[Adopted 2-21-2004 by Ord. No. 2004-3;
amended 11-10-2004 by Ord. No. 2004-22]
This section of the Springfield Township Code
sets forth regulations regarding low- and moderate-income housing
units in Springfield Township that are consistent with the provisions
of N.J.A.C. 5:93 et seq. as effective on June 6, 1994. These rules
are pursuant to the Fair Housing Act of 1985 and Springfield Township's
constitutional obligation to provide for its fair share of low- and
moderate-income housing.
A.
Springfield Township's new construction or inclusionary
component will be divided equally between low- and moderate-income
households as per N.J.A.C. 5:93-2.20. Springfield Township's 2001
Housing Element does not call for any units to be provided in inclusionary
developments. However, should the Planning Board amend the Housing
Element to incorporate inclusionary developments, the following standards
will apply.
B.
Except for inclusionary developments constructed pursuant
to low-income tax credit regulations:
(1)
At least 1/2 of all units within each inclusionary
development will be affordable to low-income households; and
(2)
At least 1/2 of all rental units will be affordable
to low-income households; and
(3)
At least 1/3 of all units in each bedroom distribution
pursuant to N.J.A.C. 5:93-7.3 will be affordable to low-income households.
C.
Inclusionary developments that are not restricted
to senior citizens will be structured in conjunction with realistic
market demands so that:
(1)
The combination of efficiency and one-bedroom units
is at least 10% and no greater than 20% of the total low- and moderate-income
units; and
(2)
At least 30% of all low- and moderate-income units
are two-bedroom units; and
(3)
At least 20% of all low- and moderate-income units
are three-bedroom units; and
(4)
Low- and moderate-income units restricted to senior
citizens may utilize a modified bedroom distribution. At a minimum,
the number of bedrooms will equal the number of senior citizen low-
and moderate-income units within the inclusionary development.
D.
In conjunction with realistic market information,
the following criteria will be used in determining the maximum rents
and sale prices for all affordable housing units within Springfield
Township:
(1)
Efficiency units will be affordable to one person
households; and
(2)
One-bedroom units will be affordable to 1.5 person
households; and
(3)
Two-bedroom units will be affordable to three person
households; and
(4)
Three-bedroom units will be affordable to 4.5 person
households; and
(5)
Median income by household size will be established
by a regional weighted average of the uncapped Section 8 income limits
published by HUD as per N.J.A.C. 5:93-7.4(b); and
(6)
The maximum average rent and price of low- and moderate-income
units within each inclusionary development will be affordable to household
earnings 57.5% of median income; and
(7)
Moderate-income sale units will be available for at
least three different prices and low-income sales units will be available
for at least two different prices; and
(8)
For both owner-occupied and rental units, the low-
and moderate-income units will utilize the same heating source as
market units within an inclusionary development; and
(9)
Low-income units will be reserved for households with
a gross household income less than or equal to 50% of the median income
approved by COAH; moderate income units will be reserved for households
with a gross household income less than 80% of the median income approved
by COAH as per N.J.A.C. 5:93-9.16; and
(10)
The regulations outlined in N.J.A.C. 5:93-9.15 and
9.16 will be applicable for purchased and rental units.
E.
For rental units, developers, municipal sponsors and/or
owners of accessory apartments and residential flats shall:
(1)
Establish one rent for a low-income unit and one rent
for a moderate-income unit for each bedroom distribution; and
(2)
Establish gross rents, including an allowance for
tenant-paid utilities, so as not to exceed 30% of the gross monthly
income of the appropriate household size as per N.J.A.C. 5:93-7.4(a).
The tenant-paid utility allowance will be consistent with the utility
allowance approved by HUD for use in New Jersey.
F.
For sale units:
(1)
The initial price of a low- and moderate-income owner-occupied
single-family housing unit will be established so that after a down
payment of 5%, the monthly principal, interest, homeowner and private
mortgage insurance, property taxes (based on the restricted value
of the low- and moderate-income unit) and condominium or homeowner
fee (if any) do not exceed 28% of the eligible gross monthly income;
and
(2)
Master deeds of inclusionary developments will regulate
condominium or homeowner association fees or special assessments of
low- and moderate-income purchasers at 100% of those paid by market
purchasers. This percentage is consistent with the requirements of
N.J.A.C. 5:93-7.4(e). Once established within the master deed, the
one-hundred-percent fee structure will not be amended without prior
approval from COAH; and
(3)
Springfield Township will follow the general provisions
concerning uniform deed restriction liens and enforcement through
certificates of occupancy or reoccupancy on sale units as per N.J.A.C.
