[Added by Ord. No. 93-0-22; amended by Ord. No. 94-0-02]
The purpose of this article is to provide an administrative mechanism and regulations for assuring the affordability of low- and moderate-income housing developed for purchase or rental in the Mount Laurel Zone (Article IX) and the Special Overlay Zone in the LI Zone (Article X), in conformance with the regulations of the New Jersey Council on Affordable Housing (COAH). These requirements shall apply in all zones where affordable housing is required by this section or has been developed in accordance with the revised Settlement Agreement dated October 16, 1985, and the Order dated March 25, 1986, in the Mount Laurel litigation entitled Norwood Easthill Associates, et al. v. Borough of Norwood, et al., L-24219-83 and consolidated cases.
A.
At a minimum, 35% of all affordable housing units
in a development shall have two bedrooms.
B.
At a minimum, 15% of all affordable housing units
in a development shall have three bedrooms.
C.
No more than 20% of all affordable housing units in
a development may be efficiency units (i.e., a unit with not more
than one habitable room and with kitchen and sanitary facilities).
At each development that includes affordable
housing units, at least 50% of all units in each bedroom distribution
type shall be available for low-income households.
In computing the shelter cost of affordable
housing units, only the following components shall be included:
A.
Rental housing: rent, including an allowance for utilities
(sewer, water, electricity and gas) and fees, if any, for parking
at least one car.
B.
Sales units: the cost of principal, interest, property
taxes, homeowner (fire, theft and liability) insurance, private mortgage
insurance, sewer and water charges and condominium or homeowners'
association fees, if any. Principal and interest shall be determined
on the basis of a 10% down payment and a thirty-year fixed-rate mortgage
realistically obtainable from at least two major lenders active in
the housing region.
The maximum monthly shelter cost for affordable
housing units of the appropriate unit size for the household size
shall be 28% of the household's gross annual income for sales units
and 30% of the household's gross monthly income for rental units.
Maximum sales prices and maximum rents of affordable
housing units shall be determined on the basis of the following criteria
on occupancy of dwelling units by household size:
A.
Efficiency units shall be affordable to one-person
households.
B.
One-bedroom units shall be affordable to two-person
households.
C.
Two-bedroom units shall be affordable to three-person
households.
D.
Three-bedroom units shall be affordable to five-person
households.
E.
Four-bedroom units shall be affordable to seven-person
households.
Condominium and homeowner association fees shall
be fairly assessed based on the square footage of units for both market-priced
and affordable housing units. The master deed for all affordable housing
units developed as a condominium or cooperative shall specify that
all condominium and homeowner association fees for affordable housing
units shall be assessed at 100% of the rate for market-priced units.
There shall be no age restrictions upon the
occupants of affordable housing, except for publicly subsidized senior
citizen housing.
A.
All conveyances and deeds of affordable housing units
shall be subject to covenants running with the land which control
the resale of sales units, the sublease of sales units, the rerental
of rental units, and the conversion of rental units for a period of
not less than 25 years from either the issuance of the certificate
of occupancy for the affordable housing unit or the date of closing
and transfer of title for initial ownership of the unit, whichever
is later.
B.
The deed restriction shall be approved by the Borough
Attorney as to form and shall follow the standard restrictive covenant
and mortgage lien adopted by COAH (Affordable Housing Agreement, Second
Repayment Mortgage, and Second Mortgage Repayment Note, N.J.A.C. 5:92-12
- APPENDIX), or if amended, as approved by COAH.
C.
The Borough shall not issue a certificate of occupancy
for initial occupancy of an affordable housing unit unless the Borough
Affordable Housing Board certifies in writing that the unit is to
be controlled by a deed restriction and mortgage lien as adopted or
approved by COAH.
D.
The initial affordability and continuing affordability
of all affordable housing units shall be governed by the COAH Substantive
Rules on Controls on Affordability, N.J.A.C. 5:92-12.
A.
A certificate of reoccupancy must be issued by the
Borough before the occupancy of an affordable housing unit resulting
from the resale of an affordable housing unit, and the Borough shall
not issue such a certificate unless there is a written determination
by the Borough of Norwood Affordable Housing Board, established by
this article, that the unit is to be controlled by a deed restriction
and mortgage lien as adopted or approved by COAH.
