The purpose of this Article is to set forth the requirements
for the development of housing in the Township that will be affordable
to low and moderate income households.
[Added 9-2-08 by Ord. No. 2008-31]
A. Purpose. The purpose of this section is to create the administrative
mechanisms needed for the execution of Barnegat Township's responsibility
to assist in the provision of affordable housing pursuant to the Fair
Housing Act of 1985.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
ADMINISTRATIVE AGENT
The entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
Barnegat Township to ensure that the restricted units under administration
are affirmatively marketed and sold or rented, as applicable, only
to low- and moderate-income households.
MUNICIPAL HOUSING LIAISON
The employee charged by the Governing Body with the responsibility
for oversight and administration of the affordable housing programs
for Barnegat Township.
C. Establishment of Municipal Housing Liaison Position and Compensation;
Powers and Duties.
(1) Establishment of position of Municipal Housing Liaison. There is
hereby established for the position of Municipal Housing Liaison for
Barnegat Township.
(2) Subject to the approval of the Council on Affordable Housing (COAH),
the Municipal Housing Liaison shall be appointed by the Governing
Body and may be a full or part time municipal employee.
(3) The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for Barnegat Township, including the following responsibilities which may not be contracted out, exclusive of subsection
C(3)(f) which may be contracted out:
(a)
Serving as Barnegat Township's primary point of contact for
all inquiries from the State, affordable housing providers, administrative
agents, and interested households;
(b)
Monitoring the status of all restricted units in Barnegat Township's
Fair Share Plan;
(c)
Compiling, verifying, and submitting annual reports as required
by COAH;
(d)
Coordinating meetings with affordable housing providers and
administrative agents, as applicable;
(e)
Attending continuing education opportunities on affordability
controls, compliance monitoring, and affirmative marketing as offered
or approved by COAH;
(f)
If applicable, serving as the administrative agent for some or all of the restricted units in Barnegat Township as described in subsection
C(6) below.
(4) Subject to approval by COAH, Barnegat Township may contract with or authorize a consultant, authority, government or any agency charged by the Governing Body, which entity shall have the responsibility of administering the affordable housing program of Barnegat Township, except for those responsibilities which may not be contracted out pursuant to subsection
C(3) above. If Barnegat Township contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and Affirmative Marketing Plan, the Municipal Housing Liaison shall supervise the contracting administrative agent.
(5) Compensation. Compensation shall be fixed by the Governing Body at
the time of the appointment of the Municipal Housing Liaison.
(6) Administrative powers and duties assigned to the Municipal Housing
Liaison if Barnegat Township does not appoint an administrative agent.
(a)
Affirmative marketing.
[1]
Conducting an outreach process to insure affirmative marketing
of affordable housing units in accordance with the Affirmative Marketing
Plan of Barnegat Township and the provisions of N.J.A.C. 5:80-26.15;
and
[2]
Providing counseling or contracting to 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.
(b)
Housing certification.
[1]
Soliciting, scheduling, conducting and following up on interviews
with interested households;
[2]
Conducting interviews and obtaining sufficient documentation
of gross income and assets upon which to base a determination of income
eligibility for a low- or moderate-income unit;
[3]
Providing written notification to each applicant as to the determination
of eligibility or noneligibility;
[4]
Requiring that all certified applicants for restricted units
execute a certificate substantially in the form, an applicable, of
either the ownership or rental certificates set forth in Appendices
J and K of N.J.A.C. 5:80-26.1 et seq.;
[5]
Creating and maintaining a referral list of eligible applicant
households living in the housing region and eligible applicant households
with members working in the housing region where the units are located;
and
[6]
Employing the random selection process as provided in the Affirmative
Marketing Plan of Barnegat Township when referring households for
certification to affordable units.
(c)
Affordability controls.
[1]
Furnishing to attorneys or closing agents forms of deed restrictions
and mortgages for recording at the time of conveyance of title of
each restricted unit;
[2]
Creating and maintaining a file on each restricted unit for
its control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate;
[3]
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the appropriate
County's Register of Deeds or County Clerk's office after the termination
of the affordability controls for each restricted unit;
[4]
Communicating with lenders regarding foreclosures; and
[5]
Ensuring the issuance of continuing certificates of occupancy
or certifications pursuant to N.J.A.C. 5:80-26.10.
(d)
Resale and rental.
[1]
Instituting and maintaining an effective means of communicating
information between owners and the administrative agent regarding
the availability of restricted units for resale or rental; and
[2]
Instituting and maintaining an effective means of communicating
information to low- and moderate-income households regarding the availability
of restricted units for resale or re-rental.
(e)
Processing request from unit owners.
[1]
Reviewing and approving requests from owners of restricted units
who wish to take out home equity loans or refinance during the term
of their ownership;
[2]
Reviewing and approving requests to increase sales prices from
owners of restricted units who wish to make capital improvements to
the units that would affect the selling price, such authorizations
to be limited to those improvements resulting in additional bedrooms
or bathrooms and the cost of central air conditioning systems; and
[3]
Processing requests and making determinations on requests by
owners of restricted units for hardship waivers.
