low-income households.
A. 
Inclusionary developments that are not restricted to senior citizens will be structured in conjunction with realistic market demands pursuant to N.J.A.C. 5:93-7.3 so that:
(1) 
The combination of efficiency and one-bedroom units is at least 10% and no greater than 20% of the total low- and moderate-income units.
(2) 
At least 30% of all low- and moderate-income units are two-bedroom units.
(3) 
At least 20% of all low- and moderate-income units are three-bedroom units.
(4) 
Low- and moderate-income units restricted to senior citizens may utilize a modified bedroom distribution and, at a minimum, the number of bedrooms will equal the number of senior citizen low- and moderate-income units within the inclusionary development.
B. 
In conjunction with realistic market information, the following criteria will be used in determining maximum rents and sale prices:
(1) 
Efficiency units will be affordable to one-person households.
(2) 
One-bedroom units will be affordable to 1.5 person households.
(3) 
Two-bedroom units will be affordable to three-person households.
(4) 
Three-bedroom units will be affordable to 4.5 person households.
(5) 
Median income by household size will be established by a regional weighted average of the uncapped Section 8 income limits published by HUD as per N.J.A.C. 5:93-7.4(b).
(6) 
The maximum average rent and price of low- and moderate-income units within each inclusionary development will be affordable to households earning 57.5% of median income.
(7) 
Moderate-income sales units will be available for at least three different prices and low-income sales units will available for at least two different prices.
(8) 
For both owner-occupied and rental units, the low- and moderate-income units will utilize the same heating source as market units within an inclusionary development.
(9) 
Low-income units will be reserved for households with a gross household income less than or equal to 50% of the median income approved by COAH; moderate-income units will be reserved for households with a gross household income less than 80% of the median income approved by COAH as per N.J.A.C. 5:93-9.16.
(10) 
The regulations outlined in N.J.A.C. 5:93.15 and 5:93.16 will be applicable for purchased and rental units.
C. 
For rental units, developers and/or municipal sponsors may:
(1) 
Establish one rent for a low-income unit and one for a moderate-income unit for each bedroom distribution; and
(2) 
Gross rents, including an allowance for tenant-paid utilities, will be established so as not to exceed 30% of the gross monthly income of the appropriate household size as per N.J.A.C. 5:93-7.4(a). The tenant-paid utility allowance will be consistent with the utility allowance approved by HUD for use in New Jersey.
D. 
For sale units.
(1) 
The initial price of a low- and moderate-income owner-occupied single-family housing unit will be established so that after a down payment of 5%, the monthly principal, interest, homeowner and private mortgage insurance, property taxes (based on the restricted value of the low- and moderate-income units) and condominium or homeowner fee do not exceed 28% of the eligible gross monthly income.
(2) 
Master deeds of inclusionary developments will regulate condominium or homeowner association fees or special assessments of low- and moderate-income purchasers at 40% of those paid by market purchasers. This 40% is consistent with the requirement of N.J.A.C. 5:93-7.4(e). Once established within the master deed, the 40% will not be amended without prior approval from COAH.
(3) 
The Township of Liberty will follow the general provisions concerning uniform deed restriction liens and enforcement through certificates of occupancy or reoccupancy on sale units as per N.J.A.C. 5:93-9.3.
(4) 
The Township of Liberty will require a certificate of reoccupancy for any occupancy of a low- or moderate-income sales unit resulting from a resale as per N.J.A.C. 5:93-9.3(c).
(5) 
Municipal, state, nonprofit and seller options regarding sale units will be consistent with N.J.A.C. 5:93-9.5 — 9.8. Municipal rejection of repayment options for sale units will be consistent with N.J.A.C. 5:93-9.9.
(6) 
The continued application of options to create, rehabilitate or maintain low- and moderate-income sale units will be consistent with N.J.A.C. 5:93-9.10.
(7) 
Eligible capital improvements prior to the expiration of controls on sale units will be consistent with N.J.A.C. 5:93-9.11.
