Township of Union, NJ
Hunterdon County
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[Ord. No. 89-2 § 1]
Union Township hereby adopts as its Fair Share Housing Plan the Fair Share Plan submitted to and approved by the New Jersey Council on Affordable Housing, including the provisions of subsections 30-4.4 and 30-4.6 of the Land Use Code of the Township of Union, adopted December 11, 1985, attached to the Fair Share Plan and also including Amendment No. 10 to the Land Use Code of the Township of Union, adopted May 4, 1988, amending requisitions for the RM Multi-Family Residential District.[1]
[1]
Editor's Note: See Chapter 30, Land Use, subsection 30-4.6 RM Multi-Family Residential Districts.
[Ord. No. 97-5 § 1]
The purpose of this section is to create the administrative mechanisms needed for the execution of the Township's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.
[Ord. No. 97-5 § 2]
For the purposes of this section, the terms used are as defined in Chapter 30, Zoning. In addition, the following definition shall apply:
HOUSING OFFICER
Shall mean the employee, consultant, authority, government or other agency charged by the Governing Body with the responsibility of administering the affordable housing program of the Township.
[Ord. No. 97-5 § 3]
a. 
Established. There is hereby established an Affordable Housing Board which shall consist of five members appointed by the Mayor with the advice and consent of the Township Committee. The members shall serve without compensation.
b. 
Membership of Board and Terms of Office. The Board shall be composed of one member of the Governing Body, whose appointment shall be for one year, a member of the Planning Board, whose appointment shall be for three years or the duration of the term on the Planning Board, whichever terminates first, and three additional residents of the Township, whose terms shall be three years each, except that when the Board is initially appointed, one resident member shall be appointed for one year, one member for two years, and the third member for three years. Appointments to fill vacancies resulting from resignations or removal from office, shall be for the departing member's unexpired term.
c. 
Powers. The powers of the Affordable Housing Board may include the following:
1. 
To recommend to the Governing Body the person or organization to be appointed as Housing Officer, and the amount of compensation to be paid to that person or organization,
2. 
To recommend to the Governing Body the adoption of rules and regulations:
(a) 
To govern the sale or rental of affordable housing units to lower-income persons pursuant to Section 30-28 of Chapter 30, Zoning,
(b) 
To assure that the housing units built for lower income occupancy will remain available to lower income persons for the period of time covered by their deed restrictions,
(c) 
To establish eligibility criteria for persons wishing to purchase or rent affordable housing in the Township, provided that no eligibility priorities shall be established other than those specifically set forth in Section 30-29 of Chapter 30, Zoning.
(d) 
To establish screening mechanisms to ensure that all affordable housing units are occupied only by lower income households,
(e) 
To regulate the resale of affordable housing units so as to allow lower income households to recoup the value of any improvements to the units while providing for the recapture by the Township of any windfall profits from the resale of the units,
(f) 
To regulate the calculation of rents and other charges for affordable rental units for the purposes of ensuring that affordable rental units are rented only to and remain occupied only by lower income households, and
(g) 
To carry out such additional responsibilities as may be necessary to fulfill the Township's affordable housing program;
3. 
To ascertain the extent and location of existing substandard housing units which may be eligible for rehabilitation and, if necessary and upon authorization by the Governing Body, to conduct a survey or to arrange to have a survey conducted.
4. 
To seek out sources of government funding that will assist the Township in meeting its goals of supplying affordable housing as set forth in the adopted Housing Plan Element of the Master Plan, and upon authorization by the Governing Body, to prepare and submit applications to secure such funding,
5. 
To prepare an annual budget for the Affordable Housing Board including salaries and expenditures incurred in administering the affordable housing provisions of Chapter 30, Zoning. The budget shall be prepared in accordance with proposed municipal accounting procedures and submitted to the Governing Body for approval as part of the municipal budget,
6. 
To recommend to the Governing Body reasonable fees to be charged to developers of affordable housing units to offset the costs to the Township related to the inspection and monitoring of sales and rentals of affordable housing units, but not related to any salaries or expenditures for such items as housing surveys or preparation of grant applications,
7. 
To undertake such other activities as may be authorized by law to carry out the obligations of the Township to assist in providing affordable housing in accordance with the Fair Housing Act of 1985 and the Substantive Rules issued by the Council on Affordable Housing, and
8. 
In the absence of or until the appointment of an Affordable Housing Board, the Governing Body shall act in its stead.
[Ord. No. 97-5 § 4]
a. 
Established. There is hereby established the position of Housing Officer for Union Township. The Housing Officer shall be appointed by the Governing Body and may be a full- or part-time Township employee, a consultant, an authority, or a government or other agency contracted by the Township to perform the duties and functions of the Housing Officer. The appointment of the Housing Officer shall occur within 30 days of the submission of a complete application for an inclusionary development in the RM District, or prior to that time if the Governing Body determines that there is an earlier need for the services of a Housing Officer.
b. 
Compensation. Compensation shall be fixed by the Governing Body at the time of the appointment of the Housing Officer, considering the recommendation of the Affordable Housing Board, if requested.
c. 
Powers and Duties. Upon authorization, therefore, by the Governing Body, it shall be the responsibility of the Housing Officer:
1. 
To administer the affordable housing program of the Township in accordance with Chapter 30, Zoning, the rules and regulations of the Affordable Housing Board, if applicable, and the terms of the executed contract for such services, if applicable,
2. 
To maintain waiting lists of households which may be eligible to rent or purchase affordable dwelling units and have expressed interest in doing so,
3. 
To administer an affirmative marketing program consistent with N.J.A.C. 5:92-15.2, commencing at least 90 days before the issuance of the first Certificate of Occupancy for a development and continuing until of the low and moderate income units constructed in the development are under contract of sale or lease,
4. 
To maintain an up-to-date record of all deed-restricted affordable housing units in the Township,
5. 
To monitor all transfers of ownership and changes of occupancy of all deed-restricted affordable housing units, to oversee the placement of qualified households in affordable housing units, and to enforce the affordable housing provisions of Chapter 30, Zoning, performing all of the administrative duties and functions outlined therein,
6. 
To advise the Planning Board, upon request by the Board, with respect to the review and approval of inclusionary residential developments,
7. 
To perform the administrative functions associated with any government-funded housing rehabilitation, down-payment assistance, or other affordable housing program, if and when such program(s) shall be funded.
8. 
To arrange for inspections of affordable housing units as necessary to carry out the requirements of this section, Chapter 30, Zoning, and the rules and regulations promulgated by the Affordable Housing Board, if applicable, and
9. 
To carry out such additional duties as may be required of the Housing Officer by the rules and regulations promulgated by the Affordable Housing Board, if applicable.