Prior ordinance history: Ordinance Nos. 924-12 and 949-08.
[Ord. No. 972-13]
a.
In Holmdel Builder's Association V. Holmdel Township, 121 N.J.
550 (1990), the New Jersey Supreme Court determined that mandatory
development fees are authorized by the Fair Housing Act of 1985 (the
Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject
to the Council on Affordable Housing's (COAH's) adoption
of rules.
b.
Pursuant to P.L. 008, c. 46 section 8 (C. 52:27D-329.2) and the Statewide
Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7), COAH
is authorized to adopt and promulgate regulations necessary for the
establishment, implementation, review, monitoring and enforcement
of municipal affordable housing trust funds and corresponding spending
plans. Municipalities that are under the jurisdiction of the Council
or court of competent jurisdiction and have a COAH-approved spending
plan may retain fees collected from non-residential development.
c.
Pursuant to the Executive Reorganization Act of 1969, P.L. 1969,
c. 203 (C. 52:14C-1 et seq.), the Governor abolished COAH and transferred
all functions, powers, and duties to the Commissioner of the Department
of Community Affairs, effective August 29, 2011. Any and all references
to COAH shall mean the Department of Community Affairs (the Department).
d.
This section establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to the Department's
regulations and in accordance with P.L. 2008, c. 46, Sections 8 and
32-38. Fees collected pursuant to this section shall be used for the
sole purpose of providing low- and moderate-income housing. This section
shall be interpreted within the framework of the Department's
rules on development fees, codified at N.J.A.C. 5:97-8.
[Ord. No. 972-13]
[Ord. No. 972-13]
a.
AFFORDABLE HOUSING DEVELOPMENT
COAH or the COUNCIL
DEVELOPER
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
The following terms, as used in this section, shall have the following
meanings:
Shall mean 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 (100%)
percent affordable development.
Shall mean the New Jersey Council on Affordable Housing established
under the Fair Housing Act which previously had primary jurisdiction
for the administration of housing obligations in accordance with sound
regional planning consideration in the State. Pursuant to the Executive
Reorganization Act of 1969, P.L. 1969, c. 203 (C. 52:14C-1 et seq.),
the Governor abolished the Council and transferred all functions,
powers, and duties to the Commissioner of the Department of Community
Affairs, effective August 29, 2011. As such, any and all references
to COAH shall mean the Department.
Shall mean the legal or beneficial owner or owners of a lot
or of any land proposed to be included in a proposed development,
including the holder of an option or contract to purchase, or other
person having an enforceable proprietary interest in such land.
Shall mean money paid by a developer for the improvement
of property as permitted in N.J.A.C. 5:97-8.3.
Shall mean the assessed value of a property divided by the
current average ratio of assessed to true value for the municipality
in which the property is situated, as determined in accordance with
sections 1, 5, and 6 of P.L. 1973, c. 123 (C. 54:1-35a through C.
54:1-35c).
Shall mean those strategies that minimize the impact of development
on the environment, and enhance the health, safety and well-being
of residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
[Ord. No. 972-13]
a.
Imposed Fees.
1.
Residential developers, except for developers of the types of development
specifically exempted below, shall pay a fee of one and one-half (1 1/2%)
percent of the equalized assessed value for residential development,
provided no increased density is permitted.
2.
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5)
(known as a "d" variance) or other means has been permitted, developers
shall be required to pay a development fee of six (6%) percent of
the equalized assessed value for each additional unit that may be
realized. However, if the zoning on a site has changed during the
two-year period preceding the filing of such a variance application,
the base density for the purposes of calculating the bonus development
fee shall be the highest density permitted by right during the two-year
period preceding the filing of the variance application.
For Example: If a development approval allows four (4) units
to be constructed on a site that was zoned for two (2) units, the
fees pursuant to this section would equal one and one-half (1 1/2%)
percent of the equalized assessed value of the first two (2) units;
and six (6%) percent of the equalized assessed value for the two (2)
additional units, provided zoning on the site has not changed during
the two-year period preceding the filing of such a variance application.
b.
Eligible Exactions, Ineligible Exactions, and Exemptions for Residential
Development.
1.
Affordable housing developments, developments where the developer
is providing for the construction of affordable units elsewhere in
the municipality, and developments where the developer has made a
payment in lieu of on-site construction of affordable units shall
be exempt from development fees.
