[Amended 9-11-2018 by Ord. No. 2018-06]
The Township of Independence shall
comply with the following monitoring and reporting requirements regarding
the status of the implementation of its court-approved Housing Element
and Fair Share Plan:
A. Beginning on September 26, 2018, and on
every anniversary of that date through September 26, 2025, the Township
agrees to provide annual reporting of its affordable housing trust
fund activity to the New Jersey Department of Community Affairs, Council
on Affordable Housing, or Local Government Services, or other entity
designated by the State of New Jersey, with a copy provided to the
Fair Share Housing Center (FSHC) and posted on the municipal website,
using forms developed for this purpose by the New Jersey Department
of Community Affairs (NJDCA), Council on Affordable Housing (COAH),
or Local Government Services (NJLGS). The reporting shall include
an accounting of all affordable housing trust fund activity, including
the source and amount of funds collected and the amount and purpose
for which any funds have been expended.
B. Beginning on September 26, 2018, and on
every anniversary of that date through September 26, 2025, the Township
agrees to provide annual reporting of the status of all affordable
housing activity within the municipality through posting on the municipal
website with a copy of such posting provided to the Fair Share Housing
Center, using forms previously developed for this purpose by COAH
or any other forms endorsed by the Special Master and FSHC.
C. By July 1, 2020, as required pursuant to
N.J.S.A. 52:27D-313, the Township will post on its municipal website,
with a copy provided to FSHC, a status report as to its implementation
of its plan and an analysis of whether any unbuilt sites or unfulfilled
mechanisms continue to present a realistic opportunity and whether
any mechanisms to meet unmet need should be revised or supplemented.
Such posting shall invite any interested party to submit comments
to the municipality, with a copy to FSHC, regarding whether any sites
no longer present a realistic opportunity and should be replaced and
whether any mechanisms to meet unmet need should be revised or supplemented.
Any interested party may by motion request a hearing before the court
regarding these issues.
D. By September 26, 2020, and every third
year thereafter, as required by N.J.S.A. 52:27D-329.1, the Township
will post on its municipal website, with a copy provided to FSHC,
a status report as to its satisfaction of its very-low-income requirements,
including its family very-low-income requirements. Such posting shall
invite any interested party to submit comments to the municipality
and FSHC on the issue of whether the municipality has complied with
its very-low-income and family very-low-income housing obligations.
The following terms when used in
this chapter shall have the meanings given in this section:
ACT
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.)
ADAPTABLE
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
ADMINISTRATIVE AGENT
The entity designated by the Township to administer affordable
units in accordance with this chapter, N.J.A.C. 5:93, and UHAC (N.J.A.C.
5:80-26).
AFFIRMATIVE MARKETING
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
The average percentage of median income at which new restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
AFFORDABLE
A sales price or rent level that is within the means of a
low- or moderate-income household as defined within N.J.A.C. 5:93-7.4
and, 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
A development included in or approved pursuant to the Housing
Element and Fair Share Plan or otherwise intended to address the Township's
fair share obligation, and includes, but is not limited to, an inclusionary
development, a municipal construction project or a 100-percent-affordable
housing development.
AFFORDABLE HOUSING PROGRAM(S)
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
AFFORDABLE UNIT
A housing unit proposed or created pursuant to the Act and
approved for crediting by the court and/or funded through an affordable
housing trust fund.
AGE-RESTRICTED UNIT
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that:
A.
All the residents of the development
wherein the unit is situated are 62 years of age or older; or
B.
At least 80% of the units are occupied
by one person who is 55 years of age or older; or
C.
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.
AGENCY
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
ALTERNATIVE LIVING ARRANGEMENT
A structure in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. Alternative living arrangements include, but are not limited
to: transitional facilities for the homeless; Class A, B, C, D and
E boarding homes as regulated by the State of New Jersey Department
of Community Affairs; residential health-care facilities as regulated
by the New Jersey Department of Health; group homes for the developmentally
disabled and mentally ill as licensed and/or regulated by the New
Jersey Department of Human Services; and congregate living arrangements.