B.
Purchasers of sales affordable housing units shall
execute the deed restriction prior to issuance of a certificate of
reoccupancy regardless of whether the seller had executed the deed
restriction and mortgage lien adopted or approved by COAH upon acquisition
of the property.
C.
The certificate of reoccupancy shall not be required
for sales of the units for which the affordability controls are allowed
to expire or for which the repayment option is being exercised by
the seller of an affordable housing unit, under COAH regulations,
N.J.A.C. 5:92-12.3.
A.
After expiration of the initial period of controls
on affordability (minimum of 20 years), either the Borough, the New
Jersey Department of Community Affairs, the New Jersey Housing and
Mortgage Finance Agency or a qualified nonprofit organization designated
by COAH shall have, at the time of the first nonexempt sale, a ninety-day
option to purchase an affordable housing unit at the maximum restricted
price.
B.
A governmental agency that exercises the purchase
option may then either:
(1)
Extend further the period of controls on affordability
by selling or renting the unit to another qualified low- or moderate-income
household selected by the Borough of Norwood Affordable Housing Board
established by this article; or
(2)
Sell the unit at fair market value and use the permitted
proceeds (difference between the fair market value and the restricted
unit price, after reasonable real estate broker fees have been paid)
to create, rehabilitate or maintain low- and moderate-income housing
in the Borough or housing region.
C.
A nonprofit organization that exercises the purchase
option shall sell or rent the affordable unit to a qualified low-or
moderate-income household selected by the Borough of Norwood Affordable
Housing Board.
D.
If the option is not exercised by an eligible governmental
agency or nonprofit organization, then the seller may either:
(1)
Sell the unit to another low- or moderate-income household
at the controlled unit sales price; or
(2)
Exercise the repurchase option and sell the unit to
any purchaser at market value, provided that 95% of the difference
between the controlled unit price and the fair market value, after
reasonable real estate broker fees have been paid, is paid to the
Borough Affordable Housing Board at closing, in order to recapture
any windfall and deposited in the Borough Affordable Housing Trust
Fund. These recaptured funds shall be used for the sole purpose of
creating, rehabilitating or maintaining low- and moderate-income housing
in the Borough and housing region, according to a plan approved by
COAH.
E.
The notice and other administrative provisions of
COAH regulations, N.J.A.C. 5:92-12.3 through 5:92-12.9, effective
as of the date of the adoption of this article shall govern this purchase
option and repayment option for affordable units whose period of affordability
controls has expired.
A.
The average price or rent of affordable housing units
shall be, as best as practicable, affordable to households at 57 1/2%
of the median-household income.
B.
Affordable housing units shall be priced or rented
so that for every 20 low- and moderate-income units containing the
same number of bedrooms sold or rented at a development, the units
are affordable to low- and moderate-income households, as best as
practicable, in the nine categories of median-household income, as
follows:
|
Low Income
| |
|
1 unit at 40% through 42.5% of median income
| |
|
3 units at 42.6% through 47.5% of median income
| |
|
6 units at 47.6% through 50% of median income
| |
|
1 unit at 50.1% through 57.5% of median income
| |
|
1 unit at 57.6% through 64.5% of median income
| |
|
1 unit at 64.6% through 68.5% of median income
| |
|
1 unit at 68.6% through 72.5% of median income
| |
|
2 units at 72.6% through 77.5% of median income
| |
|
4 units at 77.6% through 80% of median income
|
The price of an owner-occupied affordable housing
unit and the rents of affordable housing units may be increased annually
based on the annual percentage increase in the median household income.
A.
B.
The Mayor shall appoint the Chairperson of the Board
from among its members. The Board shall organize and conduct its activities
under the supervision of the Mayor.
A.
The Board shall be the administrative mechanism responsible
for assuring that affordable housing units developed or rehabilitated
in the Borough continue to remain affordable to low- and moderate-income
households, as required by COAH regulations, N.J.A.C. 5:92-12.11.
B.
The Board shall design and implement an affirmative
program to market the designated affordable housing units to eligible
households in the Borough and its housing region, or the developer
of the affordable housing units may, at its discretion, enter into
an agreement with a nonprofit organization or a governmental agency
to perform this duty.
C.
