The following words and terms, when used in this article, shall
have the following meanings given in this section, unless the context
clearly indicates otherwise:
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 article, N.J.A.C. 5:93, and UHAC (N.J.A.C. 5:80-26.1).
AFFIRMATIVE MARKETING
A regional marketing strategy designed by the Township 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
Plan 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% affordable housing development.
AFFORDABLE HOUSING PROGRAM(S)
Any mechanism in the Township's Fair Share Plan prepared
or implemented to address the Township's fair share obligation.
AFFORDABLE UNIT
A housing unit proposed or created pursuant to the Act and
approved for crediting by the Court or funded through an affordable
housing trust fund, or both.
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 building 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 which is licensed by the 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.
Apartment units offer, 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 very-low-income, low-income or moderate-income household.
COAH or THE COUNCIL
The New Jersey Council on Affordable Housing, as established
by the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.),
which has primary jurisdiction for the administration of housing obligations
in accordance with sound regional planning consideration in the state.
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, joint venture, company,
agency, 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.
DEVELOPMENT FEE
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:93-8.8.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average
ratio of assessed-to-true value for the Township, as determined in
accordance with N.J.S.A. 54:1-35a through 54:1-35c.
GREEN BUILDING STRATEGIES
Those strategies that minimize the impact of development
on the environment, and enhance the health, safety and well-being
of residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
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 building to residential use and
the creation of new affordable units through the gut rehabilitation
or reconstruction of a vacant residential building.
INTENSITY OF USE
Either:
A.
An increase in residential density, i.e., the number of dwelling
units per acre;
B.
An increase in floor area ratio (FAR) for nonresidential development;
or
C.
Conversion of an existing structure that uses the structure
more intensely, and which results in an increase in the equalized
assessed value of the improved structure, as demonstrated by, but
not limited to:
(1)
An increase in employees;
(2)
An increase in customers;
(4)
An increase in parking spaces;
(5)
An increase in hours of operation; or
(6)
A change of existing uninhabitable space to habitable space.
JUDGMENT OF REPOSE
A judgment issued by the Superior Court of New Jersey approving
a Township's plan to satisfy its fair share obligation.
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 very-low-, 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 the Township pursuant to this article,
by COAH or a successor entity approved by the Superior Court of New
Jersey.
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 spouses; 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 et seq.
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 the Urban Homeownership Recovery Program ("UHORP")
or Market Oriented Neighborhood Investment ("MONI") program.
SET-ASIDE
The percentage of housing units devoted to very-low-, low-
and moderate-income households within an inclusionary development.
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 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.
The Township shall comply with the following monitoring and
reporting requirements regarding the status of the implementation
of its Court-approved Housing Plan Element and Fair Share Plan:
A. Beginning on January 15, 2022, and on every anniversary of that date
thereafter through July 1, 2025, the Township agrees to provide annual
reporting of its Affordable Housing Trust Fund activity to the New
Jersey Department of Community Affairs ("NJDCA"), COAH, or Local Government
Services ("NJLGS"), or other entity designated by the State of New
Jersey, with a copy provided to FSHC and posted on the municipal website,
using forms developed for this purpose by the NJDCA, COAH, or 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 January 15, 2022, and on every anniversary thereafter
of that date through July 1, 2025, the Township agrees to provide
annual reporting of the status of all affordable housing activity
within the Township through posting on the municipal website with
a copy of such posting provided to FSHC, using forms previously developed
for this purpose by COAH or any other forms endorsed by the Special
Master and FSHC.
C. By July 1, 2022, 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
or plan components to meet unmet need should be revised or supplemented.
D. By July 1, 2022, 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
written comments to the Township and Fair Share Housing Center on
issues regarding said requirements.
Price restrictions for restricted ownership units shall be in
accordance with N.J.A.C. 5:80-26.1, 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 homeowners' 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 §
330-51.
An administrative agent shall be an independent entity serving
under contract to and reporting to the Township. 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 N.J.A.C.
5:80-26.14, 5:80-26.16 and 5:80-26.18 thereof, which include:
A. Affirmative marketing.
(1) Conducting an outreach process to affirmatively market affordable
housing units in accordance with the Affirmative Marketing Plan of
the Township 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;
(6) Employing a random selection process as provided in the Affirmative
Marketing Plan when referring households for certification to affordable
units; and
(7) Notifying the following entities of the availability of affordable
housing units in the Township: Fair Share Housing Center, New Jersey
State Conference of the NAACP, the Latino Action Network, Southern
Burlington County NAACP, Supportive Housing Association, and New 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 Burlington
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 article;
(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 Township 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 Township a list of all for-sale 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
Township'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. Retention of records, including affordable housing agreements, leases,
correspondence, inspections, and recorded deeds.
H. 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 article.
(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.
Appeals from all decisions of an administrative agent appointed
pursuant to this article shall be filed, in writing, as an action
in lieu of prerogative writ in the Superior Court, Law Division, in
the county with jurisdiction over the Township's affordable housing
proceedings, or in such other manner as the Superior Court of New
Jersey may direct.
Beginning on January 15, 2022, and in each year thereafter through
July 1, 2025, the Township shall provide annual reporting of trust
fund activity to the DCA, COAH, or NJLGS, or other entity designated
by the State of New Jersey, with a copy provided to Fair Share Housing
Center and posted on the municipal website, using forms developed
for this purpose by the DCA, COAH, or NJLGS. This reporting shall
include an accounting of all housing trust fund activity, including
the source and amount of funds collected and the amount and purpose
for which any funds have been expended.
The ability of the Township to impose, collect and expend development
fees shall expire with its Court-issued judgment of compliance and
repose unless the Township has filed an adopted Housing Plan Element
and Fair Share Plan with the Court or other appropriate jurisdiction,
has filed a declaratory judgment action, and has received the Court's
approval of its development fee ordinance. If the Township fails to
renew its ability to impose and collect development fees prior to
the expiration of its judgment of compliance and repose, it may be
subject to forfeiture of any or all funds remaining within its municipal
trust fund. Any funds so forfeited shall be deposited into the New
Jersey Affordable Housing Trust Fund established pursuant to N.J.S.A.
52:27D-320. The Township shall neither impose a residential development
fee on a development that receives preliminary or final site plan
approval after the expiration of its judgment of compliance and repose,
nor impose a development fee retroactively on such a development.
The Township shall not expend development fees after the expiration
of its judgment of compliance and repose.