(f)
Enforcement.
[1]
Securing annually lists of all affordable housing units for
which tax bills are mailed to absentee owners and notifying all such
owners that they must either move back to their unit or sell it.
[2]
Securing from all developers and sponsors of restricted units,
at the earliest point of contact in the processing of the project
or development, written acknowledgement of the requirement that no
restricted unit can be offered, or in any other way committed, to
any person, other than a household duly certified to the unit by the
administrative agent;
[3]
The posting annually in all rental properties, including two-family
homes, of a notice as to the maximum permitted rent together with
the telephone number of the administrative agent where complaints
of excess rent can be made;
[4]
Sending annual mailings to all owners of affordable dwelling
units, reminding them of the notices and requirements outlined in
N.J.A.C. 5:80-26.18(d)(4);
[5]
Establishing a program for diverting unlawful rent payments
to the municipality's affordable housing trust fund or other appropriate
municipal fund approved by the DCA;
[6]
Creating and publishing a written operating manual, as approved
by COAH, setting forth procedures for administering such affordability
controls; and
[7]
Providing annual reports to COAH as required.
(g)
The administrative agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
[Added 5-24-18 by Ord. No. 2018-15]
A. This Ordinance No. 2018-15 is intended to assure that low- and moderate-income
units ("affordable units") are created with controls on affordability
and that low- and moderate-income households shall occupy these units.
This Ordinance shall apply except where inconsistent with applicable
law.
B. The Township of Barnegat 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 adopted by the Planning
Board and endorsed by the governing body. The Fair Share Plan describes
how Barnegat Township 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).
C. This Ordinance implements the Township's Fair Share Plan, addresses
the requirements of the Court and the terms of the settlement agreement,
and also implements a Township wide requirement that all new multi-family
residential development of five (5) or more units shall have a mandatory
affordable housing set aside for low- and moderate-income units, subject
to certain enumerated conditions.
D. The Township of Barnegat shall track 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 shall be available to the
public at the Municipal Building located on 900 West Bay Avenue, Barnegat,
NJ 08005.
[Added 5-24-18 by Ord. No. 2018-15]
The following terms when used in this Ordinance shall have the
meanings given in this section:
ACCESSORY APARTMENT
Means a self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site.
ACT
Means the Fair Housing Act of 1985, P.L. 1985, c. 222
[N.J.S.A. 52:27D-301 et seq.]
ADAPTABLE
Means constructed in compliance with the technical design
standards of the Barrier Free Sub-code, N.J.A.C. 5:23-7.
ADMINISTRATIVE AGENT
Means the entity responsible for the administration of affordable
units in accordance with this ordinance, 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
Means 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
Means the average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
AFFORDABLE
Means, 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 HOUSING DEVELOPMENT
Means 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 structure that provides for-sale or rental dwelling units
for low & moderate income households within a residential use,
structure, supportive or special needs dwelling, or residential component
of a mixed-use development in accordance with the requirements of
the Township of Barnegat's affordable housing ordinances and Housing
Element & Fair Share Plan.
AFFORDABLE HOUSING PROGRAM(S)
Means any mechanism in a municipal Fair Share Plan prepared
or implemented to address a municipality's fair share obligation.
AFFORDABLE UNIT
Means 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
Means 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
Means a housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: 1) all the residents of the development where the unit
is situated are 62 years or older; or 2) at least 80 percent of the
units are occupied by one person that is 55 years or older; or 3)
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
Means 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
Means a household that has been certified by an Administrative
Agent as a low-income household or moderate-income household.
THE DEPARTMENT
Means 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
Means the State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT
Means 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
Means 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
Means 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.
FUEL AND CONVENIENCE STORE
An automobile filling station and convenience store located
on the same lot and planned and operated and maintained as an integrated
operation under common ownership. Typically, a retail store designed
to and stocked to sell primarily fresh and pre-packaged food, beverages
and other household/personal use items to the public in addition to
the retail sale of fuel products, including but not limited to gasoline,
diesel, and liquefied petroleum gas, but where no automotive repair
or vehicle sales are undertaken. A fuel station and convenience center
can operate 24 hours a day.
[Added 12-5-2023 by Ord. No. 2023-35]
INCLUSIONARY DEVELOPMENT
Means a development containing both affordable units and
market rate units. Inclusionary developments that has five or more
units must have a minimum twenty percent set aside of affordable units
if it is for sale and a minimum fifteen percent set aside for rentals.
This term includes, but is not necessarily limited to: new construction,
the conversion of a non-residential structure to residential and the
creation of new affordable units through the reconstruction of a vacant
residential structure.
LOW-INCOME HOUSEHOLD
Means a household with a total gross annual household income
equal to 50 percent or less of the median household income.
LOW-INCOME UNIT
Means a restricted unit that is affordable to a low-income
household.
MAJOR SYSTEM
Means 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 UNITS
Means housing not restricted to low- and moderate-income
households that may sell or rent at any price.
MEDIAN INCOME
Means the median income by household size for the applicable
county, as adopted annually by the Department.