2.
Developments that have received preliminary or final site plan approval
prior to the adoption of this development fee ordinance shall be exempt
from development fees, unless the developer seeks a substantial change
in the approval. Where a site plan approval does not apply, a zoning
and/or building permit shall be synonymous with preliminary or final
site plan approval for this purpose. The fee percentage shall be vested
on the date that the building permit is issued.
3.
Owner-occupied residential structures demolished and replaced as
a result of a fire, flood, or natural disaster shall be exempt from
paying a development fee.
4.
Development fees shall be imposed and collected when an existing
structure undergoes a change to a more intense use, is demolished
and replaced, or is expanded, if the expansion is not otherwise exempt
from the development fee requirement. The development fee shall be
calculated on the increase in the equalized assessed value of the
improved structure.
[Ord. No. 972-13]
a.
Imposed Fees.
1.
Within all zoning districts, nonresidential developers, except for
developers of the types of development specifically exempted, shall
pay a fee equal to two and one-half (2.5%) percent of the equalized
assessed value of the land and improvements, for all new nonresidential
construction on an unimproved lot or lots.
2.
Nonresidential developers, except for developers of the types of
development specifically exempted, shall also pay a fee equal to two
and one-half (2.5%) percent of the increase in equalized assessed
value resulting from any additions to existing structures to be used
for nonresidential purposes.
3.
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of two and
one-half (2.5%) percent shall be calculated on the difference between
the equalized assessed value of the pre-existing land and improvement
and the equalized assessed value of the newly improved structure,
i.e. land and improvements, at the time final certificate of occupancy
is issued. If the calculation required under this section results
in a negative number, the nonresidential development fee shall be
zero.
It should be noted that pursuant to P.L. 2009, c. 90 and P.L.
2011, c. 122, the nonresidential statewide development fee of two
and one-half (2.5%) percent for nonresidential development is suspended
for all nonresidential projects that receive preliminary of final
site plan approval subsequent to July 17, 2008 until July 1, 2013,
provided that a permit for the construction of the building has been
issued prior to January 1, 2015.
b.
Eligible Exactions, Ineligible Exactions and Exemptions for Nonresidential
Development.
1.
The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to the two and one-half (2.5%) percent
development fee, unless otherwise exempted below.
2.
The two and one-half (2.5%) percent fee shall not apply to an increase
in equalized assessed value resulting from alterations, change in
use within existing footprint, reconstruction, renovations and repairs.
3.
Nonresidential developments shall be exempt from the payment of nonresidential
development fees in accordance with the exemptions required pursuant
to P.L. 2008, c. 46, as specified in the Form N-RDF "State of New
Jersey Non-Residential Development Certification/Exemption" Form.
Any exemption claimed by a developer shall be substantiated by that
developer.
4.
A developer of a nonresidential development exempted from the nonresidential
development fee pursuant to P.L. 2008, c. 46 shall be subject to it
at such time the basis for the exemption no longer applies, and shall
make the payment of the nonresidential development fee, in that event,
within three (3) years after that event or after the issuance of the
final certificate of occupancy of the nonresidential development,
whichever is later.
5.
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within forty-five (45) days of the termination of the
property tax exemption. Unpaid nonresidential development fees under
these circumstances may be enforceable by the City of Wildwood as
a lien against the real property of the owner.
[Ord. No. 972-13]
a.
Upon the granting of a preliminary, final or other applicable approval,
for a development, the applicable approving authority shall direct
its staff to notify the Construction Official responsible for the
issuance of a building permit.
b.
For nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption" to be completed as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The Construction Official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in the Form N-RDF. The Tax Assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
c.
The Construction Official responsible for the issuance of a building
permit shall notify the local tax assessor of the issuance of the
first building permit for a development which is subject to a development
fee.
d.
Within ninety (90) days of receipt of that notice, the Municipal
Tax Assessor, based on the plans filed, shall provide an estimate
of the equalized assessed value of the development.
e.
The Construction Official responsible for the issuance of a final
certificate of occupancy notifies the local assessor of any and all
requests for the scheduling of a final inspection on property which
is subject to a development fee.
f.
