The following terms when used in this chapter shall have the
meanings given in this section:
ACCESSORY APARTMENT
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site.
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 responsible for the administration of affordable
units in accordance with this chapter, N.J.A.C. 5:96, N.J.A.C. 5:97
and N.J.A.C. 5:80-26.1 et seq.
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 restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
AFFORDABLE
A sales price or rent within the means of a low- or moderate-income
household as defined in N.J.A.C. 5:97-9; 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 the Housing Plan Element and Fair
Share Plan, and includes, but is not limited to an inclusionary development,
a municipal construction project or a 100% affordable 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, credited
pursuant to N.J.A.C. 5:97-4, 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: 1) all the residents of the development where the unit
is situated are 62 years or older; or 2) at least 80% of the units
are occupied by one person that is 55 years or older; or 3) 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.).
ASSISTED-LIVING RESIDENCE
A facility 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, which is in, but not of,
the Department of Community Affairs of the State of New Jersey, that
was established under 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
require 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
proposed to be included in a proposed development, including the holder
of an option to contract or 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 necessarily limited to: new
construction, the conversion of a nonresidential structure to residential
and the creation of new affordable units through the 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 median household income.
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 or 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 county,
as adopted annually by COAH.
MODERATE-INCOME HOUSEHOLD
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
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 COAH's adopted Regional Income Limits published
annually by COAH.
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 ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be 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.
5:80-26.1 et seq.
VERY-LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal
to 30% or less of the median household income.
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 rehabilitation.
The Borough of Wallington 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 one year after the judgment of compliance and repose, and
on every anniversary of that date through 2025, the Borough 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 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.
(1) Beginning one year after the judgment of compliance and repose, and
on every anniversary of that date through 2025, the Borough 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 Fair Share Housing
Center, using forms previously developed for this purpose by COAH,
or any other forms endorsed by the Court-appointed Special Master
and FSHC.
(2) The Fair Housing Act includes two provisions regarding action to
be taken by the Borough during its ten-year repose period. Pursuant
to the settlement agreement with FSHC, the Borough will comply with
those provisions as follows:
(a)
For the midpoint realistic opportunity review due on July 2,
2020, as required pursuant to N.J.S.A. 52:27D-313, the Borough will
post on its municipal website, with a copy provided to Fair Share
Housing Center, 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 the mechanisms
to meet unmet need should be revised or supplemented. Such posting
shall invite any interested party to submit comments to the Borough,
with a copy to Fair Share Housing Center, regarding whether any sites
no longer present a realistic opportunity and should be replaced and
whether the 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.
(b)
For the review of very-low-income housing requirements required
by N.J.S.A. 52:27D-329.1, within 30 days of the third anniversary
of the Borough's judgment of compliance and repose, and every
third year thereafter, the Borough will post on its municipal website,
with a copy provided to Fair Share Housing Center, a status report
as to its satisfaction of its very-low-income requirements, including
the family very-low-income requirements referenced herein. Such posting
shall invite any interested party to submit comments to the Borough
and Fair Share Housing Center on the issue of whether the Borough
has complied with its very-low-income housing obligation under the
terms of this settlement.
(c)
In addition to the foregoing postings, the Borough may also
elect to file copies of its reports with COAH or its successor agency
at the state level.
The Borough of Wallington has determined that it will use the
following mechanisms to satisfy its affordable housing obligations,
as follows:
A. Rehabilitation program.
(1) Wallington Borough's rehabilitation program shall be designed
to renovate deficient housing units occupied by low- and moderate-income
households such that, after rehabilitation, these units will comply
with the New Jersey State Housing Code pursuant to N.J.A.C. 5:28.
(2) Both, owner-occupied and renter-occupied units shall be eligible
for rehabilitation funds.
(3) All rehabilitated units shall remain affordable to low- and moderate-income
households for a period of 10 years (the control period). For owner-occupied
units the control period will be enforced with a lien and for renter-occupied
units the control period will be enforced with a deed restriction.
(4) The Borough of Wallington shall dedicate a minimum of $10,000 for
each unit to be rehabilitated through this program, reflecting the
minimum hard cost of rehabilitation for each unit.