ASSISTED-LIVING RESIDENCE
A facility that is 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
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
COAH
The Council on Affordable Housing, as established by the
New Jersey Fair Housing Act (N.J.S.A. 52:27D-301, et seq.).
DCA
The State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT
A housing unit with health and safety code violations that
requires 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
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
included in a proposed development, including the holder of an option
to contract to purchase, or other person having an enforceable proprietary
interest in such land.
DEVELOPMENT
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.
INCLUSIONARY DEVELOPMENT
A development containing both affordable units and market-rate
units. This term includes, but is not limited to, new construction,
the conversion of a nonresidential structure to residential use and
the creation of new affordable units through the gut rehabilitation
or reconstruction of a vacant residential structure.
LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal
to 50% or less of the regional median household income by household
size.
LOW-INCOME UNIT
A restricted unit that is affordable to a low-income household.
MAJOR SYSTEM
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 and load-bearing structural
systems.
MARKET-RATE UNITS
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
MEDIAN INCOME
The median income by household size for the applicable housing
region, as adopted annually by COAH or a successor entity approved
by the court.
MODERATE-INCOME HOUSEHOLD
A household with a total gross annual household income in
excess of 50% but less than 80% of the regional median household income
by household size.
NONEXEMPT SALE
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
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
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by duly adopted regional income limits published annually
by COAH or a successor entity.
REHABILITATION
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
RENT
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
A dwelling unit, whether a rental unit or an ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as amended and supplemented, but does not include a market-rate unit
financed under UHORP or MONI.
UHAC
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26 et seq.
VERY-LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal
to 30% or less of the regional median household income by household
size.
WEATHERIZATION
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 purposes of a rehabilitation
program.
[Amended 9-11-2018 by Ord. No. 2018-06]
The provisions of this chapter shall
apply to:
A. All affordable housing developments and
affordable housing units that currently exist within Woodbridge Township;
B. All affordable housing developments and
affordable housing units that are proposed to be created pursuant
to the Township's Housing Plan Element and Fair Share Plan;
C. All unanticipated future developments that
will provide affordable housing for low- and moderate-income households;
and
D. Any property in the Township that is currently
zoned for nonresidential uses and that is subsequently rezoned for
multifamily residential purposes, and to all approvals for multifamily
residential development granted by the Township Planning Board or
Zoning Board of Adjustment, including approvals of use or density
variances, site plans, or subdivisions, and redevelopment projects
subject to a redevelopment plan adopted by the Township governing
body governing the development and redevelopment of designated areas
in need of rehabilitation or areas in need of redevelopment in the
Township, including substantial revisions to previously approved developments,
where such rezoning, approval or revision results in or increases
the number of residential units by five or more units.
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
|
In referring certified households
to specific restricted units, the administrative agent shall, to the
extent feasible and without causing an undue delay in the occupancy
of a unit, strive to:
A. Provide an occupant for each bedroom;
B. Provide children of different sexes with
separate bedrooms;
C. Provide separate bedrooms for parents and
children; and
D. Prevent more than two persons from occupying
a single bedroom.
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 master deeds of inclusionary developments
shall provide no distinction between the condominium or homeowner
association fees and special assessments paid by low- and moderate-income
purchasers and those paid by market purchasers.
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 anticipated capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom. See §
112-13.
An administrative agent shall be
an independent entity serving under contract to and reporting to the
municipality. The fees of the administrative agent shall be paid by
the owners of the affordable units for which the services of the administrative
agent are required. The administrative agent shall perform the duties
and responsibilities of an administrative agent as set forth in UHAC,
including those set forth in Sections 5:80-26.14, 5:80-26.16 and 5:80-26.18
thereof, which includes:
A. Affirmative marketing.
(1) Conducting an outreach process to affirmatively
market affordable housing units in accordance with the affirmative
marketing plan of the Township of Independence 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. Household 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,
as applicable, of either the ownership or rental certificates set
forth in Appendixes 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;
(6) Employing a random selection process as
provided in the affirmative marketing plan of the Township of Independence
when referring households for certification to affordable units; and
(7) Notifying the following entities of the
availability of affordable housing units in the Township of Independence:
Fair Share Housing Center, the New Jersey State Conference of the
NAACP, the Latino Action Network, NORWESCAP, the Supportive Housing
Association, and the Central Jersey Housing Resource Center.