Within ten (10) business days of a request for the scheduling of
a final inspection, the Municipal Assessor shall confirm or modify
the previously estimated equalized assessed value of the improvements
of the development; calculate the development fee; and thereafter
notify the developer of the amount of the fee.
g.
Should the City of Wildwood fail to determine or notify the developer of the amount of the development fee within ten (10) business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in subsection b of section 37 of P.L. 2008, c. 46 (C. 40:55D-8.6).
h.
Fifty (50%) percent of the development fee shall be collected at
the time of issuance of the building permit. The remaining portion
shall be collected at the issuance of the certificate of occupancy.
The developer shall be responsible for paying the difference between
the fee calculated at building permit and that determined at issuance
of certificate of occupancy.
i.
Appeal of Development Fees.
1.
A developer may challenge residential development fees imposed by
filing a challenge with the County Board of Taxation. Pending a review
and determination by the Board, collected fees shall be placed in
an interest bearing escrow account by the City of Wildwood. Appeals
from a determination of the Board may be made to the tax court in
accordance with the provisions of the State Tax Uniform Procedure
Law, R.S. 54:48-1 et seq., within ninety (90) days after the date
of such determination. Interest earned on amounts escrowed shall be
credited to the prevailing party.
2.
A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within forty-five (45) days of receipt of the challenge, collected
fees shall be placed in an interest bearing escrow account by the
City of Wildwood. Appeals from a determination of the Director may
be made to the tax court in accordance with the provisions of the
State Tax Uniform Procedure Law, R.S. 54:48-1 et seq., within ninety
(90) days after the date of such determination. Interest earned on
amounts escrowed shall be credited to the prevailing party.
[Ord. No. 972-13]
a.
There is hereby created a separate, interest-bearing housing trust
fund to be maintained by the Chief Financial Officer of the City of
Wildwood for the purpose of depositing development fees collected
from residential and nonresidential developers and proceeds from the
sale of units with extinguished controls.
b.
The following additional funds shall be required to be deposited
in the Affordable Housing Trust Fund, if collected and shall at all
times be identifiable by source and amount:
1.
Payment in lieu of on-site construction of affordable units;
2.
Developer contributed funds to make ten (10%) percent of the adaptable
entrances in a townhouse or other multistory attached development
accessible;
3.
Rental income from municipally operated units;
4.
Repayments from affordable housing program loans;
5.
Recapture funds;
6.
Proceeds from the sale of affordable units; and
7.
Any other funds collected in connection with the City of Wildwood's
affordable housing program.
c.
Within seven (7) days from the opening of the trust fund account,
the City of Wildwood shall provide the Department with written authorization,
in the form of a three-party escrow agreement between the municipality,
the City's banking institution, and the Department to permit
the Department to direct the disbursement of the funds as provided
for in N.J.A.C. 5:97-8.13(b).
d.
All interest accrued in the housing trust fund shall only be used
on eligible affordable housing activities approved by the Department.
[Ord. No. 972-13]
a.
The expenditure of all funds shall conform to a spending plan approved
by the Department. Funds deposited in the housing trust fund may be
used for any activity approved by the Department to address the City
of Wildwood's fair share obligation and may be set up as a grant
or revolving loan program. Such activities include, but are not limited
to: preservation or purchase of housing for the purpose of maintaining
or implementing affordability controls, rehabilitation, new construction
of affordable housing units and related costs, accessory apartment,
market to affordable, or regional housing partnership programs, conversion
of existing non-residential buildings to create new affordable units,
green building strategies designed to be cost saving and in accordance
with accepted national or State standards, purchase of land for affordable
housing, improvement of land to be used for affordable housing, extensions
or improvements of roads and infrastructure to affordable housing
sites, financial assistance designed to increase affordability, administration
necessary for implementation of the Housing Element and Fair Share
Plan, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7
through 8.9 and specified in the approved spending plan.
b.
Funds shall not be expended to reimburse the City of Wildwood for
past housing activities.
c.
At least thirty (30%) percent of all development fees collected and
interest earned shall be used to provide affordability assistance
to low- and moderate-income households in affordable units included
in the municipal Fair Share Plan. One-third (1/3) of the affordability
assistance portion of development fees collected shall be used to
provide affordability assistance to those households earning thirty
(30%) percent or less of median income by region.
1.
Affordability assistance programs may include down payment assistance,
security deposit assistance, low interest loans, rental assistance,
assistance with homeowners association or condominium fees and special
assessments, and assistance with emergency repairs.