(8) 
The regulations detailed in N.J.A.C. 5:93-9.12 through 5:93.14 will be applicable to low- and moderate-income units that are for sale units.
E. 
In zoning for inclusionary developments, the following is required:
(1) 
Low- and moderate-income units will be built in accordance with N.J.A.C. 5:93-5.6(d):
Minimum Percent of Low/Moderate Income Units Completed
Percent of Market Housing Units Completed
0%
25%
10%
25%, plus one unit
50%
50%
75%
75%
100%
90%
100%
(2) 
A design of inclusionary developments that integrates low- and moderate-income units with market units is encouraged as per N.J.A.C. 5:93-5.6(f).
F. 
Development fee regulations are specified in 5:93-8 of COAH's Substantive Rules. Liberty Township may adopt an ordinance in conformance with the above section.
G. 
To provide assurances that low- and moderate-income units are created with controls on affordability over time and that low- and moderate-income households occupy these units, Liberty Township will designate the housing administrator with the responsibility of ensuring the affordability of sales and rental units over time. The housing administrator of Liberty Township housing program will be responsible for those activities detailed in N.J.A.C. 5:93-9.1(a).
(1) 
The Liberty Township housing program will be responsible for utilizing the verification and certification procedures outlined in N.J.A.C. 5:93-9.1(b) in placing households in low- and moderate-income units.
(2) 
Newly constructed low- and moderate-income sales units will remain affordable to low- and moderate-income households for at least 30 years. The Liberty Township housing program will require all conveyances of newly constructed units to contain the deed restriction and mortgage lien adopted by COAH and referred to as Technical Appendix E as found in N.J.A.C. 5:93.
(3) 
Housing units created through the conversion of a nonresidential structure will be considered a new housing unit and will be subject to thirty-year controls on affordability. The Liberty Township housing program will require COAH's appropriate deed restriction and mortgage lien.
H. 
Regarding rehabilitated units, as per N.J.A.C. 5:93-5.2(g):
(1) 
Rehabilitated owner-occupied single-family housing units that are improved to code standard will be subject to affordability controls for at least six years.
(2) 
Rehabilitated renter-occupied housing units that are improved to code standard will be subject to affordability controls for at least 10 years.
I. 
Regarding rental units, newly constructed low- and moderate-income rental units will remain affordable to low- and moderate-income households for at least 30 years. The Liberty Township housing program will require the deed restriction and lien and deed of easement referred to as Technical Appendix H as found in N.J.A.C. 5:93.
(1) 
Affordability controls in accessory apartments will be for a period of at least 10 years as per N.J.A.C. 5:93-5.9 except, if the apartment is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.15, then the controls on affordability will extend for 30 years.
(2) 
Alternative living arrangements will be controlled in a manner suitable to COAH as per N.J.A.C. 5:93-5.8 which provides assurances that such a facility will house low- and moderate-income households for at least 10 years except, if the alternative living arrangement is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.15, then the controls on affordability will extend for 30 years.
(3) 
Section 14(b) of the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., incorporates the need to eliminate unnecessary cost-generating features from Liberty Township's land use ordinances. Accordingly, Liberty Township will eliminate development standards that are not essential to protect the public welfare and to expedite or fast track municipal approvals/denials on inclusionary development applications. Liberty Township will adhere to the components of N.J.A.C. 5:93-10.1 through 5:93-10.3.
J. 
The Township of Liberty has a COAH 1987 — 1999 fair share obligation of 26 units of which four are new construction. This chapter incorporates an affirmative marking plan which will apply to all future developments that contain proposed low- and moderate-income units.
(1) 
The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by a developer/sponsor, municipality and/or designated administrative agency of affordable housing. The plan will address the requirements of N.J.A.C. 5:93-11. In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin. The Township of Liberty is in the housing region consisting of Morris, Essex, Union and Warren Counties. The affirmative marketing program is a continuing program and will meet the following requirements. All newspaper articles, announcements and requests for applications for low- and moderate-income units will appear in the following daily regional newspapers/publications.