MODERATE-INCOME HOUSEHOLD
Means a household with a total gross annual household income
in excess of 50 percent but less than 80 percent of the median household
income.
MIXED-USE DEVELOPMENT
Means a structure or building that encompasses two or more
different land uses, which shall be a retail or commercial component
and a residential component, whereby any commercial use must be on
the ground floor of said building or structure and the upper levels
of the structure shall be the residential component and shall provide
low and moderate income units, for-sale or rental, in accordance with
the requirements of the Township of Barnegat's affordable housing
ordinances and Housing Element & Fair Share Plan.
NON-EXEMPT SALE
Means 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
Means 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
Means the maximum housing value in each housing region affordable
to a four-person household with an income at 80 percent of the regional
median as defined by the Department's adopted Regional Income Limits
published annually by the Department.
REHABILITATION
Means the repair, renovation, alteration or reconstruction
of any building or structure, pursuant to the Rehabilitation Sub-code,
N.J.A.C. 5:23-6.
RENT
Means 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
Means a dwelling unit, whether a rental unit or ownership
unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
UHAC
Means the Uniform Housing Affordability Controls set forth
in N.J.A.C. 5:80-26.1 et seq.
VERY LOW-INCOME HOUSEHOLD
Means a household with a total gross annual household income
equal to 30 percent or less of the median household income.
WEATHERIZATION
Means 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.
[Added 5-24-18 by Ord. No. 2018-15]
The Township of Barnegat will use the following mechanisms to
satisfy its affordable housing obligations:
A. Rehabilitation Program.
(1)
The Township of Barnegat and Fair Share Housing Center have
agreed upon a rehabilitation program of eighty-six (86) units. The
Township will create and administer both a rental and owner occupied
rehabilitation program to satisfy its 86 unit present need obligation.
A Spending Plan will be prepared and adopted by the Township that
shall outline the schedule and expenditures through 2025 to realize
86 rehabilitated units. The Spending Plan will be funded through the
Township's existing Developer Fee Ordinance and payments in lieu where
appropriate. The Administrative Agent shall be responsible for submitting
the rehabilitation program manuals and documenting each rehabilitation
application and documents thoroughly. Any renovation of deficient
housing units to be occupied by low- and moderate-income households
will comply with the New Jersey State Housing Code pursuant to N.J.A.C.
5:28.
(2)
All rehabilitated rental or owner-occupied units shall remain
affordable to low- and moderate-income households for a period of
10 years (the control period). For owner-occupied units, the control
period will be enforced with a lien and for renter occupied units
the control period will be enforced with a deed restriction.
(3)
The Township of Barnegat shall dedicate an average of $10,000
for each unit to be rehabilitated through this program, reflecting
the minimum hard cost of rehabilitation for each unit.
(4)
The Township of Barnegat shall designate, subject to the approval
of the Court, one Administrative Agent to administer the rehabilitation
program in accordance with N.J.A.C. 5:91 and N.J.A.C. 5:93. The Administrative
Agent shall provide rehabilitation manual for both rental and owner
occupant rehabilitations. These manuals when created will be reviewed
by the governing body and adopted by resolution subject to approval
of the Court. Both rehabilitation manuals shall be available for public
inspection in the Office of the Municipal Clerk and in the Office
of the Administrative Agent.
(5)
Units in a rehabilitation program shall be exempt from N.J.A.C.
5:93-9 and Uniform Housing Affordability Controls (UHAC), but shall
be administered in accordance with the following:
(a)
If a unit is vacant, upon initial rental subsequent to rehabilitation,
or if a renter occupied unit is re-rented prior to the end of controls
on affordability, the deed restriction shall require the unit to be
rented to a low- or moderate-income household at an affordable rent
and affirmatively marketed pursuant to N.J.A.C. 5:93-9 and UHAC.
(b)
If a unit is renter-occupied, upon completion of the rehabilitation,
the maximum rate of rent shall be the lesser of the current rent or
the maximum permitted rent pursuant to N.J.A.C. 5:93-9 and UHAC.
(c)
Rents in rehabilitated units may increase annually based on
the standards in N.J.A.C. 5:93-9.
(d)
Applicant and/or tenant households shall be certified as income-eligible
in accordance with N.J.A.C. 5:93-9 and UHAC, except that households
in owner occupied units shall be exempt from the regional asset limit.
B. Accessory Apartments Program.
(1)
Purpose. The purpose of this section is to establish provisions
to regulate an accessory apartment program and to implement the mechanisms
set forth in the Township Fair Share Plan.
(2)
Accessory apartments in the TC-CV and TC-CPHD Zones shall meet
the following conditions:
(a)
Accessory apartments are permitted by the Zoning Ordinance in
the TC-CV and TC-CPHD Zoning Districts, provided that a minimum of
twenty percent (20%) of the units be affordable to very-low-, low-
and/or moderate-income households, with a minimum of one (1) affordable
unit in all developments containing accessory apartments.
(b)
Accessory apartments shall comply with all applicable statutes
and regulations of the State of New Jersey in addition to all building
codes.
(c)
At the time of initial occupancy of the unit and for at least
ten years thereafter, the accessory apartment shall be rented only
to a household which is either a low- or moderate-income household.