2.
Affordability assistance to households earning thirty (30%) percent
or less of median income may include buying down the cost of low-
or moderate-income units in the municipal Fair Share Plan to make
them affordable to households earning thirty (30%) percent or less
of median income.
3.
Payments in lieu of construction of affordable units on site and
funds from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
d.
The City of Wildwood may contract with a private or public entity
to administer any part of its Housing Element and Fair Share Plan,
including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:96-18.
e.
No more than twenty (20%) percent of all revenues collected from
development fees, may be expended on administration, including, but
not limited to, salaries and benefits for municipal employees or consultant
fees necessary to develop or implement a new construction program,
a Housing Element and Fair Share Plan, and/or an affirmative marketing
program. In the case of a rehabilitation program, no more than twenty
(20%) percent of the revenues collected from development fees shall
be expended for such administrative expenses. Administrative funds
may be used for income qualification of households, monitoring the
turnover of sale and rental units, and compliance with the Department's
monitoring requirements. Legal or other fees related to litigation
opposing affordable housing sites or objecting to the Council's
regulations and/or action are not eligible uses of the affordable
housing trust fund.
[Ord. No. 972-13]
The City of Wildwood shall complete and return to the Department
all monitoring forms included in monitoring requirements related to
the collection of development fees from residential and nonresidential
developers, payments in lieu of constructing affordable units on site,
funds from the sale of units with extinguished controls, barrier free
escrow funds, rental income, repayments from affordable housing program
loans, and any other funds collected in connection with the City of
Wildwood's housing program, as well as to the expenditure of
revenues and implementation of the plan certified by the Department.
All monitoring reports shall be completed on forms designed by the
Department.
[Ord. No. 972-13]
a.
The ability for the City of Wildwood to impose, collect and expend
development fees shall expire with any judgment of compliance it receives
unless the City of Wildwood has filed an adopted Housing Element and
Fair Share Plan with the Department or the Court, has sought approval
of same from the Department or the Court, and has received the Department's
approval of its development fee ordinance. If the City of Wildwood
fails to renew its ability to impose and collect development fees
prior to the expiration of judgment of compliance, it may be subject
to forfeiture of any or all funds remaining within its municipal trust
fund. Any funds so forfeited shall be deposited into the "New Jersey
Affordable Housing Trust Fund" established pursuant to section 20
of P.L. 1985, c. 222 (C. 52:27D-320). The City of Wildwood shall not
impose a residential development fee on a development that received
preliminary or final site plan approval after the expiration of its
judgment of compliance, nor shall the City of Wildwood retroactively
impose a development fee on such a development. The City of Wildwood
shall not expend development fees after the expiration of its substantive
certification or judgment of compliance.
Prior ordinance history: Ordinance No. 925-12.
[Ord. No. 973-13]
The following terms when used in this Ordinance shall have the
meanings given in this Section:
Shall mean 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.
Shall mean the Fair Housing Act of 1985, P.L. 1985, c. 222
(N.J.S.A. 52:27D-301 et seq.).
Shall mean constructed in compliance with the technical design
standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
Shall mean the entity responsible for the administration
of affordable units in accordance with this section, N.J.A.C. 5:96,
N.J.A.C. 5:97 and N.J.A.C. 5:80-26.1 et seq.
Shall mean a regional marketing strategy designed to attract
buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
Shall mean the average percentage of median income at which
restricted units in an affordable housing development are affordable
to low- and moderate-income households.
Shall mean 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.
Shall mean a housing development all or a portion of which
consists of restricted units.
Shall mean 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 (100%)
percent affordable development.
Shall mean any mechanism in a municipal Fair Share Plan prepared
or implemented to address a municipality's fair share obligation.
Shall mean 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.
Shall mean the New Jersey Housing and Mortgage Finance Agency
established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).
Shall mean 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 sixty-two (62) years or older; 2) at
least eighty (80%) percent of the units are occupied by one (1) person
that is fifty-five (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.
Shall mean 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 (4) or more adult persons unrelated
to the proprietor and that offers units containing, at a minimum,
one (1) unfurnished room, a private bathroom, a kitchenette and a
lockable door on the unit entrance.
Shall mean a household that has been certified by an administrative
agent as a low-income household or moderate-income household.
