The New Jersey Legislature, in passing the Fair Housing Act (P.L. 1985, c. 222),[1] has authorized municipalities and their duly elected governing bodies to adopt ordinances providing for the realistic opportunity for their low- and moderate-income citizens and, in certain cases, citizens of the region wherein they lie and the State of New Jersey, to obtain sound, safe, and affordable shelter. In furtherance of the aforementioned authority, the Township Committee of the Township of Lebanon, does hereby ordain as follows.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
[Amended 4-4-2018 by Ord. No. 2018-02]
A. 
The New Jersey Supreme Court has ruled that each municipality has a constitutional obligation to provide a realistic opportunity for the provision of housing for low- and moderate-income households in fulfillment of the housing needs of the region wherein it is located.
B. 
The Lebanon Township Planning Board has adopted a Housing Plan Element and Fair Share Plan of the Master Plan as required by the Fair Housing Act and pursuant to the Municipal Land Use Law (N.J.S.A. 40:55d-1 et seq.); said Housing Plan Element provides the framework for this chapter. The Housing Plan Element has been endorsed by the governing body. The Housing Element describes the ways the Township of Lebanon shall address its fair share for low- and moderate-income housing as documented in the Housing Element and outlined in the terms of the settlement agreement between the Township and Fair Share Housing Center ("FSHC") in the Matter of the Application of the Township of Lebanon, County of Hunterdon, Docket No. HNT-299-15 (the "settlement agreement").
C. 
The Superior Court of the State of New Jersey, Hunterdon County approved a settlement agreement between the Township and Fair Share Housing Center via a fairness hearing on September 12, 2017 in the case captioned In the Matter of the Application of the Township of Lebanon, Docket No. HNT-L-299-15. Pursuant to the settlement agreement, the Township must seek approval from the Court of its Housing Plan Element referenced above via a Compliance Hearing, to be held after adoption of this Fair Housing Ordinance.
D. 
This chapter shall not become effective until the Court approves the Township's Housing Plan Element and issues a judgement of repose.
[Amended by Ord. No. 2001-45; 4-4-2018 by Ord. No. 2018-02]
A. 
The purpose of this chapter is to meet Lebanon Township's fair share housing obligation as set forth in the settlement agreement. This chapter provides for the rehabilitation of three existing residential units located within the Township which are deemed by the Construction Code Official to meet the criteria for eligibility as set forth herein, and through an accessory apartment program providing for one unit and a municipally sponsored market to affordable program providing for one unit. Funding for the above-referenced programs shall be provided by the Township through one or more of the following means:
(1) 
A Housing Trust Fund, established by the Township in conjunction with the Township's approved Development Fee Ordinance.[1]
[1]
Editor's Note: See Ch. 110, Art. I, Development Fee.
(2) 
Grants in aid from the State of New Jersey DCA Balanced Housing Program or NJHMFA Affordable Housing Program or such other program(s) as may be available under state sponsorship.
(3) 
Grants in aid from the County of Hunterdon as may be available from time to time during the implementation of this chapter.
(4) 
Municipal appropriation, as necessary if no other funds as outlined above are available. Each fiscal year, the Township Committee shall include the necessary sum in the municipal budget in order to ensure sufficient funds for program operations during the year.
A. 
All definitions contained in N.J.A.C. 5:96-1.1 et seq., as may be amended by the decision in In re Adoption of N.J.A.C. 5:96 and 5:97 by N.J. Council on Affordable Housing, 221 N.J. 1 (2015) ("Mount Laurel IV") or a court of competent jurisdiction, Procedural Rules of the New Jersey Council on Affordable Housing, and N.J.A.C. 5:97-1.1. et seq., as may be amended by the decision in Mount Laurel IV or a court of competent jurisdiction, Substantive Rules of the New Jersey Council on Affordable Housing, are hereby incorporated and adopted as if set forth in full herein. For convenience, the following definitions are provided for reference purposes. In the event of any conflict or amendment to the New Jersey Administrative Code (N.J.A.C.), the definitions and rules duly promulgated pursuant to the Administrative Procedures Act shall govern this chapter.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY APARTMENT
A dwelling unit authorized under this chapter for the sole purpose of fulfilling the Township's obligation for its fair share of the regional low- and moderate-income housing need under rules and regulations established by COAH. Such units are limited in number and are authorized for this special case for periods of time identified in this chapter.
ACT
The Fair Housing Act (P.L. 1985, Chapter 222).
ADMINISTRATIVE AGENT
The person or entity responsible for administering the affordability controls of this section as designated by N.J.A.C. 5:80-26.14.
AFFORDABLE
A sales price or rent within the means of a low- or moderate-income household as defined in COAH's rules, specifically 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 COAH's rules, specifically, N.J.A.C. 5:80-26.12, as may be amended and supplemented.
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.).
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.).
HOUSEHOLD
A person or persons occupying a housing unit, whether the owner or tenant of the unit.
LOW-INCOME HOUSING
Housing affordable according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the housing is located.
MODERATE-INCOME HOUSING
Housing affordable according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by household with a gross household income equal to more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the housing is located.
PROGRAM
The administration and assistance provided under this chapter to rehabilitate housing units that are substandard, create accessory apartments, and to fund the conversion of market units to affordable units.
REHABILITATED UNIT
A previously substandard unit which has undergone significant renovation to meet the municipal or other applicable housing code standards.
SETTLEMENT AGREEMENT
A settlement agreement between the Township and Fair Share Housing Center ("FSHC") in the Matter of the Application of the Township of Lebanon, County of Hunterdon, Docket No. HNT-299-15.
SUBSTANDARD 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 a roof, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems) and/or a load bearing structural system.
SURROGATE
A census indicator of deficient housing.
UHAC
The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.