[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]
[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:
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:
(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,
(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.