(5) The Borough of Wallington shall adopt a resolution committing to
fund any shortfall in the rehabilitation programs for Wallington Borough.
(6) The Borough of Wallington shall designate, subject to the approval
of the Court pursuant to the Court order, one or more administrative
agents to administer the rehabilitation program in accordance with
N.J.A.C. 5:96 and 5:97. The administrative agent(s) shall provide
a rehabilitation manual for the owner-occupancy rehabilitation program
and a rehabilitation manual for the rental-occupancy rehabilitation
program to be adopted by resolution of the governing body and subject
to approval of the Court. Both rehabilitation manuals shall be available
for public inspection in the office of the Municipal Clerk and in
the office(s) of the administrative agent(s).
(7) Units in a rehabilitation program shall be exempt from N.J.A.C. 5:97-9
and Uniform Housing Affordability Controls (UHAC), but shall be administered
in accordance with the following:
(a)
If a unit is vacant, upon initial rental subsequent to rehabilitation,
or if a renter-occupied unit is rerented prior to the end of controls
on affordability, the deed restriction shall require the unit to be
rented to a low- or moderate-income household at an affordable rent
and affirmatively marketed pursuant to N.J.A.C. 5:97-9 and UHAC.
(b)
If a unit is renter-occupied, upon completion of the rehabilitation,
the maximum rate of rent shall be the lesser of the current rent or
the maximum permitted rent pursuant to N.J.A.C. 5:97-9 and UHAC.
(c)
Rents in rehabilitated units may increase annually based on
the standards in N.J.A.C. 5:97-9.
(d)
Applicant and/or tenant households shall be certified as income-eligible
in accordance with N.J.A.C. 5:97-9 and UHAC, except that households
in owner-occupied units shall be exempt from the regional asset limit.
B. Supportive and special needs housing. All supportive and special
needs housing, including group homes, shall conform to the provisions
of N.J.A.C. 5:97-6.10.
C. Municipally sponsored affordable developments. All municipally sponsored
affordable housing, including group homes, shall conform to the provisions
of N.J.A.C. 5:97-6.7, and all units shall comply with N.J.A.C. 5:97-9
and UHAC.
Appeals from all decisions of an administrative agent appointed
pursuant to this chapter shall be filed, in writing, with the Superior
Court or other agency as provided for by law.
The Municipal Council of the Borough of Wallington does hereby
find and declare that:
A. The occupants of numerous residential, commercial and industrial
establishments in the Borough of Wallington have found it desirable
to make provision for the installation upon their premises, at their
own cost and expense, of alarm systems for emergencies, such as burglary,
intrusion, fire, smoke, flood and like perils.
B. The public interest, therefore, requires the enactment of rules,
regulations, standards and procedures to regulate and control the
private alarm business in the Borough of Wallington to the end that:
(1) The municipal departments and agencies charged with the protection
of public safety may efficiently and economically coordinate their
functions with the various alarm systems to which the public of the
Borough of Wallington may subscribe.
(2) The quality of the alarm services rendered to the public may be improved
and maintained at a high level.
The purpose of this chapter is to provide standards and regulations
for various types of intrusion, security and fire emergency alarm
devices that activate an alarm which requires a response thereto by
the Borough of Wallington Police Department or Fire Department.
The provisions of this chapter shall apply to any person who
operates, maintains or owns any alarm device designed to summon police
or fire personnel to any location in response to an alarm.
As used in this chapter, the following terms shall have the
meanings indicated:
ALARM DEVICE
Any type of equipment providing warning of intrusion, fire
or other danger by way of audible signal or other means.
FALSE ALARM
Any alarm activated by inadvertence, negligence, unintentional
or intentional act of someone other than an intruder or by fire, including,
but not limited to, alarms caused by malfunctioning of the alarm device,
but shall not include alarms caused by an activity by a public utility.
PERSON
Includes any natural person, partnership, corporation or
association.
RESIDENTIAL DWELLING
Two-family houses or less or multiple-dwelling units without
commercial space containing four or less units.
The Borough Administrator may promulgate written rules and regulations
supplementing this chapter in order to provide for accurate recordkeeping
and efficient management.