[Added 5-10-2018 by Ord. No. 17-18]
The Borough of Midland Park Planning Board has adopted a HE/FSP
consistent with the Settlement Agreement which provides that for its
Third Round, the Borough has a realistic development potential ("RDP")
of 0 numerical units and an unmet need of 239 units, which is comprised
of 41 units from the Prior Round and 198 units from the Third Round.
The Borough has constructed 70 affordable housing units and has satisfied
its Prior Round unmet need. The Borough is entitled to a twenty-nine-unit
credit toward its Third Round obligation and therefore has a remaining
unmet need of 169.
a. The Settlement Agreement and HE/FSP detail the various components
and mechanisms whereby the Borough satisfies its affordable housing
obligation.
b. The Borough has adopted Ordinance No. 03-18 which establishes two
multifamily residential Overlay zones designated Overlay 1 (MFO-1)
and Overlay 2 (MFO-2) which permits the development of multifamily
housing, provided that such development complies with the required
inclusionary set-aside requirement of the ordinance.
c. The Borough has also adopted Ordinance No. 04-18, an affordable housing
set-aside ordinance, which requires that any multifamily residential
development of five or more units at or above six units per acre approved
by the appropriate land use board shall be required to set aside a
minimum percentage of units for affordable housing. Where the units
will be for purchase, the minimum set-aside shall be 20%. Where the
units will be for rental, the minimum set-aside shall be 15%.
d. All the provisions of this section are subject to the provisions
of the Settlement Agreement which is incorporated herein as if set
forth in length, the applicable provisions of the Uniform Housing
Affordability Controls ("UHAC"), N.J.A.C. 5:80-26.1 et seq., applicable
Council On Affordable Housing ("COAH") rules, or any successor regulation,
the Borough's Housing Element and Fair Share Plan, and all other applicable
law.
e. At least 50% of affordable units in the Borough pursuant to the HE/FSP
and Settlement Agreement shall be affordable to low-income households,
including 13% in rental developments being affordable to very-low-income
households. The required bedroom distribution shall be governed by
controls on affordability and affirmatively marketed units in accordance
with UHAC.
The Borough shall affirmatively market the affordable units
under the HE/FSP through an administrative agent retained by the Borough.
The Affirmative Marketing Program will meet the following requirements:
a. All newspaper articles, announcements, and requests for applications
for low- and moderate-income units will appear in the following publications:
The Record, Star Ledger and New Jersey Herald.
b. The following organizations will be provided with notice of all available
affordable housing units: Fair Share Housing Center, the New Jersey
State Conference of the NAACP, the Latino Action Network, and the
Bergen County NAACP.
c. The administrative agent shall also advertise and publicize the availability
of affordable housing units on News 12 New Jersey and at least two
radio stations serving Housing Region 1. Announcement of the availability
of affordable units will also be aired on the Borough's cable access
programing.
d. The availability of affordable units will be publicized by advertisements
and flyers forwarded to any employers within Housing Region 1 having
more than 500 employees.
e. The administrative agent shall take such affirmative marketing measures
as delineated in N.J.A.C. 5:80-26.15, the provisions of which are
hereby incorporated by reference.
f. Brochures, signs, flyers and posters used as part of the affirmative
marketing program shall be posted in the Borough Hall and the Midland
Park Library.
g. The availability of affordable units will also be provided to local
houses of worship, with the request that the information is passed
on to congregants.
h. The availability of affordable units will also be included in the
Borough's quarterly newsletter distributed to all residents.
[Ord. #09-04, § 1]
In Holmdel Builder's Ass'n. 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, N.J.S.A. 52:27D-301
et seq., and the State Constitution subject to COAH developing rules.
The purpose of this section is to establish standards for the collection,
maintenance and expenditure of development fees pursuant to rules
of the Council on Affordable Housing (COAH). 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 COAH's rules on development fees.
[Ord. #09-04, § 2]
Any fees collected prior to December 13, 1990 shall be retained
by the Borough pursuant to COAH's rules regarding the retention of
development fees.
[Ord. #09-04, § 3; Ord. #05-06, § 1]
a. Within the R-1 and R-2 Districts, developers shall pay development fee of one-half of one (1/2%) of the equalized value of any eligible residential activity pursuant to Subsection
22-3.5 of this section.
b. When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5)
has been permitted, developers may be required to pay a development
fee of six (6%) percent of the equalized assessed value for each additional
unit that may be realized, provided that no rezoning has occurred
in the two (2) years prior to the date of the filing of this Ordinance.
[Ord. #09-04, § 4]
Developers within all districts, except the R-1 and R-2 Districts, shall pay a fee of one (1%) percent of equalized assessed value for eligible nonresidential activities pursuant to Subsection
22-3.5 of this section.
[Ord. #09-04, § 9]
This section shall expire if:
a. COAH dismisses or denies the Borough's petition for substantive certification.
b. The Borough's period of repose or substantive certification is revoked.
c. Substantive certification/judgment of repose expires prior to the
Borough's filing an adopted housing element with COAH, petitioning
for substantive certification or receiving COAH'S approval of this
section.
d. COAH's approval to collect development fees expires unless the Borough
has filed an adopted housing element with COAH and COAH has approved
this section.
[Added 5-10-2018 by Ord. No. 16-18]
There is hereby created the position of Municipal Housing Liaison
for the Borough of Midland Park. As used herein, the term "Municipal
Housing Liaison" shall mean the employee of the Borough who is directed
by the governing body with the responsibility for oversight and administration
of the Borough's Affordable Housing Program.
The Municipal Housing Liaison shall be appointed by the Mayor
with the advice and consent of the Borough Council and may be a full-
or part-time municipal employee. The compensation of the Municipal
Housing Liaison shall be as set forth in the Salary Ordinance of the
Borough.