The Board shall issue, on an as-needed basis but at
least annually, a call for applications for prospective purchasers
and tenants of affordable housing in Norwood, particularly for resales
and rentals.
D.
The Board shall screen and qualify prospective purchasers
and tenants of designated affordable housing units, or the developer
of the affordable housing units may, at its discretion, enter into
an agreement with a nonprofit organization or a governmental agency
to perform this duty.
E.
The Board shall review and comment to the Planning
Board on the Developer's Affordable Housing Plan submitted with an
application for development that provides for affordable housing units.
F.
The Board shall enforce the controls on resales and
rerentals of designated affordable housing units.
G.
The Board shall, at a minimum, provide an annual written
report to the Mayor, Borough Council and Planning Board on its activities
and the progress and problems, if any, in providing affordable housing
and assuring the continued affordability of this housing. The Board
shall also prepare and submit the reports required by COAH, including
the progress and summary reports on the actual experience of the Board's
affirmative marketing program, as required by N.J.A.C. 5:92-15.2(g)
and (h) and the annual monitoring report on the local housing rehabilitation
program, as required by N.J.A.C. 5:92-17.2.
H.
The Board shall meet quarterly and may meet more frequently
as needed. The Chairperson of the Board may call special meetings
of the Board.
I.
The Board may adopt its own rules and guidelines,
consistent with the provisions of this article and the regulations
adopted by COAH, N.J.A.C. 5:92-1 et seq.
The Municipal Housing Officer shall be appointed
by the Mayor and shall serve as staff to the Affordable Housing Board.
The Municipal Housing Officer may be a municipal employee or the Borough
may enter into an agreement with a nonprofit organization, governmental
agency, consultant or private entity to assist the Board in the performance
of its duties.
A.
The Affordable Housing Board shall provide for the
affirmative marketing of all affordable housing units, or the developer
of the affordable housing units may, at its discretion, enter into
an agreement with a nonprofit organization or a governmental agency
to perform this responsibility by taking all appropriate steps which
shall include but not be limited to:
(1)
Identifying representative groups operating in the
Borough and its housing region, including community-based and civic
organizations, councils of religious organizations, welfare and social
service agencies, etc.
(2)
Marketing actively the affordable housing units with
the assistance of these representative groups.
(3)
Ensuring that low- and moderate-income persons of
all races and ethnic groups are informed of the affordable housing
opportunities in the development, feel welcome to buy or rent such
housing and have the opportunity to buy or rent such housing, subject
only to the purchaser and tenant selection procedures defined in this
article.
B.
The affirmative marketing program shall include publishing
notices and display advertisements announcing the availability of
the designated affordable housing units in newspapers of general circulation
in the Borough and its housing region. It shall also include preparation
and distribution of appropriate brochures. Notices shall also be published
in newspapers, periodicals and other media aimed at black and Hispanic
populations.
C.
The affirmative marketing program shall include advertising
and other outreach activities realistically designed to reach:
(1)
Low- and moderate-income persons of all races and
ethnic groups in municipalities in the Borough's housing region that
have higher than statewide average proportions of blacks, Hispanics
or low- and moderate-income households.
(2)
Low- and moderate-income persons of all races and
ethnic groups who work in Bergen County but do not live within Bergen
County.
D.
The affirmative marketing program shall begin at least
90 days before issuance of either temporary or permanent certificates
of occupancy for an affordable housing unit and shall continue until
all affordable housing units are under contract of sale or lease.
E.
The affirmative marketing program shall specify that
applications for affordable housing units be submitted to the Board
or to the designated nonprofit organization or governmental agency
responsible for affirmative marketing for a specific development.
The Board shall promptly transmit copies of any applications it receives
to such an affirmative marketing entity.
F.
The Board shall develop and maintain a register of
applicants for purchase or rental of affordable housing in Norwood.
At least annually, the Board shall conduct an affirmative marketing
program, as specified in this article, to establish and update this
pool of applicants for affordable housing units that may become available
through initial sales, initial rentals, resales or rerentals. The
Board shall require annually in writing that applicants file with
the Board, by a specified deadline (at least 30 days from the date
of the Board's notice), current information on gross household income,
in order for the Board to maintain its register of eligible applicants.
