[Adopted 3-28-1988 by Ord. No. 88-5]
[Amended 10-10-1989 by Ord. No. 89-18]
This Article shall be known as the "Affordable Housing Board Ordinance"
of the Borough of New Providence.
The purpose of this Article is to create the administrative mechanisms
needed for the execution of the Borough of New Providence's responsibility
to assist in the provision of affordable housing pursuant to the Fair Housing
Act of 1985.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
All definitions found in the Municipal Land Use Law and the Zoning Ordinance
of the Borough of New Providence[1] shall apply to this Article.
A.
Establishment of Affordable Housing Board. 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 Borough Council.
The members shall serve without compensation.
B.
Membership of Board and terms of office. The Board shall
be composed of one member of the Borough Council, who shall not also be a
member of the Planning Board, whose appointment shall be for one year; a Class
IV 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 Borough, 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 resignations
or removal from office shall be for the departing member's unexpired
term.
C.
Powers of Affordable Housing Board. The powers of the
Board shall be as follows:
(1)
To recommend to the Borough Council the adoption of rules
and regulations to:
(b)
Assure that the housing units built or rehabilitated
for affordable housing pursuant to the Affordable Housing Ordinance and the
Zoning Ordinance[2] will remain available to lower-income persons for the appropriate
period of time as required by the substantive rules issued by the Council
on Affordable Housing.
(c)
Establish eligibility criteria for persons wishing to
purchase or rent affordable housing in the borough in accordance with the
Affordable Housing Ordinance and the substantive rules issued by the Council
on Affordable Housing, provided that no eligibility priorities shall be established
other than those specifically set forth in the Affordable Housing Ordinance.
(d)
Establish screening mechanisms to ensure that all affordable
housing units are occupied only by lower-income households.
(e)
Administer all funds made available to the borough's
Housing Fund from developer contributions or from public sources.
(f)
Regulate the resale of affordable housing units so as
to allow lower-income households to recoup the value of any improvements to
the units while providing for the recapture by the borough of any windfall
profits from the resale of the units, consistent with the Affordable Housing
Ordinance.
(g)
Regulate the calculation of rents and other charges for
affordable housing rental units for the purposes of ensuring that affordable
housing rental units are rented only to and remain occupied only by lower-income
households.[3]
[3]
Editor's Note: Original Article 4, Subdivision C1(h), which immediately
followed this subsection and dealt with the disbursement of funds from the
Housing Fund, was deleted 10-10-1989 by Ord. No. 89-18.
(2)
Seek out sources of government funding that will assist
the borough in meeting its goals of supplying affordable housing as set forth
in the Housing Plan Element of the Master Plan and, upon authorization by
the Borough Council, to prepare and submit applications to secure such funding.
(3)
Prepare an annual budget for the Affordable Housing Board,
including salaries and expenditures incurred in administering the affordable
housing regulations of the Zoning Ordinance and the Affordable Housing Ordinance,
exclusive of expenditures for rehabilitation. The budget shall be prepared
in accordance with proper borough accounting procedures and submitted to the
Borough Council for approval as part of the borough budget.[6]
[6]
Editor's Note: Original Article 4, Subdivision C5, which immediately
followed this subsection and dealt with recommendations to disburse funds
from the Housing Fund, was deleted 10-10-1989 by Ord. No. 89-18.
(4)
Recommend to the Borough Council reasonable fees to be
charged to developers of affordable housing units to offset the costs to the
borough related to the inspection and monitoring of sales and rentals of affordable
housing units but not related to any salaries or expenditures for such items
as housing surveys or preparation of grant applications.
A.
Establishment of position of Housing Officer. There is
hereby established the position of Housing Officer for the Borough of New
Providence. The Housing Officer shall be appointed by the Borough Council
and may be a full- or part-time Borough employee, a consultant, an authority
or a government or other agency contracted by the borough to perform the duties
and functions of the Housing Officer.
B.
Compensation. Compensation shall be fixed by the Borough
Council at the time of the appointment of the Housing Officer, upon recommendation
of the Affordable Housing Board.
C.
Powers and duties. It shall be the responsibility of
the Housing Officer to:
(1)
Administer the affordable housing program of the Borough
in accordance with this Article, the Affordable Housing Ordinance, the Zoning
Ordinance[1] and the rules and regulations of the Affordable Housing Board.
(2)
Maintain waiting lists of households which may be eligible
to rent or purchase affordable dwelling units or to obtain funding from the
Housing Fund or from such other government-funded programs as may be available
to qualified applicants.
(3)
Advertise the initial availability of affordable housing
units when they become available, which advertising shall be in addition to
any advertising done by a developer.
(4)
Advertise the availability of funds for housing rehabilitation,
if and when such funds are available, or for such other affordable housing
programs as may be authorized by the Borough Council.
(5)
Maintain an up-to-date record of all deed-restricted
affordable housing units in the borough.
(6)
Monitor all transfers of ownership and changes of occupancy
of all deed-restricted affordable housing units, to oversee the placement
of qualified households in affordable housing units and to enforce the provisions
of the Affordable Housing Ordinance and the Zoning Ordinance,[2] performing all of the administrative duties and functions outlined
therein.
(7)
Advise the Planning Board and the Board of Adjustment
with respect to their approvals of affordable housing units and as to required
developer contributions to the Housing Fund.
(8)
Maintain detailed records of income to and expenditures
from the Housing Fund and accounts for any government grant moneys received.
(9)
Perform the administrative functions associated with
the borough's affordable housing program, including its housing rehabilitation
program.
[Amended 10-10-1989 by Ord. No. 89-18]
(10)
Arrange for inspections of affordable housing units as
necessary to carry out the requirements of this Article, the Affordable Housing
Ordinance, an Ordinance to Provide for and Facilitate the Voluntary Rehabilitation
of Certain Existing Physically Substandard Housing Units of the Borough of
New Providence[3] and the rules and regulations promulgated by the Affordable Housing
Board.
[Amended 10-10-1989 by Ord. No. 89-18]
(11)
Carry out such additional duties as may be required of
the Housing Officer by the rules and regulations promulgated by the Affordable
Housing Board.