(d)
Rents of accessory apartments shall be affordable to low- or
moderate-income households as per applicable affordable housing regulations,
including the UHAC regulations.
(e)
There shall be a recorded deed or declaration of covenants and
restrictions applied to the property upon which the accessory apartment
is located running with the land and limiting its subsequent rental
or sale of the unit and the accessory apartment.
(f)
The appropriate utility authority must certify that there is
water and sewer infrastructure with sufficient capacity to serve the
proposed accessory apartment. Where the proposed location is served
by an individual well and/or septic system, the additional capacity
necessitated by the new unit must meet the appropriate NJDEP standards.
(g)
The Township accessory apartment program shall not restrict
the number of bedrooms in any accessory apartment.
(h)
No accessory apartment created as a result of this section or
these regulations shall exceed the gross floor area of the existing
principal dwelling on the lot.
(i)
Municipal building permit fees shall be waived in all cases
involving affordable accessory apartment development under this section.
An annual license and inspection fee, if required, shall be paid by
unit owners.
(3)
The maximum number of creditable accessory apartments shall
be equal to no more than 10 or an amount equal to 10 percent of the
Barnegat's fair share obligation, whichever is greater (additional
units may be approved by the court if the Township demonstrates successful
completion of its accessory apartment program.).
(4)
The Township shall designate an administrative entity to administer
the accessory apartment program that shall have the following responsibilities:
(a)
The Administrative Agent shall administer the accessory apartment
program, including advertising, income qualifying prospective renters,
setting rents and annual rent increases, maintaining a waiting list,
distributing the subsidy, securing certificates of occupancy, qualifying
properties, handling application forms, filing deed restrictions and
monitoring reports and affirmatively marketing the affordable accessory
apartment program in accordance with the UHAC.
(b)
The administrative entity shall only deny an application for
an accessory apartment if the project is not in conformance with applicable
affordable housing requirements and/or the provisions of this section/article.
All denials shall be in writing with the reasons clearly stated.
(c)
In accordance with applicable affordable housing requirements,
Barnegat Township shall provide at least $25,000 per unit to subsidize
the creation of each low-income accessory apartment or $20,000 per
unit to subsidize the creation of each moderate-income accessory apartment.
Subsidy may be used to fund actual construction costs and/or to provide
compensation for reduced rental rates.
(5)
Property owners wishing to apply to create an accessory apartment
shall submit to the administrative entity:
(a)
A sketch of floor plan(s) showing the location, size and relationship
of both the accessory apartment and the primary dwelling within the
building or in another structure;
(b)
Rough elevations showing the modifications of any exterior building
façade to which changes are proposed; and
(c)
A site development sketch showing the location of the existing
dwelling and other existing buildings; all property lines; proposed
addition, if any, along with the minimum building setback lines; the
required parking spaces for both dwelling units; and any man-made
conditions which might affect construction.
C. Percentage of Mandatory Set Asides for All Future Residential Developments.
If the Township permits the construction of multi-family or single-family attached residential development that is "approvable" and "developable," as defined at N.J.A.C. 5:93-1.3, at a gross residential density of 6 units to the acre or more, the Township shall require that an appropriate percentage of the residential units be set aside for low and moderate income households. This requirement shall apply beginning with the effective date of this Ordinance to any multi-family or single-family attached residential development, including the residential portion of a mixed-use development, which consists of five (5) or more new residential units, whether permitted by a zoning amendment, a variance granted by the Township's Planning or Zoning Board, or adoption of a Redevelopment Plan or amended Redevelopment Plan in areas in need of redevelopment or rehabilitation. For inclusionary projects in which the low and moderate units are to be offered for sale, the appropriate set-aside percentage is 20 percent; for projects in which the low and moderate income units are to be offered for rent, the appropriate set-aside percentage is 15 percent. This requirement does not create any entitlement for a property owner or applicant for a zoning amendment, variance, or adoption of a Redevelopment Plan or amended Redevelopment Plan in areas in need of redevelopment or rehabilitation, or for approval of any particular proposed project. This requirement does not apply to any sites or specific zones otherwise identified in the Settlement Agreement or Fair Share Plan, for which density and set-aside standards shall be governed by the specific standards set forth therein, though all other provisions of this Ordinance besides Section
55-355.3B shall be applicable to those sites unless otherwise specified.
Furthermore, this section shall not apply to developments containing
four (4) or less dwelling units. All subdivision and site plan approvals
of qualifying residential developments shall be conditioned upon compliance
with the provisions of this section. Where a developer demolishes
existing dwelling units and builds new dwelling units on the same
site, the provisions of this section shall apply only if the net number
of dwelling units is five (5) or more.
D. Phasing. Inclusionary developments shall be subject to the following
schedule, except where an alternate phasing schedule has been incorporated
into a development or redevelopment agreement:
Minimum Percentage of Low- and Moderate-Income Units Completed
|
Maximum Percentage of Market-Rate Units Completed
|
---|
0
|
25
|
10
|
25 + 1 Unit
|
50
|
50
|
75
|
75
|
100
|
90
|
E. Fractional Units. If 20 percent of the total number of units in a
development results in a fraction or decimal, the developer shall
be required to provide an additional affordable unit on site.