The Board shall promptly notify all applicants in writing of their
eligibility or ineligibility, with stated reasons for a finding of
ineligibility.
Affordable housing units shall be available
to all income-eligible households, without any preference for place
of residence or work.
A.
The Affordable Housing Board shall screen and determine
whether prospective purchasers and tenants qualify and are eligible
for the designated affordable housing units built in a development
within the Borough, unless the developer of the affordable housing
units, at its discretion, enters into an agreement with a nonprofit
organization or a governmental agency to perform this responsibility.
The qualification criterion shall be gross household income.
B.
The Board or an entity performing this task on behalf
of a developer shall also prequalify prospective purchasers of affordable
housing units prior to submission of applications for mortgages and
provide credit/debt counseling as needed.
C.
Prospective purchasers and tenants of affordable housing
units shall be selected from the pool of eligible applicants on a
random basis, and applicants shall be matched with available units
appropriate to the household's size and income, within the constraints
of the range of affordability of this article.
D.
The Board shall recommend eligible prospective purchasers
to the developer of affordable housing units for purchase, unless
the developer of the affordable housing units, at its discretion,
enters into an agreement with a nonprofit organization or a governmental
agency to perform this responsibility. The Board shall recommend eligible
prospective tenants to the owner-manager of affordable housing units
for rental. In any case, the purchaser and tenant selection mechanism
shall be independent of the developer of sales units or owner of rental
units.
E.
A housing applicant who declines three offers to lease
or purchase units appropriate to the applicant's household size and
income shall lose all preference and must submit a new application
to the Board to again become eligible to purchase or lease affordable
housing units.
The developer shall submit to the Planning Board
and the Affordable Housing Board a developer's affordable housing
plan that demonstrates compliance with the affordable housing requirements
of this article, including the affirmative marketing, purchaser and
tenant selection procedures and controls on affordability.
Rental affordable housing units may be converted
to condominium or cooperative units for sale after 10 years, but the
prices of the converted units shall be established following the pricing
procedures and standards of this article. Low-income rental units
shall be converted to low-income sales units; moderate-income rental
units may be converted to low-income or moderate-income sales units.
Resale restrictions shall apply for at least a total of 25 years from
the issuance of the certificate of occupancy of the unit or the date
of closing and transfer of title for initial ownership of the unit,
whichever is later.
A.
Persons wishing to sell affordable housing units after
initial occupancy and during the period of controls on affordability
shall notify the Borough Affordable Housing Board of the intent to
sell and shall offer a contract of sale to the housing applicant selected
by the Board, which shall follow the purchaser selection procedures
of this article.
B.
If the housing applicant selected by the Board fails
to enter a contract to purchase the unit at the permitted price within
10 days after being offered such a contract, then the seller shall
request that the Board select randomly another eligible housing applicant.
The seller may not independently obtain an income-eligible purchaser
until the Board has exhausted its pool of eligible applicants.
C.
If no eligible buyer enters a contract of sale within
90 days of notice of intent to sell, the seller may apply to the Board
for a hardship waiver and the Board shall have the option to purchase
the affordable housing unit for the maximum price permitted based
on the percentage increase in the median household income since the
previous transfer of ownership. If the Board does not sign an agreement
to purchase the unit within 30 days after the ninety-day notice period
expires, the seller may apply to the Board for permission to offer
the unit to a nonincome eligible household at the maximum price permitted.
The Board may transfer this option to the New Jersey Department of
Community Affairs, the New Jersey Housing and Mortgage Finance Agency
or a qualified nonprofit organization designated by COAH. The seller
shall document efforts to sell the unit to an income eligible household
as part of this application for a hardship waiver. If this request
is granted, the seller may offer a low-income unit to a moderate-income
household and may offer a moderate-income unit to households with
incomes in excess of 80% of the median income. In no case shall the
seller be permitted to receive more than the maximum price permitted.
In no case shall a resale under this section eliminate the resale
controls on this unit or permit any subsequent seller to convey the
unit, except in full compliance with the terms of this article and
COAH regulations, N.J.A.C. 5:92. In all cases, the seller shall file
a copy of the contract of sale with the Board within 10 days of its
signing and shall file a copy of the deed with the Board within 10
days of the closing of title.
A.