5:93-9.3; and
(4)
Springfield Township will require a certificate of
reoccupancy for any occupancy of a low- or moderate-income sales unit
resulting from a resale as per N.J.A.C. 5:93-9.3(c); and
(5)
Municipal, state, nonprofit and seller options regarding
sale units will be consistent with N.J.A.C. 5:93-9.5 to 9.8. Municipal
rejection of repayment options for sale units will be consistent with
N.J.A.C. 5:93-9.9; and
(6)
The continued application of options to create, rehabilitate
or maintain low- and moderate-income sale units will be consistent
with N.J.A.C. 5:93-9.10; and
(7)
Eligible capital improvements prior to the expiration
of controls on sale units will be consistent with N.J.A.C. 5:93-9.11;
and
(8)
The regulations detailed in N.J.A.C. 5:93-9.12 to
9.14 will be applicable to low- and moderate-income units that are
for-sale units.
G.
In zoning for inclusionary developments, the following
is required:
(1)
Low- and moderate-income units will be built in accordance
with N.J.A.C. 5:93-5.6(d):
|
Minimum Percentage of Low- Moderate-Income
Units Completed
|
Percentage of Market Rate
Housing Units Completed
| |
|---|---|---|
|
0%
|
25%
| |
|
10%
|
25% + 1 unit
| |
|
50%
|
50%
| |
|
75%
|
75%
| |
|
100%
|
90%
| |
|
---
|
100%
|
(2)
A design of inclusionary developments that integrates
low- and moderate-income units with market units is encouraged as
per N.J.A.C. 5:93-5.6(e).
H.
A development fee ordinance was adopted by Springfield
Township on March 12, 2003, as Ordinance No. 2003-5.
I.
To provide assurances that low- and moderate-income
units are created with controls on affordability over time and that
low- and moderate-income households occupy these units, Springfield
Township will designate the Township Manager with the responsibility
of ensuring the affordability of sales and rental units over time.
The Township Manager, with the assistance of a consultant retained
by the Township, will be responsible for those activities detailed
in N.J.A.C. 5:93-9.1(a).
(1)
In addition, the Township Manager will be responsible
for utilizing the verification and certification procedures outlined
in N.J.A.C. 5:93-9.1(b) in placing households in low- and moderate-income
units; and
(2)
Newly constructed low- and moderate-income sales units
will remain affordable to low- and moderate-income households for
at least 30 years. The Township Manager will require all conveyances
of newly constructed units to contain the deed restriction and mortgage
lien adopted by COAH and referred to as Technical Appendix E as found
in N.J.A.C. 5:93; and
(3)
Housing units created through the conversion of a
nonresidential structure will be considered a new housing unit and
will be subject to thirty-year controls on affordability. The Township
Manager will require COAH's appropriate deed restriction and mortgage
lien.
J.
Regarding rehabilitated units:
(1)
Rehabilitated owner-occupied single-family housing
units that are improved to code standard will be subject to affordability
controls for at least six years; and
(2)
Rehabilitated renter-occupied housing units that are
improved to code standard will be subject to affordability controls
for at least 10 years.
K.
Regarding rental units:
(1)
The Township's 2001 Housing Element does not call
for newly constructed low- and moderate-income rental units; however,
should the Planning Board amend the Housing Element to incorporate
such units, they will remain affordable to low- and moderate-income
households for at least 30 years. The Township Manager will require
the deed restriction and lien and deed of easement referred to as
Technical Appendix H as found in N.J.A.C. 5:93; and
(2)
Affordability controls in accessory apartments will
be for a period of at least 10 years, except if the apartment is to
receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then
the controls on affordability will extend for 30 years; and
(3)
Alternative living arrangements will be controlled
in a manner suitable to COAH, that provides assurances that such facilities
will house low- and moderate-income households for at least 10 years
except if the alternative living arrangement is to receive a rental
bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on
affordability will extend for 30 years.
L.
Section 14(b) of the Fair Housing Act, N.J.S.A. 52:27D-301
et seq., incorporates the need to eliminate unnecessary cost-generating
features from Springfield Township's land use ordinances. Accordingly,
if Springfield Township's Fair Share Plan is amended to incorporate
inclusionary development, the Township will also eliminate any development
standards that are not essential to protect the public welfare and
to expedite or fast-track municipal approvals/denials on inclusionary
development applications. Springfield Township will adhere to the
components of N.J.A.C. 5:93-10.1 to 10.3.
M.
