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Township of Springfield, NJ
Burlington County
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New Laws (4) Index
[Adopted 12-14-1994 as § 22-26 of the 1994 Code; amended in its entirety 7-8-2009 by Ord. No. 2009-07]
It is the intent of this article to regulate the development and management of low- and moderate-income housing units constructed in compliance with the Housing Element of the Master Plan of the Township of Springfield.
A. 
Created. There is hereby created the Affordable Housing Board of the Township of Springfield to monitor the compliance of the Township in providing housing for low- and moderate-income families, in accordance with the regulations set forth by the New Jersey Council on Affordable Housing (COAH).
B. 
Membership. The Affordable Housing Board shall consist of five members, one of whom shall be a member of Township Council, and all of whom shall be appointed by the Township Council. The Affordable Housing Board shall be broadly representative of the citizens of the Township. The Township Council member shall be a full voting member and act as liaison to the Township Council.
[Amended 6-14-2006 by Ord. No. 2006-8]
C. 
Term. The term of office of Affordable Housing Board members shall be three years, staggered, with reappointment at the pleasure of the Township Council. The appointments shall be made in such a manner that the terms of approximately one-third of the members shall expire each year.
D. 
Officers and staff. The Affordable Housing Board shall elect a Chairperson and Vice Chairperson from among its members. Their terms of office shall be one year, and they shall be eligible for reelection. The Affordable Housing Board may also elect a secretary, who need not be a member of the Affordable Housing Board, and it may create and fill such other offices as it shall determine are appropriate and necessary to achieve the objectives of the Affordable Housing Board. The Affordable Housing Board may employ or contract for and fix the compensation of such experts and other staff as it deems necessary, provided such obligations do not exceed funds it has available for such use.
E. 
Quorum. Attendance by three voting members shall constitute a quorum. Passage of any motion shall require an affirmative vote by a majority of the members present.
F. 
Removal of members. The Township Council may remove any members of the Affordable Housing Board for cause, on written charges served upon the member and after a hearing thereon, at which time such member shall be entitled to be heard, either in person or represented by counsel.
G. 
Vacancies. A vacancy on the Affordable Housing Board occurring otherwise than the expiration of the term shall be filled for the unexpired term in the same manner as an original appointment by the Township Council.
H. 
Powers and duties. The Affordable Housing Board is hereby granted, and shall have and exercise, the following powers:
(1) 
Review, with the assistance of the Administrator, regulations pertaining to the sale and rental of the affordable housing units.
(2) 
With the assistance of the Administrator, prepare amendments and additions to regulations, as it deems necessary or appropriate, to implement the purpose of this article. Such amendments and additions shall not become effective until approved by the Township Council.
(3) 
Hold hearings, upon notice, to adjudicate the complaints of developers, applicants, owners and renters if the developer, applicant, owner or renter is not satisfied with the rulings of the Administrator. In matters involving a hearing, the Administrator shall give 10 days' written notice to all parties involved and shall give all interested parties an opportunity to be heard.
(4) 
With the assistance of the Administrator, review from federal, state, county or local agencies matters regarding funding or applications for funding.
(5) 
With the assistance of the Administrator, make recommendations to the Township Council regarding how Township funds, or funds collected from developer contributions, for affordable housing should be spent, and propose priorities for such expenditures.
(6) 
Review all affirmative marketing plans submitted by the Administrator.
(7) 
Administer all resale and rerental transactions, in accordance with the provisions of §§ 35-12 through 35-15.
The Township Council shall appoint an Affordable Housing Administrator, hereinafter called the "Administrator," to monitor sales and resales of affordable housing units.
A. 
Administration. Initial sales and rental transactions of affordable housing units shall be administered by the developer, under the advisory review of the Affordable Housing Board, in accordance with § 35-11. All resale and rerental transactions of all affordable housing units shall be administered by the Affordable Housing Board, in accordance with § 35-11.
B. 
Delegation of authority. The Administrator may delegate the administration of all or part of the duties set forth in this article to the Department of Community Affairs, a nonprofit organization or another qualified entity. Such delegation must be approved by the Affordable Housing Board.
C. 
Fees. The Administrator may charge a reasonable fee of program participants for the administration of the affordability controls program.