Shall mean 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.).
Shall mean the State of New Jersey Department of Community
Affairs.
Shall mean 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.
Shall mean 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.
Shall mean the division of a parcel of land into two (2)
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.
Shall mean 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.
Shall mean a household with a total gross annual household
income equal to fifty (50%) percent or less of the median household
income.
Shall mean a restricted unit that is affordable to a low-income
household.
Shall mean 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.
Shall mean housing not restricted to low- and moderate-income
households that may sell or rent at any price.
Shall mean the median income by household size for the applicable
county, as adopted annually by the Department.
Shall mean a household with a total gross annual household
income in excess of fifty (50%) percent but less than eighty (80%)
percent of the median household income.
Shall mean a restricted unit that is affordable to a moderate-income
household.
Shall mean 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.
Shall mean 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 purpose
of matching household income and size with an appropriately priced
and sized affordable unit (e.g., by lottery).
Shall mean the maximum housing value in each housing region
affordable to a four-person household with an income at eighty (80%)
percent of the regional median as defined by the Department's
adopted Regional Income Limits published annually by the Department.
Shall mean the repair, renovation, alteration or reconstruction
of any building or structure, pursuant to the Rehabilitation Subcode,
N.J.A.C. 5:23-6.
Shall mean 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.
Shall mean 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.
Shall mean the Uniform Housing Affordability Controls set
forth in N.J.A.C. 5:80-26.1 et seq.
Shall mean a household with a total gross annual household
income equal to thirty (30%) percent or less of the median household
income.
Shall mean a restricted unit that is affordable to a very
low-income household.
Shall mean building insulation (for attic, exterior walls
and crawl space), siding to improve energy efficiency, replacement
storm windows, replacement storm doors, replacement windows.
[Ord. No. 973-13]
a.
Wildwood's rehabilitation program shall be designed to renovate
deficient housing units occupied by low- and moderate-income households
such that, after rehabilitation, these units will comply with the
New Jersey State Housing Code pursuant to N.J.A.C. 5:28.
b.
Both owner occupied and renter occupied units shall be eligible for
rehabilitation funds.
c.
All rehabilitated units shall remain affordable to low- and moderate-income
households for a period of ten (10) years (the control period). For
owner occupied units the control period will be enforced with a lien
and for renter occupied units control period will be enforced with
a deed restriction.
d.
The City of Wildwood shall dedicate a minimum of ten thousand ($10,000.00)
dollars for each unit to be rehabilitated through this program, reflecting
the minimum hard cost of rehabilitation for each unit.
e.
The City of Wildwood shall adopt a resolution committing to funds
from the Affordable Housing Trust Fund for the rehabilitation programs
for the City of Wildwood.
f.
The City of Wildwood shall designate, subject to the approval of
the Department, one or more administrative agents to administer the
rehabilitation program in accordance with N.J.A.C. 5:96 and N.J.A.C.
5:97. The administrative agent(s) shall provide a rehabilitation manual
for the owner occupancy rehabilitation program and a rehabilitation
manual for the rental occupancy rehabilitation program to be adopted
by resolution of the Governing Body and subject to approval of the
Department. Both rehabilitation manuals shall be available for public
inspection in the Office of the Municipal Clerk and in the office(s)
of the administrative agent(s).
g.
Units in a rehabilitation program shall be exempt from N.J.A.C. 5:97-9
and Uniform Housing Affordability Controls (UHAC), but shall be administered
in accordance with the following.
1.
If a unit is vacant, upon initial rental subsequent to rehabilitation,
or if a renter-occupied unit is re-rented prior to the end of controls
on affordability, the deed restriction shall require the unit to be
rented to a low- or moderate-income household at an affordable rent
and affirmatively marketed pursuant to N.J.A.C. 5:97-9 and UHAC.
2.
If a unit is renter-occupied, upon completion of the rehabilitation,
the maximum rate of rent shall be the lesser of the current rent or
the maximum permitted rent pursuant to N.J.A.C. 5:97-9 and UHAC.
3.
Rents in rehabilitation units may increase annually based on the
standards in N.J.A.C. 5:97-9.
4.
Applicant and/or tenant households shall be certified as income-eligible
in accordance with N.J.A.C. 5:97-9 and UHAC, except that households
in owner occupied units shall be exempt from the regional asset limit.
