A. 
There is hereby established an Affordable Housing Board which shall consist of five members appointed by the Mayor, with the advice and consent of the Township Council. The members shall serve without compensation. In the absence of the appointment of an Affordable Housing Board, the governing body shall act in its stead. The governing body or the Affordable Housing Board, as the case may be, may designate any or all of these powers to the Housing Administrator; provided, however, that ultimate responsibility for the execution of the Township's affordable housing program shall remain with the Affordable Housing Board or the governing body, as the case may be.
B. 
The governing body may, at its discretion, elect to enter into a contract with the New Jersey Department of Community Affairs (DCA) for all or a portion of the services and/or responsibilities contained in Chapter 213 of the Wayne Township Code. In the event that the Township contracts with DCA for such services, the rules and regulations of the DCA shall govern the administration of affordability controls.
The Board shall be composed of one member of the Township Council whose appointment shall be for one year, a member of the Planning Board, whose appointment shall be for three years or the duration of the term on the Planning Board, whichever terminates first, and three additional residents of the Township, whose terms shall be for three years each, except that when the Board is initially appointed, one resident member shall be appointed for one year, one member for two years and the third member for three years. Appointments to fill vacancies resulting from the resignations or removal from office shall be to fill the departing members' unexpired term.
The powers of the Affordable Housing Board shall be as follows:
A. 
To adopt procedural rules and regulations as necessary governing the implementation of the Township's affordable housing program.
B. 
To identify, with the prior authorization of the governing body, substandard housing units within the Township and, if necessary, to conduct a survey or arrange for a survey to identify such units.
C. 
To identify sources of government funding that will assist the Township in meeting its current and future goals of supplying affordable housing and to prepare and submit applications to secure such funding.
D. 
To advertise the availability of funds for housing rehabilitation, for down-payment assistance or for such other housing programs as may be authorized by the governing body, if and when such funds are available.
E. 
To maintain a current record of all deed-restricted affordable housing units existing in the Township.
F. 
To maintain duplicate copies of all reports issued by the Housing Administrator with respect to transfers of ownership and changes in occupancy for all deed-restricted affordable housing units.
G. 
To advise the Township's Planning Board and Zoning Board with respect to any applications for inclusionary development not included in the terms of the Township's grant of a judgment of repose.
H. 
To prepare an annual budget for the Affordable Housing Board governing its expenditures for the execution of its duties and functions pursuant to Chapter 211, Zoning (See now Chapter 134, Land Development). The budget shall be prepared in accordance with proper municipal accounting procedures and submitted to the governing body for consideration as part of the annual budget.
I. 
To recommend to the governing body the disbursement of funds from the Housing Fund, if such funds are available, for rehabilitation of housing or for such other purposes as may be authorized by the governing body by ordinance.
J. 
To prepare progress reports which may be required by the court having jurisdiction over the Township's Mount Laurel Compliance Plan.
K. 
To prepare a summary report of the Township's affirmative marketing program as may be required by the court having jurisdiction over the Township's Mount Laurel Compliance Plan.
L. 
To review and approve the Affirmative Marketing Plan prepared by an inclusionary developer based on the guidelines set forth in the Township's ordinances.
M. 
To provide assistance to prospective purchasers and renters of affordable housing units regarding income qualification procedures and criteria and the availability of affordable housing units within the Township.
N. 
To carry out such additional responsibilities as may be necessary to fulfill the Township's affordable housing program in accordance with the judgment of repose issued by the court.
O. 
To establish reasonable fees for services with the approval of the governing body.
There is hereby established the position of Housing Administrator for the Township. The Housing Administrator shall be appointed by the Mayor, with the advice and consent of the governing body, and may be a full- or part-time Township employee, a consultant, an authority or a governmental or other agency contracted by the Township to perform the duties and functions of the Housing Administrator.
Compensation shall be fixed by the governing body at the time of the appointment of the Housing Administrator.
It shall be the responsibility of the Housing Administrator to:
A. 
Monitor and approve all resales and rentals of designated affordable housing units to ensure that purchasers/renters meet the eligibility requirements for low- and moderate-income households as defined by the Council on Affordable Housing.
B. 
Establish selection procedures and criteria for determining certified eligible households as purchasers or renters and determine and certify in recordable form the eligibility of prospective purchasers and renters.
C. 
Monitor and approve all resales and rentals of designated affordable housing units to ensure that the purchase price/rental level are in compliance with the regulations of the Council on Affordable Housing.
D. 
Develop and recommend to the Board policies and procedures to implement all aspects of the Township's affordable housing program.
E. 
Establish application procedures for affordable housing units and maintain a waiting list of prospective purchasers and renters.
F. 
Establish an inventory of affordable housing units and monitor changes in occupancy and the price and rent of each unit for the duration of the affordable control time period.
G. 
Develop a formula to calculate the maximum permissible resale price or rental charge for an affordable housing unit and provide a certification of this calculation to the owner.
H. 
Determine whether the cost or value of a home improvement is eligible for an adjustment in the calculation of the resale price or rental charge for the unit and establish procedures whereby the owner can obtain such a determination prior to the time the home improvement is made.
I. 
Verify that documents have been duly recorded and the deeds and leases of individual affordable housing units reference the appropriate affordable housing agreement and its covenants, conditions and restrictions.
J. 
Establish procedures for proper notification and recapture of excess funds in a case of foreclosure and the pursuit of all remedies in cases of violation or default of the terms of the affordable housing agreement.
K. 
Carry out such additional duties as may be authorized by the Board or governing body and/or required by law.