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 Warren County Register of Deeds or Warren 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. Resales and rerentals.
(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
rerental; and
(2) Instituting and maintaining an effective
means of communicating information to low- (or very-low-) and moderate-income
households regarding the availability of restricted units for resale
or rerental.
E. Processing requests from unit owners.
(1) Reviewing and approving requests for determination
from owners of restricted units who wish to take out home equity loans
or refinance during the term of their ownership that the amount of
indebtedness to be incurred will not violate the terms of this chapter;
(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 depreciated cost of central air-conditioning
systems;
(3) Notifying the municipality of an owner's
intent to sell a restricted unit; and
(4) Making determinations on requests by owners
of restricted units for hardship waivers.
F. Enforcement.
(1) Securing annually from the municipality
a list 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) Posting annually, in all rental properties
(including two-family homes), a notice as to the maximum permitted
rent together with the telephone number of the administrative agent
where complaints of excess rent or other charges 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;
and
(6) Creating and publishing a written operating
manual for each affordable housing program administered by the administrative
agent, to be approved by the Township Council and the court, setting
forth procedures for administering the affordability controls.
G. Additional responsibilities.
(1) The administrative agent shall have the
authority to take all actions necessary and appropriate to carry out
its responsibilities hereunder.
(2) The administrative agent shall prepare
monitoring reports for submission to the Municipal Housing Liaison
in time to meet the court-approved monitoring and reporting requirements
in accordance with the deadlines set forth in this chapter.
(3) The administrative agent shall attend continuing
education sessions on affordability controls, compliance monitoring,
and affirmative marketing at least annually and more often as needed.
[Amended 9-11-2018 by Ord. No. 2018-06]
A. The Township of Independence shall adopt
by resolution an affirmative marketing plan, subject to approval of
the court, that is 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 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 marketing activities toward Housing Region 2 and is required
to be followed throughout the period of restriction.
C. The affirmative marketing plan shall provide
a regional preference for all households that live and/or work in
Housing Region 2, comprised of Warren, Monmouth and Ocean Counties.
D. The municipality has the ultimate responsibility
for adopting the affirmative marketing plan and for the proper administration
of the affirmative marketing program, including initial sales and
rentals and resales and rerentals. The administrative agent designated
by the Township of Independence shall implement the affirmative marketing
plan to assure the affirmative marketing of all affordable units.
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 plan shall describe
the media to be used in advertising and publicizing the availability
of housing. In implementing the affirmative marketing plan, the administrative
agent shall consider the use of language translations where appropriate.
G. The affirmative marketing process for available
affordable units shall begin at least four months (120 days) prior
to the expected date of occupancy.
H. Applications for affordable housing shall
be available in several locations, including, at a minimum, the county
administration building and/or the county library for each county
within the housing region; and the municipal administration building
in the municipality in which the units are located; and the developer's
rental office. Applications shall be mailed to prospective applicants
upon request.
I. The costs of advertising and affirmative
marketing of the affordable units shall be the responsibility of the
developer, sponsor or owner.
J. The affirmative marketing plan shall specifically
notify the following community and regional organizations in advertisement
for affordable housing:
(1) Fair Share Housing Center, Cherry Hill.
(2) New Jersey State Conference of the NAACP,
Trenton.
(3) Latino Action Network, Freehold.
(4) Supportive Housing Association, Cranford.
(5) Central Hersey Housing Resource Center,
Raritan.
Appeals from all decisions of an
administrative agent appointed pursuant to this chapter shall be filed
in writing with the court.