The developer of low- and moderate-income housing units shall submit to the Affordable Housing Board a description of the mechanism to be used to insure that the required low- and moderate-income units are sold or rented only to low- and moderate-income households for a period of not less than 30 years. In addition to such description, actual samples of language to be included in the nature of covenants shall be submitted.
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 Springfield 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 Springfield 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. 
Springfield 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 Springfield Township Municipal Building, Municipal Clerk's office, 2159 Jacksonville-Jobstown Road, Jobstown, New Jersey, 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, when used in this article, shall have the meanings given in this section:
ACT
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.)
ADAPTABLE
Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.1 et seq.
ADMINISTRATIVE AGENT
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.
AFFIRMATIVE MARKETING
A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
AFFORDABILITY AVERAGE
The average percentage of the median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.
AFFORDABLE
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.
AFFORDABLE DEVELOPMENT
A housing development all or a portion of which consists of restricted units.
AFFORDABLE HOUSING DEVELOPMENT
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.
AFFORDABLE HOUSING PROGRAM(S)
Any mechanism in a municipal fair share plan prepared or implemented to address a municipality's fair share obligation.
AFFORDABLE UNIT
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.
AGENCY
The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
AGE-RESTRICTED UNIT
A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that:
A. 
All the residents of the development where the unit is situated are 62 years or older; or
B. 
At least 80% of the units are occupied by one person that is 55 years or older; or
C. 
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.
ASSISTED-LIVING RESIDENCE
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.
CERTIFIED HOUSEHOLD
A household that has been certified by an administrative agent as a low-income household or moderate-income household.
COAH
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.).
DCA
The State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT
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.
DEVELOPER
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.
DEVELOPMENT
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.
INCLUSIONARY DEVELOPMENT
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.
LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal to 50% or less of the median household income.
LOW-INCOME UNIT
A restricted unit that is affordable to a low-income household.
MAJOR SYSTEM
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.
MARKET-RATE UNIT
Housing not restricted to low- and moderate-income households that may sell or rent at any price.
MEDIAN INCOME
The median income, by household size, for the applicable county, as adopted annually by COAH.
MODERATE-INCOME HOUSEHOLD
A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.
MODERATE-INCOME UNIT
A restricted unit that is affordable to a moderate-income household.
NONEXEMPT SALE
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.
RANDOM SELECTION PROCESS
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).
REGIONAL ASSET LIMIT
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.
REHABILITATION
The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
RENT
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.
RESTRICTED UNIT
A dwelling unit, whether a rental unit or an 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.
UHAC
The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.
VERY-LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal to 30% or less of the median household income.
VERY-LOW-INCOME UNIT
A restricted unit that is affordable to a very-low-income household.
WEATHERIZATION
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.
In inclusionary developments, to the extent possible, low- and moderate-income units shall be integrated with the market units.
A. 
Proportion of low- and moderate-income units. Except for affordable housing developments constructed pursuant to low-income tax credit regulations:
(1) 
At least half of the "for sale" affordable units within each affordable housing development shall be affordable to low-income households.
(2) 
At least half of the rental affordable units within each affordable housing development shall be affordable to low-income households. Of the total number of affordable rental units, 13% shall be affordable to very-low-income households.
(3) 
At least half of the affordable units in each bedroom distribution within each affordable housing development shall be affordable to low-income households.
B. 
Bedroom distribution of affordable units. Affordable housing developments which are not limited to age-restricted households shall be structured in conjunction with realistic market demands so that:
(1) 
The combination of efficiency and one-bedroom units is no greater than 20% of the total number of affordable units;
(2) 
At least 30% of all affordable units shall be two-bedroom units.
(3) 
At least 20% of all affordable units shall be three-bedroom units.
(4) 
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
C. 
Affordable housing developments that are limited to age-restricted households shall, at a minimum, have a total number of bedrooms equal to the number of age-restricted affordable units within the affordable housing development. The standard may be met by creating all one-bedroom units or by creating a two-bedroom unit for each efficiency unit.
A. 
In conjunction with realistic market information, the following shall be used to determine maximum rents and sales prices of the affordable units:
(1) 
Efficiency or studio units shall be affordable to one-person households.
(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.
B. 
For 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 two-person household or to two one-person households.