(a) 
Star Ledger.
(b) 
Express Times.
(2) 
The primary marketing will take the form of at least one press release sent to the above publications and a paid display advertisement in each of the above newspapers. Additional advertising and publicity will be on an "as needed" basis. The advertisements will include a description of the:
(a) 
Street address of units;
(b) 
Direction to housing units;
(c) 
Number of bedrooms per unit;
(d) 
Range of prices/rents;
(e) 
Income information; and
(f) 
Location of applications, including business hours and where/how applications may be obtained.
(3) 
All newspaper articles, announcements and requests for applications for low- and moderate-income housing will appear in neighborhood-oriented weekly newspapers, religious publications and organizational newsletters within the region (as they may exist at the time).
(4) 
The following regional radio and/or cable television station(s) will be used:
(a) 
WRNJ – Hackettstown.
(b) 
Comcast Cable TV.
(5) 
The following is the location of applications, brochure(s), sign(s) and/or poster(s) used as part of the affirmative marketing program, including specific employment centers within the region:
(a) 
Municipal administrative building.
(b) 
County library.
(c) 
Developer's sales office.
(d) 
Major employers in region.
(e) 
Others as may be identified at the time of need.
(6) 
The following is a listing of community contact person(s) and/or organization(s) in Morris, Essex, Union and Warren Counties that will aid in the affirmative marketing program with particular emphasis on contracts that will reach out to groups that are least likely to apply for housing within the region:
(a) 
To be determined at the time of need.
(7) 
Quarterly flyers and applications will be sent to each of the following agencies for publication in their journals and for circulation among their members: Board of Realtors in Morris, Essex, Union and Warren Counties.
(8) 
Applications will be mailed to prospective applicants upon request.
(9) 
Additionally, quarterly informational circulars and applications will be sent to the chief administrative employees of each of the following agencies in the counties of Morris, Essex, Union and Warren:
(a) 
Welfare or Social Service Board.
(b) 
Rental Assistance Office (local office of DCA).
(c) 
Office of Aging.
(d) 
Housing Agency or Authority.
(e) 
Library.
(f) 
Area Community Action Agencies.
K. 
The following is a description of the random selection method that will be used to select occupants of low- and moderate-income housing:
(1) 
Applicants will be qualified and provided opportunity on a first-come-first-served basis within each category (low income and moderate income) as modified by Subsection L below.
(2) 
The Liberty Township housing program is the agency under contract with the Township of Liberty to administer the affirmative marketing program. The Liberty housing program has the responsibility to income qualify low- and moderate-income households; to place income eligible households in low- and moderate-income units upon initial occupancy; to provide for the initial occupancy of low- and moderate-income units with income qualified households; to continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls; to assist with advertising and outreach to low- and moderate-income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1. The housing administrator within Liberty Township is the designated housing officer to act as administrator of the Liberty Township housing program. The Liberty Township housing program will provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements and landlord/tenant law.
(3) 
Households who live or work in the COAH-established housing region may be given preference for sales and rental units constructed within that housing region. Applicants living outside the housing region will have an equal opportunity for units after regional applicants have been initially serviced. Liberty Township intends to comply with N.J.A.C. 5:93-11.7.
(4) 
All developers of low- and moderate-income housing units will be required to assist in the marketing of the affordable units in their respective developments.
(5) 
The marketing program will comment at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program will 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.
(6) 
The Liberty Township Program will comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 5:93-12.1.
L. 
Liberty Township has previously undertaken a rehabilitation program to rehabilitate substandard housing units occupied by low- and moderate-income households. Future rehabilitation programs will be administered by the Liberty Township housing administrator. The Liberty Township housing administrator will prepare a marketing plan for the rehabilitation program. The rehabilitation program will be consistent with N.J.A.C. 5:93-5.2(b) through 5:93-5.2(l).