[Ord. No. 973-13]
a.
Phasing. In inclusionary developments the following schedule shall
be followed.
|
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
|---|---|
|
25
|
0
|
|
25+1
|
10
|
|
50
|
50
|
|
75
|
75
|
|
90
|
100
|
b.
Design. In inclusionary developments, to the extent possible, low-
and moderate-income units shall be integrated with the market units.
c.
Utilities. Affordable units shall utilize the same type of heating
source as market units within the affordable development.
d.
Low/Moderate Split and Bedroom Distribution of Afford-able 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 fifty (50%) percent of the
restricted units within each bedroom distribution shall be low-income
units.
3.
Affordable development 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 twenty (20%) percent of the total low- and moderate-income
units;
(b)
At least thirty (30%) percent of all low- and moderate-income
units shall be two (2) bedroom units;
(c)
At least twenty (20%) percent of all low- and moderate-income
units shall be three (3) bedroom units; and
(d)
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
4.
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.
e.
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 Subcode, N.J.A.C.
5:23-7 and N.J.A.C. 5:97-3.14.
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 Subcode, N.J.A.C.
5:23-7 and N.J.A.C. 5:97-3.14, or evidence that the City of Wildwood
has collected funds from the developer sufficient to make ten (10%)
percent of the adaptable entrances in the development accessible:
(1)
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.
(2)
To this end, the builder of restricted units shall deposit funds
within the City of Wildwood's affordable housing trust fund sufficient
to install accessible entrances in ten (10%) percent of the affordable
units that have been constructed with adaptable entrances.
(3)
The fund deposited under paragraph (2) above shall be used by
the City of Wildwood 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.
(4)
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 City of Wildwood.
(5)
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 Subcode, N.J.A.C. 5:23-7 and
N.J.A.C. 5:97-3.14, and that the cost estimate of such conversion
is reasonable, payment shall be made to the City of Wildwood'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.
(6)
Full compliance with the foregoing provisions shall not be required
where an entity can demonstrate that it is site impracticable to meet
the requirements. Determinations of site impracticability shall be
in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7 and N.J.A.C.
5:97-3.14.
f.
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 and in the Department, utilizing the regional income limits established
by the Department.
2.
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
sixty (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 twenty-five (25%) percent of median income.
3.
The developers and/or municipal sponsors or restricted rental units
shall establish at least one (1) rent for each bedroom type for both
low-income and moderate-income units.
(a)
At least ten (10%) percent of all low- and moderate-income rental
units shall be affordable to households earning no more than thirty
(30%) percent of median income.
NOTE: N.J.S.A. 52:27D-329.1 (P.L. 2008, C. 46) includes the
requirement that all municipal fair share plans provide for the reservation
of at least thirteen (13%) percent of the affordable units for very
low-income households, i.e. households earning thirty (30%) percent
or less of the median income. The new statute states that the requirement
is not project-specific. Each municipality's version of this
ordinance must reflect the determinations made in the Fair Share Plan
as to the percentage of units necessary for very low-income units
in rental projects. Additional incentives to subsidize the creation
of affordable housing available to very low-income households may
be included in the zoning section of this ordinance or specified in
a developer's or redeveloper's agreement.
4.
The maximum sales price of restricted ownership units within each
affordable development shall be affordable to households earning no
more than seventy (70%) percent of median income, and each affordable
development must achieve an affordability average of fifty-five (55%)
percent for restricted ownership units; in achieving this affordability
average, moderate-income ownership units must be available for at
least three (3) different prices for each bedroom type, and low-income
ownership units must be available for at least two (2) 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.
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.
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 ninety-five
(95%) percent of the purchase price and the Federal Reserve H.15 rate
of interest), taxes, homeowner and private mortgage insurance and
condominium or homeowners' association fees do not exceed twenty-eight
(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 thirty (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 (9%) 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 so consistent
with the utility allowance approved by DCA for its Section 8 program.
[Ord. No. 973-13]
a.
The City of Wildwood shall adopt by resolution an affirmative marketing
plan, subject to approval of the Department, 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 the Department Housing Region 6 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 the Department Housing
Region 6 comprised of Atlantic, Cape May, Cumberland, and Salem counties.
d.