C. 
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:
(1) 
Provide an occupant for each unit bedroom;
(2) 
Provide children of different sex with separate bedrooms; and
(3) 
Prevent more than two persons from occupying a single bedroom.
A. 
Median income by household size shall be established using a regional weighted average of the uncapped Section 8 income limits published by HUD, computed as set forth in N.J.A.C. 5:97-9.2.
B. 
The maximum rent for affordable units within each affordable housing development shall be affordable to households earning no more than 60% of the median income. The average rent for low- and moderate-income units shall be affordable to households earning no more than 52% of the median income. Restricted rental units shall establish at least one rent for each bedroom type for all low- and moderate-income units, provided at least 13% of all low- and moderate-income units are affordable to households earning no more that 30% of the median income. For low-income rental units established in a market-to-affordable-rental program only, the maximum rent for a low-income unit shall be affordable to households earning no more than 44% of the median income.
C. 
Low- and moderate-income units shall utilize the same heating source as market units within an inclusionary development.
D. 
Gross rents, including an allowance for utilities, shall be established for the various-sized affordable units at a rate not to exceed 30% of the gross monthly income of the appropriate household size as set forth in this section. The allowance for utilities shall be consistent with the utility allowance approved by NJDCA for use in its Section 8 program.
E. 
No affordable rental units included in the COAH requirement shall be subject to a rent control ordinance which may be adopted or in place in the Township of Springfield during the time period in which affordable housing COAH controls are effective.
F. 
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.
G. 
The maximum sales price of restricted-ownership units within each affordable development shall be affordable to households earning no more than 70% of the median income. Each affordable development must achieve an affordability average of 55% for restricted-ownership units. 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. For low-income sale units established in a market-to-affordable-sales program only, the maximum sales price for a low-income unit shall be affordable to households earning no more than 40% of the median income.
H. 
Low- and moderate-income units shall utilize the same heating source as market units within an inclusionary development.
I. 
The initial purchase price for all restricted-ownership units shall be calculated so that the monthly carrying costs 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 homeowner association fees, do not exceed 28% of the eligible monthly income of an appropriate household size as determined under N.J.A.C. 5:80-26.4; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3.
J. 
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.
If an affordable housing unit is part of a condominium association or homeowners' association, the master deed shall reflect that the assessed affordable homeowner's fee be established at 100% of the market rate fee. This percentage assessment shall be recorded in the master deed.
A. 
Low-income housing units shall be reserved for households with a gross household income equal to or less than 50% of the median income approved by COAH.
B. 
Very-low-income housing units shall be reserved for households with a gross household income equal to or less than 30% of the median income approved by COAH.
C. 
Moderate-income housing units shall be reserved for households with a gross household income in excess of 50% but less than 80% of the median income approved by COAH.
Upon resale of an affordable unit, a certificate of reoccupancy shall be required in accordance with N.J.A.C. 5:80-26.10.
Final site plan or subdivision approval shall be contingent upon the affordable housing development meeting the following phasing schedule for low- and moderate-income units, whether developed in one stage or in two or more stages:
Minimum Percentage of Low- and
Moderate-Income Units Completed
Percentage of Market
Housing Units Completed
0%
25%
10%
25% + 1 unit
50%
50%
75%
75%
100%
90%
A. 
Time period for controls.
(1) 
Newly constructed low- and moderate-income rental units shall remain affordable to low- and moderate-income households for a period of at least 30 years.
(2) 
Newly constructed low- and moderate-income "for sale" units shall remain affordable to low- and moderate-income households for a period of at least 30 years.
(3) 
Rehabilitated owner-occupied single-family housing units that are improved to code standard shall be subject to affordability controls for 10 years.
(4) 
Rehabilitated renter-occupied housing units that are improved to code standard shall be subject to affordability controls for at least 10 years.
(5) 
Housing units created through conversion of a nonresidential structure shall be considered a new housing unit and shall be subject to affordability controls for new housing units as designated in Subsection A(1) and (2) above.
(6) 
Affordability controls on accessory apartments shall be for a period of 10 years.
(7) 
Affordability controls for units in alternative living arrangements shall be for a period of at least 30 years.
(8) 
Affordability controls on market-to-affordable units shall be for a period of at least 30 years.