Springfield Township has a 1987-1999 fair share obligation
of 68 units, of which 53 is the new construction component. This article
will apply to all accessory apartments/residential flats and to the
write-down/buy-down program and, should the Township's Fair Share
Plan be amended to incorporate inclusionary development, to any such
future developments which may occur:
(1)
The affirmative marketing plan is a regional marketing
strategy designed to attract buyers and/or renters of all majority
and minority groups, regardless of sex, age or number of children,
to housing units which are being marketed by a developer/sponsor municipality
and/or designated administrative agency of affordable housing. The
plan will address the requirements of N.J.A.C. 5:93-11. In addition,
the plan prohibits discrimination in the sale, rental, financing or
other services related to housing on the basis of race, color, sex,
religion, handicap, age, familial status/size or national origin.
Springfield Township is in the housing region consisting of Burlington,
Camden and Gloucester counties. The affirmative marketing program
is a continuing program and will meet the following requirements:
All newspaper articles, announcements and requests for applications
for low- and moderate-income units will appear in the following daily
regional newspapers/publications: the Burlington County Times, the
Camden Courier Post and the Gloucester County Times.
(2)
The primary marketing will take the form of at least
one press release sent to the above publications and a paid daily
advertisement in each of the above newspapers. Additional advertising
and publicity will be on an "as needed" basis.
(3)
The advertisement will include a description of the:
(4)
All newspaper articles, announcements and requests
for applications for low- and moderate-income housing will appear
in neighborhood-oriented weekly newspapers, religious publications
and organizational newsletters within the region, if needed in order
to attract sufficient applicants.
(5)
The following regional radio and/or cable television
station(s) will be used as necessary for public service announcements:
WWJZ (640.0) Mount Holly Radio Co., WGLS (89.7) Rowan College of NJ
and WDBK (91.5) Camden County College.
(6)
The following is the location of applications, brochure(s),
sign(s) and/or poster(s) used as part of the affirmative marketing
program:
(7)
The following is a list of community contact person(s)
and/or organization(s) in Burlington, Camden and Gloucester counties
that will aid in the affirmative marketing program with particular
emphasis on contacts that will reach out to groups that are least
likely to apply for housing within the region:
(8)
Quarterly flyers and applications will be sent to
each of the following agencies for publication in their journals and
for circulation among their members: Board of Realtors in Burlington,
Camden and Gloucester counties.
(9)
Applications will be mailed to prospective applicants
upon request.
(10)
Additionally, quarterly informational circulars and
applications will be sent to the chief administrative employees of
each of the following agencies in Burlington, Camden and Gloucester
counties:
(11)
The random selection method that will be used to select
occupants of low- and moderate-income housing will be specified by
the Township Manager.
(12)
Housing Services, Inc., is the agency under contract
with Springfield Township to administer the affirmative marketing
program. Housing Services, Inc., has the responsibility to income
qualify low- and moderate-income households; to place income eligible
households in low- and moderate-income units upon initial occupancy;
to provide for the initial occupancy of low- and moderate-income units
with income qualified households; to continue to qualify households
for reoccupancy of units as they become vacant during the period of
affordability controls; to assist with advertising and outreach to
low- and moderate-income households; and to enforce the terms of the
deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1. The Township
Manager within Springfield Township is the designated housing officer
to act as liaison with Housing Services, Inc. Housing Services, Inc.
will 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.
(13)
Households who live or work in the COAH-established
housing region may be given preference for sales and rental units
constructed within that housing region. Applicants living outside
the housing region will have an equal opportunity for units after
regional applicants have been initially serviced. Springfield Township
intends to comply with N.J.A.C. 5:93-11.7.
(14)
Should inclusionary development be incorporated into
the Township's Fair Share Plan, all developers of low- and moderate-income
housing units will be required to assist in the marketing of the affordable
units in their respective developments.
(15)
The marketing program will commence at least 120 days
before the issuance of either temporary or permanent certificates
of occupancy. The marketing program will continue until all low- and
moderate-income housing units are initially occupied and for as long
as affordable units are deed-restricted and occupancy for reoccupancy
of units continues to be necessary.
(16)
Housing Services, Inc., will comply with monitoring
and reporting requirements as per N.J.A.C. 5:93-11.6 and 12.1.
N.
Springfield Township will undertake a rehabilitation
program to rehabilitate 15 substandard housing units occupied by low-
and moderate-income households. Springfield Township has designated
the Burlington County Home Improvement Loan Program to administer
the rehabilitation program, including the preparation of a marketing
plan for the rehabilitation program. The rehabilitation program will
be consistent with N.J.A.C. 5:93-5.2(b) through 5.2(l). The Township
shall also administer the Springfield Housing Rehabilitation Program
(SHRP) which supplements the county program and is open to both owners
and renters.
O.
The exterior appearance of low- and moderate-income
units shall be indistinguishable from the facades of market rate units
in any inclusionary developments. The low- and moderate-income units
shall be dispersed throughout the inclusionary developments among
market rate units of the same tenure type to the greatest practicable
extent.