Example: an 8-unit development requiring an affordable housing
set-aside of 1.6 units is proposed. The developer is required to provide
two on-site affordable units.
F. Design. In inclusionary developments, to the extent possible, low-
and moderate-income units shall be integrated with the market units.
G. Off-Site Construction. The standards for constructing affordable
units off-site, shall be in accordance with the Township's recommendations,
provided that at least the same number of affordable units are provided,
at least half of the affordable units are available to families, and
not more than 25% are age-restricted, and the affordable units provided
are otherwise consistent with the terms of the Settlement Agreement.
H. Utilities. Affordable units shall utilize the same type of heating
source as market units within the affordable development.
[Added 5-24-18 by Ord. No. 2018-15]
The following general guidelines apply to all newly constructed
developments that contain low-and moderate-income housing units, including
any currently unanticipated future developments that will provide
low- and moderate-income housing units.
A. Low/Moderate Split and Bedroom Distribution of Affordable Housing
Units:
(1)
The fair share obligation shall be divided equally between low-
and moderate-income units, except that where there is an odd number
of affordable housing units, the extra unit shall be a low income
unit.
(2)
In each affordable development, at least 50 percent of the restricted
units within each bedroom distribution shall be low-income units.
If there is only one affordable unit it must be a low income unit.
(3)
Thirteen percent (13%) of all affordable units approved or constructed
since July 17, 2008 in the Township shall be designated as very-low
income households at 30% of the median income, with at least fifty
percent (50%) of all very-low income units being available to families.
If an inclusionary development proposes less than 10 total units,
a payment in lieu of the cost of subsidizing a very low income unit
shall be deposited into the Township's Affordable Housing Trust Fund
based on the difference in cost between providing a very low income
unit and the region's affordability average. Very-low income units
shall be considered low-income units for the purposes of evaluating
compliance with the required low/moderate income unit splits, bedroom
distribution, and phasing requirements of this ordinance.
(4)
Affordable developments that are not age-restricted shall be
structured in conjunction with realistic market demands such that:
(a)
The combined number of efficiency and one-bedroom units shall
be no greater than 20 percent of the total low- and moderate-income
units;
(b)
At least 30 percent of all low- and moderate-income units shall
be two bedroom units;
(c)
At least 20 percent of all low- and moderate-income units shall
be three bedroom units; and
(d)
The remaining units may be allocated among two and three bedroom
units at the discretion of the developer.
(5)
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
The standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
B. Accessibility Requirements:
(1)
The first floor of all restricted townhouse dwelling units and
all restricted units in all other multistory buildings shall be subject
to the technical design standards of the Barrier Free Sub-code, N.J.A.C.
5:23-7.
(2)
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
(a)
An adaptable toilet and bathing facility on the first floor;
(b)
An adaptable kitchen on the first floor;
(c)
An interior accessible route of travel on the first floor;
(d)
An interior accessible route of travel shall not be required
between stories within an individual unit;
(e)
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
(f)
An accessible entranceway as set forth at P.L. 2005, c. 350
(N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Sub-code, N.J.A.C.
5:23-7, or evidence that the Township of Barnegat has collected funds
from the developer sufficient to make ten percent (10%) of the adaptable
entrances in the development accessible:
[a] Where a unit has been constructed with an adaptable
entrance, upon the request of a disabled person who is purchasing
or will reside in the dwelling unit, an accessible entrance shall
be installed.
[b] To this end, the builder of restricted units shall
deposit funds within the Township's Affordable Housing Trust Fund
sufficient to install accessible entrances in ten percent (10%) of
the affordable units that have been constructed with adaptable entrances.
[c] The funds deposited under paragraph B above shall
be used by the Township of Barnegat for the sole purpose of making
the adaptable entrance of any affordable unit accessible when requested
to do so by a person with a disability who occupies or intends to
occupy the unit and requires an accessible entrance.
[d] The developer of the restricted units shall submit
a design plan and cost estimate for the conversion from adaptable
to accessible entrances to the Construction Official of the Township.
[e] Once the Construction Official has determined that
the design plan to convert the unit entrances from adaptable to accessible
meet the requirements of the Barrier Free Sub-code, N.J.A.C. 5:23-7,
and that the cost estimate of such conversion is reasonable, payment
shall be made to the Township's Affordable Housing Trust Fund where
the funds shall be 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 Sub-code, N.J.A.C. 5:23-7.
C. Maximum Rents and Sales Prices.
(1)
In establishing rents and sales prices of affordable housing
units, the administrative agent shall follow the procedures set forth
in UHAC utilizing the regional income limits established by the New
Jersey Department of Community Affairs (DCA) or other agency as required
by the Court.
(2)
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60 percent of median income, and the average rent for restricted low-
and moderate-income units shall be affordable to households earning
no more than 52 percent of median income.
(3)
The developers and/or municipal sponsors of restricted rental
units shall establish at least one rent for each bedroom type for
both low-income and moderate-income units.