B. 
Sale units.
(1) 
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 Township of Springfield 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.
(2) 
The affordability control period for a restricted-ownership unit shall commence on the date the initial certified household takes title to the unit.
(3) 
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.
(4) 
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.
(5) 
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.
(6) 
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.
(7) 
All conveyances of restricted-ownership units shall be made by deeds and restrictive covenants substantially in the form prescribed herein.
(8) 
At the time of the first nonexempt sale following a thirty-year interval from the date of the issuance of the initial certificate of occupancy, the Township of Springfield shall have the right of first refusal to purchase a restricted-ownership unit at the maximum restricted price, provided that:
(a) 
The Township of Springfield enters into a contract to purchase the unit within 60 days of notification of intent to sell by the owner of the restricted unit; and
(b) 
The recapture lien remains in full force and effect.
C. 
Rental units.
(1) 
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 Township of Springfield 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.
(2) 
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 Burlington. A copy of the filed document shall be provided to the administrative agent within 30 days of the receipt of a certificate of occupancy.
(3) 
A restricted rental unit shall remain subject to the affordability controls of this article, despite the occurrence of any of the following events:
(a) 
Sublease or assignment of the lease of the unit;
(b) 
Sale or other voluntary transfer of the ownership of the unit; or
(c) 
The entry and enforcement of any judgment of foreclosure.
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 the median income and moderate-income ownership units shall be reserved for households with a gross household income less than 80% of the 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 homeowner association fees, as applicable) does not exceed 33% of the household's certified monthly income.
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. 
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. 
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 the median income.
(2) 
Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of the median income.
(3) 
Moderate-income rental units shall be reserved for households with a gross household income less than 80% of the 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, a 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 exist:
(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.
C. 
The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection B(1) through (5) above with the administrative agent, who shall counsel the household on budgeting.
A. 
Springfield Township is ultimately responsible for administering the affordable housing program, including affordability controls and the affirmative marketing plan in accordance with the regulations of COAH pursuant to N.J.A.C. 5:97 et seq. and the UHAC pursuant to N.J.A.C. 5:80-26 et seq.
B. 
Springfield Township has delegated to the Municipal Housing Liaison, this responsibility for administering the affordable housing program, including administering and enforcing the affordability controls and the affirmative marketing plan of Springfield Township in accordance with the provisions of this article, the regulations of COAH pursuant to N.J.A.C. 5:96 and 5:97 et seq. and the UHAC pursuant to N.J.A.C. 5:80-26 et seq. Springfield Township shall, by resolution, appoint the Township Clerk as the Municipal Housing Liaison.
C. 
Subject to COAH approval, Springfield Township may contract with one or more administrative agents to administer some or all of the affordability controls and/or the affirmative marketing plan in accordance with this article, the regulations of COAH pursuant to N.J.A.C. 5:97 and 5:96 et seq. and the UHAC pursuant to N.J.A.C. 5:80-26 et seq. If Springfield Township enters into such a contract, the Municipal Housing Liaison shall supervise the contracting administrative agent(s) and shall serve as liaison to the contracting administrative agent(s).
D. 
The Township of Springfield intends to contract with an experienced affordable housing administrator to be the administrator of the sale and rental of all new affordable housing. The experienced affordable housing administrator will also oversee and administer income qualification of low- and moderate-income households; place income-eligible households in low- and moderate-income units upon initial occupancy; place income-eligible households in low- and moderate-income units as they become available during the period of affordability controls; and enforce the terms of the required deed restrictions and mortgage loans. The experienced affordable housing administrator will specifically administer and implement:
(1) 
An administrative plan and program, and related monitoring and reporting requirements as outlined in N.J.A.C. 5:80-26.15 et seq. and Chapter 215 of the land development ordinances of the Township of Springfield.
(2) 
A plan for certifying and verifying the income of low- and moderate-income households as per N.J.A.C. 5:80-26.16.
(3) 
Procedures to assure that low- and moderate-income units are initially sold or rented to eligible households and are thereafter similarly resold and re-rented during the period while there are affordability controls as per N.J.A.C. 5:80-26 et seq.