Property owners of single-family, owner-occupied housing
may apply to the Board for permission to increase the maximum resale
price to account for eligible capital improvements. Eligible capital
improvements shall only be those that render the unit suitable for
a larger household. In no event shall the maximum price of an improved
affordable housing unit exceed the limits of affordability for the
larger household.
B.
At resale, all items of property which are permanently
affixed to the unit and/or were included when the unit was initially
restricted as to price (for example, refrigerator, range, washer,
dryer, dishwasher and wall-to-wall carpeting) shall be included in
the maximum allowable resale price. Other items of property may be
sold to the purchaser at a reasonable price that has been approved
by the Board at the time of the signing of the purchase agreement.
Only the purchase of central air conditioning installed after the
initial sale of the unit may be made a condition of the unit resale.
A.
Five types of transfers of ownership or leases of
an affordable housing unit shall be exempt from the resales and rerental
procedures of this section:
(1)
Transfer between spouses.
(2)
Transfer between former spouses ordered as a result
of a judicial decree of separation or divorce, but excluding transfers
to third parties.
(3)
Transfer, upon death of the owner or tenant, to a
family member who had resided in the unit by will or intestate succession.
(4)
Transfer of ownership through an executor's deed to
any person.
(5)
Transfer of ownership by court order, if such order
expressly renders the transfer exempt from these procedures.
B.
An exempt transfer of ownership or lease shall not,
however, terminate the resale or rerental restrictions or existing
liens on the property for any future transfers for the full term of
the affordability controls.
A.
Owners of rental affordable housing units shall promptly
notify the Borough Affordable Housing Board, in writing, of vacancies
and prospective vacancies of designated affordable housing units.
The Board shall then follow the tenant selection procedures of this
section, select randomly and recommend a qualified prospective tenant
to the owner within 30 days.
B.
Owners of low- and moderate-income rental units shall
not offer rental units to nonincome eligible households without prior
written approval of COAH and compliance with the requirements and
procedures of the COAH regulations, N.J.A.C. 5:92-12.15(c), effective
as of the date of adoption of this article.
A.
The owner of rental affordable housing units shall
notify the Borough Affordable Housing Board of the address of each
affordable housing unit rented and the name of each new tenant within
10 days of making any lease for a unit.
B.
The owner of rental affordable housing units shall
file with the Board an annual report no later than January 15 of each
year, listing the following information for each unit, as of January
1 of such year:
Designated affordable housing units purchased
by low- and moderate-income households may not be rented without the
prior written permission of the Board. Such affordable housing units
may only be rented to eligible low or moderate-income household tenants
selected and recommended by the Board.
A.
Affordable housing units shall be located at the same
site as market-priced units in a development, equally and fairly interspersed
throughout the entire development, not isolated from the market-priced
units in any manner and situated in locations equally accessible to
common open space, recreation and community facilities as market-priced
units.
B.
The exterior design of affordable housing units shall
be harmonious in scale, texture and materials with the market-priced
units in a development and shall minimize any difference in their
physical appearances.
A.
Affordable housing units shall be built in accordance
with the following phasing schedule in developments that combine market-priced
and affordable housing units:
|
Minimum Percentage of Low and Moderate
Units Completed
|
Percentage of Market-Priced Units Completed
| |
|---|---|---|
|
0
|
25%
| |
|
10
|
25% + 1 unit
| |
|
50
|
50%
| |
|
75
|
75%
| |
|
100
|
90%
| |
|
--
|
100%
|
B.
A unit is deemed completed when its certificate of
occupancy has been issued.
[Added 10-3-2006 by Ord. No. 06:16]
A.
Purpose. The purpose of this section is to create
the administrative mechanisms needed for the execution of Norwood's
responsibility to assist in the provision of affordable housing pursuant
to the Fair Housing Act of 1985.
B.
ADMINISTRATIVE AGENT
BOROUGH
MUNICIPAL HOUSING LIAISON
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
the Borough to ensure that the restricted units under administration
are affirmatively marketed and sold or rented, as applicable, only
to low- and moderate-income households.
The Borough of Norwood.
The employee charged by the governing body with the responsibility
for oversight and administration of the affordable housing program
for the Borough.
C.
Establishment of Municipal Housing Liaison position
and compensation; powers and duties.