(a)
At least thirteen percent (13%) of all low- and moderate-income
dwelling units shall be affordable to households earning no more than
30 percent of median income.
(4)
The maximum sales price of restricted ownership units within
each affordable development shall be affordable to households earning
no more than 70 percent of median income, and each affordable development
must achieve an affordability average of 55 percent for restricted
ownership units; in achieving this affordability average, moderate-income
ownership units must be available for at least three different prices
for each bedroom type, and low-income ownership units must be available
for at least two different prices for each bedroom type.
(5)
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units other
than assisted living facilities, the following standards shall be
used:
(a)
A studio shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one and one-half
person household;
(c)
A two-bedroom unit shall be affordable to a three-person household;
(d)
A three-bedroom unit shall be affordable to a four and one-half
person household; and
(e)
A four-bedroom unit shall be affordable to a six-person household.
(f)
In determining the initial rents for compliance with the affordability
average requirements for restricted units in assisted living facilities,
the following standards shall be used:
(6)
In determining the initial rents for compliance with the affordability
average requirements for restricted units in assisted living facilities,
the following standards shall be used:
(a)
A studio shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one and one-half
person household; and
(c)
A two-bedroom unit shall be affordable to a two-person household
or to two one-person households.
(7)
The initial purchase price for all restricted ownership units
shall be calculated so that the monthly carrying cost of the unit,
including principal and interest (based on a mortgage loan equal to
95 percent 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 percent
of the eligible monthly income of the appropriate size household as
determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented;
provided, however, that the price shall be subject to the affordability
average requirement of N.J.A.C. 5:80- 26.3, as may be amended and
supplemented.
(8)
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30 percent of the eligible monthly income of the
appropriate household size as determined under N.J.A.C. 5:80-26.4,
as may be amended and supplemented; provided, however, that the rent
shall be subject to the affordability average requirement of N.J.A.C.
5:80-26.3, as may be amended and supplemented.
(9)
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.
(10)
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
nine percent 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.
(11)
Utilities. Tenant-paid utilities that are included in the utility
allowance shall be so stated in the lease and shall be consistent
with the utility allowance approved by DCA for its Section 8 program.
[Added 5-24-18 by Ord. No. 2018-15]
A. The Township of Barnegat shall adopt by resolution an Affirmative
Marketing Plan, subject to approval of the Court, 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 Housing Region 4 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 Housing Region 4.
D. The Administrative Agent designated by the Township of Barnegat 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 carried out by the Administrative Agent of the Township of Barnegat,
including all costs related to correspondence with applicants, preliminary
application review, coordination and hosting of the lottery, and related
items, shall be the responsibility of the developer, sponsor or owner,
unless otherwise determined or agreed to by the Township.
[Amended 11-5-2020 by Ord. No. 2020-15]
[Added 11-5-2020 by Ord.
No. 2020-15]
A. The following fees shall be paid by the developer, sponsor, owner,
or landlord, as applicable, of an affordable housing unit:
(1)
Rerental of an affordable rental unit: A fee of $600 shall be
paid by the landlord within 10 calendar days of the signing of a lease
for rerental of affordable housing unit.
(2)
Resale of an owner-occupied affordable housing unit: A fee of
$1,250 shall be paid at the time of the closing for resale of an affordable
housing unit.
(3)
Refinance of an owner-occupied affordable housing unit: A fee
of $600 shall be paid at the time of the loan closing for refinancing
of an affordable housing unit.
[Added 5-24-18 by Ord. No. 2018-15]
A. In referring certified households to specific restricted units, to
the extent feasible, and without causing an undue delay in occupying
the unit, the Administrative Agent shall strive to:
(1)
Provide an occupant for each bedroom;
(2)
Provide children of different sex with separate bedrooms; and
(3)
Prevent more than two persons from occupying a single bedroom.
B. Additional provisions related to occupancy standards (if any) shall
be provided in the municipal Operating Manual.
[Added 5-24-18 by Ord. No. 2018-15]
A. Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80- 26.5, as may be amended and supplemented, and
each restricted ownership unit shall remain subject to the requirements
of this Ordinance until the Township of Barnegat elects to release
the unit from such requirements however, and prior to such an election,
a restricted ownership unit must remain subject to the requirements
of N.J.A.C. 5:80-26.1, as may be amended and supplemented, for at
least 30 years.
B. The affordability control period for a restricted ownership unit
shall commence on the date the initial certified household takes title
to the unit.
C. Prior to the issuance of the initial certificate of occupancy for
a restricted ownership unit and upon each successive sale during the
period of restricted ownership, the administrative agent shall determine
the restricted price for the unit and shall also determine the non-restricted,
fair market value of the unit based on either an appraisal or the
unit's equalized assessed value.
D. At the time of the first sale of the unit, the purchaser shall execute
and deliver to the Administrative Agent a recapture note obligating
the purchaser (as well as the purchaser's heirs, successors and assigns)
to repay, upon the first non-exempt sale after the unit's release
from the requirements of this Ordinance, an amount equal to the difference
between the unit's non-restricted fair market value and its restricted
price, and the recapture note shall be secured by a recapture lien
evidenced by a duly recorded mortgage on the unit.