(4) 
The requirement that all newly constructed low- and moderate-income sales or rental units contain deed restrictions with appropriate mortgage liens as set forth in the appendices in N.J.A.C. 5:80-26 et seq.
(5) 
The several sales/purchase options authorized under N.J.A.C. 5.80-26 et seq., except that the Township retains the right to determine by resolution whether or not to prohibit, as authorized under N.J.A.C.5:80-26 et seq., the exercise of the repayment option.
(6) 
The regulations determining whether installed capital improvements will authorize an increase in the maximum sales price; and which items of property may be included in the sales price as per N.J.A.C. 5:80-26.9.
E. 
The developers/owners of any inclusionary site shall be responsible for the experienced affordable housing administrator's administrative fee, affirmative marketing and advertising, and such shall be a condition of Planning Board or Zoning Board approval. Subsequent to the initial sale of an affordable sale unit, the seller of an affordable sale unit shall be responsible for the experienced affordable housing administrator's administrative fee, affirmative marketing and advertising, and such shall be a condition of any affordable housing deed restriction governing the affordable unit.
F. 
Springfield Township reserves the right to replace the experienced affordable housing administrator with another municipal authority or other agency authorized by COAH or the Superior Court to carry out the administrative processes outlined above.
A. 
The administrative agent shall use a random selection process to select occupants of low- and moderate-income housing.
B. 
A waiting list of all eligible candidates will be maintained in accordance with the provisions contained in N.J.A.C. 5:80-26 et seq.
A. 
Springfield Township shall adopt, by resolution, an affirmative marketing plan, subject to approval of COAH, compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented.
B. 
The 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 toward COAH Housing Region 5 and covers the period of deed restriction.
C. 
The affirmative marketing plan shall provide a regional preference for all households that live and/or work in COAH Housing Region 5, comprised of Burlington, Camden and Gloucester Counties.
D. 
The administrative agent designated by Springfield Township shall assure the affirmative marketing of all affordable units consistent with the affirmative marketing plan for the municipality.
E. 
In implementing the affirmative marketing plan, the administrative agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
F. 
The affirmative marketing process for available affordable units shall begin at least four months prior to the expected date of occupancy.
G. 
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 Springfield Township.
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 Springfield 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.
(3) 
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 attorneys' fees. The violating owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.
(4) 
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.
(5) 
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.
(6) 
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.
(7) 
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 which may be referred to the owner by the municipality from any qualified purchaser, 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.
(8) 
The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions governing affordable housing units until such time as title is conveyed from the owner.
A. 
Appeals from all decisions of an administrative agent designated pursuant to this article shall be filed, in writing, with the Executive Director of COAH.
Per N.J.A.C. 5:97-3.14:
A. 
The first floor of all townhouse dwelling units and of all other multistory dwelling units which are affordable to low- or moderate-income households shall be subject to the technical design standards of the Barrier Free Subcode (N.J.A.C. 5:23-7.1 et seq.).
B. 
Each affordable townhouse unit or other affordable multistory dwelling unit that 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 accessible route of travel. An interior accessible route of travel shall not be required between stories;
(4) 
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
(5) 
Accessible entranceways.
(a) 
The developer shall provide an accessible entranceway, as set forth at N.J.A.C. 5:97-3.14, for each affordable townhouse unit or other affordable multistory dwelling unit that is attached to at least one other dwelling unit; or
(b) 
The developer shall provide funds sufficient to make 10% of the adaptable entrances in the development accessible as set forth at N.J.A.C. 5:97-3.14.
C. 
The developer of the project shall submit a conversion plan indicating the steps necessary to convert the unit from being adaptable to accessible. Said plan shall be submitted at the time of issuance of a building permit.
D. 
Where the developer will provide funds sufficient to make 10% of the adaptable entrances in the development accessible, the developer of the project shall submit the following to the Township, at the time of issuance of the building permit, in order to determine the required funds:
(1) 
Funds sufficient to make 10% of the adaptable entrances in the development accessible; and
(2) 
A cost estimate for conversion of 10% of the adaptable entrances in the development to accessible.
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. 5:23-7.1 et seq.) 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 Springfield Township's 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. 5:23-7.1 et seq.) and N.J.A.C. 5:97-3.14.
G. 
In the case of an affordable unit or units which are 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 by the Township.