(1)
There is hereby established the position of
Municipal Housing Liaison for the Borough.
(2)
Subject to the approval of the Council on Affordable
Housing (COAH), the Municipal Housing Liaison shall be appointed by
the Mayor and Council and may be a full- or part-time municipal employee.
(3)
The Municipal Housing Liaison shall be responsible
for oversight and administration of the affordable housing program
for the Borough, including the following responsibilities which may
not be contracted out:
(a)
Serving as the Borough's primary point of contact
for all inquiries from the state, affordable housing providers, administrative
agents, and interested households;
(b)
Monitoring the status of all restricted units
in Borough's Fair Share Plan;
(c)
Compiling, verifying, and submitting annual
reports as required by COAH;
(d)
Coordinating meetings with affordable housing
providers and administrative agents, as applicable;
(e)
Attending continuing education opportunities
on affordability controls, compliance monitoring, and affirmative
marketing as offered or approved by COAH;
(4)
Subject to approval by COAH, the Borough may
contract with or authorize a consultant, authority, government or
any agency charged by the Mayor and Council, which entity shall have
the responsibility of administering the affordable housing program
of the Borough. If the Borough contracts with another entity to administer
all or any part of the affordable housing program, including the affordability
controls and Affirmative Marketing Plan, the Municipal Housing Liaison
shall supervise the contracting administrative agent.
(5)
Compensation. Compensation shall be fixed by
the Mayor and Council at the time of the appointment of the Municipal
Housing Liaison.
(6)
Administrative powers and duties assigned to
the Municipal Housing Liaison.
(a)
Affirmative marketing.
[1]
Conducting an outreach process to ensure affirmative
marketing of affordable housing units in accordance with the Affirmative
Marketing Plan of the Borough 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 Appendices 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; and
[6]
Employing the random selection process as provided
in the Affirmative Marketing Plan of the Borough when referring households
for certification to affordable units.
(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 appropriate county's register of deeds or 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)
Resale and rental.
[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
rental; and
[2]
Instituting and maintaining an effective means
of communicating information to low- and moderate-income households
regarding the availability of restricted units for resale or re-rental.
(e)
Processing requests from unit owners.
[1]
Reviewing and approving requests from owners
of restricted units who wish to take out home equity loans or refinance
during the term of their ownership;
[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 cost of central air-conditioning systems;
and
[3]
Processing requests and making determinations
on requests by owners of restricted units for hardship waivers.
(f)
Enforcement.
[1]
Securing annually lists 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]
The posting annually in all rental properties,
including two-family homes, of a notice as to the maximum permitted
rent together with the telephone number of the administrative agent
where complaints of excess rent 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
or other appropriate municipal fund approved by the DCA;
[6]
Establishing a rent-to-equity program;
[7]
Creating and publishing a written operating
manual, as approved by COAH, setting forth procedures for administering
such affordability controls; and
[8]
Providing annual reports to COAH as required.
(g)
The administrative agent shall have authority
to take all actions necessary and appropriate to carry out its responsibilities
hereunder.
[Added 8-11-2021 by Ord. No. 21:04]
A.
Except as otherwise regulated in this article, any multifamily residential
development or redevelopment application in any zoning district proposing
five or more new dwelling units will be required, in the case of for-sale
projects, to set aside 20% of these units for affordable housing,
and in the case of rental projects, to set aside 15% of these units
for affordable to low- and moderate-income households.
B.
This requirement applies to all new multifamily residential developments
of five or more units that become permissible through either a use
variance, a density variance increasing the permissible density at
the site, a rezoning permitting multifamily residential housing where
not previously permitted, or new a development plan.
C.
This requirement does not apply to residential expansions, additions,
renovations, replacements, or any other type of residential development
that does not result in a net increase of five or more in the number
of dwellings.
D.
This requirement does not give any developer the right to any rezoning,
variance, or other relief, or establish any obligation on the part
of the Borough to grant any rezoning, variance, or other relief. Property
may not be permitted to be subdivided so as to avoid compliance with
the requirements of this section.
E.
All affordable housing units built as required by this section will
comply with the requirements of the Norwood Code relating to affordable
housing and the Uniform Housing Affordability Controls, (N.J.A.C.
5:80-26.1 et seq.).