E. The affordability controls set forth in this Ordinance shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
F. A restricted ownership unit shall be required to obtain a Continuing
Certificate of Occupancy or a certified statement from the Construction
Official stating that the unit meets all code standards upon the first
transfer of title that follows the expiration of the applicable minimum
control period provided under N.J.A.C. 5:80-26.5(a), as may be amended
and supplemented.
[Added 5-24-18 by Ord. No. 2018-15]
Price restrictions for restricted ownership units shall be in
accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
including:
A. The initial purchase price for a restricted ownership unit shall
be approved by the Administrative Agent.
B. The Administrative Agent shall approve all resale prices, in writing
and in advance of the resale, to assure compliance with the foregoing
standards.
C. The method used to determine the condominium association fee amounts
and special assessments shall be indistinguishable between the low-
and moderate-income unit owners and the market unit owners.
D. The owners of restricted ownership units may apply to the Administrative
Agent to increase the maximum sales price for the unit on the basis
of capital improvements. Eligible capital improvements shall be those
that render the unit suitable for a larger household or the addition
of a bathroom.
[Added 5-24-18 by Ord. No. 2018-15]
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 percent of
median income and moderate-income ownership units shall be reserved
for households with a gross household income less than 80 percent
of median income.
B. The Administrative Agent shall certify a household as eligible for
a restricted ownership unit when the household is a low-income household
or a moderate-income household, as applicable to the unit, and the
estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowner association fees, as applicable) does
not exceed 33 percent of the household's certified monthly income.
[Added 5-24-18 by Ord. No. 2018-15]
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 percent 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).
[Added 5-24-18 by Ord. No. 2018-15]
A. Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this Ordinance until the Township of Barnegat elects to release
the unit from such requirements pursuant to action taken in compliance
with N.J.A.C. 5:80-26.1, as may be amended and supplemented, and prior
to such an election, a restricted rental unit must remain subject
to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented,
for at least 30 years.
B. Deeds of all real property that include restricted rental units shall
contain deed restriction language. The deed restriction shall have
priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of the County of Ocean. A copy of the filed document shall be provided
to the Administrative Agent within 30 days of the receipt of a Certificate
of Occupancy.
C. A restricted rental unit shall remain subject to the affordability
controls of this Ordinance, despite the occurrence of any of the following
events:
(1)
Sublease or assignment of the lease of the unit;
(2)
Sale or other voluntary transfer of the ownership of the unit;
or
(3)
The entry and enforcement of any judgment of foreclosure.
[Added 5-24-18 by Ord. No. 2018-15]
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 five percent 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 Ordinance.
[Added 5-24-18 by Ord. No. 2018-15]
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 percent of
median income.
(2)
Low-income rental units shall be reserved for households with
a gross household income less than or equal to 50 percent of median
income.
(3)
Moderate-income rental units shall be reserved for households
with a gross household income less than 80 percent of median income.
B. The Administrative Agent shall certify a household as eligible for
a restricted rental unit when the household is a very low-income,
low-income household or a moderate-income household, as applicable
to the unit, and the rent proposed for the unit does not exceed 35
percent (40 percent for age-restricted units) of the household's eligible
monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may
be amended and supplemented; provided, however, that this limit may
be exceeded if one or more of the following circumstances exists:
(1)
The household currently pays more than 35 percent (40 percent
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 percent (40
percent 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 paragraphs B. (1) through (5) above
with the Administrative Agent, who shall counsel the household on
budgeting.
[Added 5-24-18 by Ord. No. 2018-15]
A. The position of Municipal Housing Liaison (MHL) for the Township
of Barnegat is established by this Ordinance. The Township shall make
the actual appointment of the MHL by means of a resolution.
(1)
The MHL must be either a full-time or part-time employee of
Barnegat.
(2)
The person appointed as the MHL must be reported to the Court
and thereafter posted on the Township's website.
(3)
The MHL must meet all the requirements for qualifications, including
initial and periodic training.
(4)
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Township
of Barnegat, including the following responsibilities which may not
be contracted out to the Administrative Agent:
(a)
Serving as the municipality's primary point of contact for all
inquiries from the State, affordable housing providers, Administrative
Agents and interested households;
(b)
The implementation of the Affirmative Marketing Plan and affordability
controls.
(c)
When applicable, supervising any contracting Administrative
Agent.
(d)
Monitoring the status of all restricted units in the Township's
Fair Share Plan;
(e)
Compiling, verifying and submitting annual reports as required;
(f)
Coordinating meetings with affordable housing providers and
Administrative Agents, as applicable; and
(g)
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing as offered
or approved by the Affordable Housing Professionals of New Jersey
(AHPNJ).
B. The Township of Barnegat shall designate by resolution of the Township
Committee, subject to the approval of the Court, one or more Administrative
Agents to administer newly constructed affordable units in accordance
with N.J.A.C. 5:91, N.J.A.C. 5:93 and UHAC.