The administrative agent designated by the City of Wildwood 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 (4) 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 City of Wildwood.
[Ord. No. 973-13]
a.
In referring certified households to specific restricted units, to
the extent feasible, and without causing an undue delay in occupying
the unit, the administrative agent shall strive to:
b.
Additional provisions related to occupancy standards (if any) shall
be provided in the Municipal Operating Manual.
[Ord. No. 973-13]
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 section until the City of Wildwood 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 thirty
(30) years.
b.
The affordability control period for a restricted ownership unit
shall commence on the date the initial certified household takes title
to the unit.
c.
Prior to the issuance of the initial certificate of occupancy for
a restricted ownership unit and upon each successive sale during the
period of restricted ownership, the administrative agent shall determine
the restricted price for the unit and shall also determine the nonrestricted,
fair market value of the unit based on either an appraisal or the
unit's equalized assessed value.
d.
At the time of the first sale of the unit, the purchaser shall execute
and deliver to the administrative agent a recapture note obligating
the purchaser (as well as the purchaser's heirs, successors and
assigns) to repay, upon the first nonexempt sale after the unit's
release from the requirements of this section, an amount equal to
the difference between the unit's nonrestricted fair market value
and its restricted price, and the recapture note shall be secured
by a recapture lien evidenced by a duly recorded mortgage on the unit.
e.
The affordability controls set forth in this section 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.
[Ord. No. 973-13]
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.
[Ord. No. 973-13]
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 fifty (50%) percent
of median-income and moderate-income ownership units shall be reserved
for households with a gross household income less than eighty (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 thirty-three (33%) percent of the household's certified
monthly income.
[Ord. No. 973-13]
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 ninety-five (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).
[Ord. No. 973-13]
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 section until the City of Wildwood 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 thirty (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 Cape May. A copy of the filed document shall be provided
to the administrative agent within thirty (30) days of the receipt
of a certificate of occupancy.
c.
A restricted rental unit shall remain subject to the affordability
controls of this section, despite the occurrence of any of the following
events:
[Ord. No. 973-13]
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 (5%) 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 section.
[Ord. No. 973-13]
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 thirty (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 fifty (50%) percent of median
income.
3.
Moderate-income rental units shall be reserved for households with
a gross household income less than eighty (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 thirty-five
(35%) percent (forty (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 thirty-five (35%) percent
(forty (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 thirty-five (35%) percent
(forty (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 paragraph b1 through 5 above with
the administrative agent, who shall counsel the household on budgeting.
[Ord. No. 973-13]
a.
The position of Municipal Housing Liaison (MHL) for City of Wildwood
is established by this section. The Board of Commissioners shall make
the actual appointment of the MHL by means of resolution.
1.
The MHL must be an employee for the City of Wildwood and be appointed
MHL by resolution by the Board of Commissioners for the City of Wildwood.
2.
The person appointed as the MHL must be reported to the Department.
3.
The MHL must meet all the Department 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 City
of Wildwood, 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 City of
Wildwood's Fair Share Plan;
(e)
Compiling, verifying and submitting annual reports as required
by the Department;
(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 Department.
b.
The City of Wildwood shall designate by resolution of the Board of
Commissioners, subject to the approval of the Department, one or more
administrative agents to administer newly constructed affordable units
in accordance with N.J.A.C. 5:96, N.J.A.C. 5:97 and UHAC.
c.
An Operating Manual shall be provided by the administrative agent(s)
to be adopted by resolution of the Governing Body and subject to approval
of the Department. 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 and which are
described in full detail in the Operating Manual, including those
set forth in N.J.A.C. 5:80-26.14, 16 and 18 therefor, which includes:
1.
Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved
by the Department;
2.
Affirmative marketing;
3.
Household certification;
4.
Affordability controls;
5.
Records retention;
6.
Resale and re-rental;
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.
[Ord. No. 973-13]
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 sixty (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 twenty thousand ($20,000.00) dollars
or imprisonment for a period not to exceed ninety (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 City of Wildwood 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 violation 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 violation 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 violation 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
(2) year period shall automatically result in a forfeiture of such
balance to the municipality. Any interest accrued or earned on such
balance while being 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.
[Ord. No. 973-13]
Appeals from all decisions of an administrative agent designated
pursuant to this section shall be filed in writing with the Commissioner
of the Department.