C. An Operating Manual shall be provided by the Administrative Agent(s)
to be adopted by resolution of the governing body. The Operating Manuals
shall be available for public inspection in the Office of the Municipal
Clerk and in the office(s) of the Administrative Agent(s).
D. The Administrative Agent shall perform the duties and responsibilities
of an administrative agent as are set forth in UHAC, including those
set forth in N.J.A.C. 5:80-26.14, 16 and 18 thereof, which includes:
(1)
Attending continuing education opportunities on affordability
controls, compliance monitoring, and affirmative marketing as offered
or approved by the Affordable Housing Professionals of New Jersey
(AHPNJ);
(7)
Processing requests from unit owners; and
(8)
Enforcement, though the ultimate responsibility for retaining
controls on the units rests with the municipality.
(9)
The Administrative Agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities, hereunder.
E. The Administrative Agent shall also implement the rehabilitation
program, affordability assistance program, and any other affordable
housing programs required within the Spending Plan and adopted Housing
Plan Element and Fair Share Plan.
[Added 5-24-18 by Ord. No. 2018-15]
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 $10,000.00 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 Township of Barnegat Affordable Housing Trust
Fund of the gross amount of rent illegally collected;
(c)
In the case of an Owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment of an innocent tenant's reasonable relocation costs,
as determined by the court.
(2)
The municipality may file a court action in the Superior Court
seeking a judgment, which would result in the termination of the Owner's
equity or other interest in the unit, in the nature of a mortgage
foreclosure. Any judgment shall be enforceable as if the same were
a judgment of default of the First Purchase Money Mortgage and shall
constitute a lien against the low- and moderate-income unit.
C. Such judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating Owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any First Purchase Money Mortgage and prior liens and
the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating Owner shall have the right
to possession terminated as well as the title conveyed pursuant to
the Sheriff's sale.
D. The proceeds of the Sheriff's sale shall first be applied to satisfy
the First Purchase Money Mortgage lien and any prior liens upon the
low- and moderate-income unit. The excess, if any, shall be applied
to reimburse the municipality for any and all costs and expenses incurred
in connection with either the court action resulting in the judgment
of violation or the Sheriff's sale. In the event that the proceeds
from the Sheriff's sale are insufficient to reimburse the municipality
in full as aforesaid, the violating Owner shall be personally responsible
for and to the extent of such deficiency, in addition to any and all
costs incurred by the municipality in connection with collecting such
deficiency. In the event that a surplus remains after satisfying all
of the above, such surplus, if any, shall be placed in escrow by the
municipality for the Owner and shall be held in such escrow for a
maximum period of two (2) years or until such earlier time as the
Owner shall make a claim with the municipality for such. Failure of
the Owner to claim such balance within the two-year period shall automatically
result in a forfeiture of such balance to the municipality. Any interest
accrued or earned on such balance while being held in escrow shall
belong to and shall be paid to the municipality, whether such balance
shall be paid to the Owner or forfeited to the municipality.
E. Foreclosure by the municipality due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the Sheriff's sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The Owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the Sheriff's sale shall not be entitled to any right of redemption.
F. If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the First Purchase Money Mortgage and any
prior liens, the municipality may acquire title to the low- and moderate-income
unit by satisfying the First Purchase Money Mortgage and any prior
liens and crediting the violating owner with an amount equal to the
difference between the First Purchase Money Mortgage and any prior
liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the low- and moderate-income
unit could have been sold under the terms of the regulations governing
affordable housing units. This excess shall be treated in the same
manner as the excess which would have been realized from an actual
sale as previously described.
G. Failure of the low- and moderate-income unit to be either sold at
the Sheriff's sale or acquired by the municipality shall obligate
the Owner to accept an offer to purchase from any qualified purchaser
which may be referred to the Owner by the municipality, with such
offer to purchase being equal to the maximum resale price of the low-
and moderate-income unit as permitted by the regulations governing
affordable housing units.
H. The Owner shall remain fully obligated, responsible and liable for
complying with the terms and restrictions of governing affordable
housing units until such time as title is conveyed from the Owner.
[Added 5-24-18 by Ord. No. 2018-15]
Appeals from all decisions of an Administrative Agent designated
pursuant to this Ordinance No. 2018-15 shall be filed with the Superior
Court of New Jersey, Ocean County.
[Added 5-24-18 by Ord. No. 2018-15]
The remainder of all other sections and subsections of the aforementioned
ordinance not specifically amended by this Ordinance No. 2018-15 shall
remain in full force and effect.
[Added 5-24-18 by Ord. No. 2018-15]
All other ordinances or parts thereof inconsistent with the
provisions of this Ordinance are hereby repealed as to such inconsistency.
[Added 5-24-18 by Ord. No. 2018-15]
If any section, paragraph, subdivision, clause or provision
of this Ordinance No. 2018-15 shall be adjudged invalid, such adjudication
shall apply only to the section, paragraph, subdivision, clause or
provision so adjudged and the remainder of this Ordinance shall be
deemed valid and effective..
[Added 5-24-18 by Ord. No. 2018-15]
This Ordinance No. 2018-15 shall take effect upon its passage
and publication according to law.