[HISTORY: Adopted by the Bloomfield Council 12-15-2008 by Ord. No.
08-50.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former
Ch. 112, Art. I, COAH Round 3 Growth Share Regulations, adopted 12-4-2006
by Ord. No. 06-47.
The purpose of this chapter is to facilitate
the provision of affordable housing in connection with residential
and nonresidential development in compliance with the requirements
of statutory law and COAH's Revised Round Three Rules, as same may
be amended from time to time.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
As used in this chapter, the following terms
shall have the meanings indicated:
Shall have the same meaning as that provided by the rules
promulgated pursuant to the Fair Housing Act, as same may be amended
from time to time.
Residential unit(s) affordable to low- or moderate-income
households, as those terms are defined herein.
Shall have the same meaning as that provided by the rules
promulgated pursuant to the Fair Housing Act, as same may be amended
from time to time.
Shall have the same meaning as that provided by the rules
promulgated pursuant to the Fair Housing Act, as same may be amended
from time to time.
Shall have the same meaning as that provided by the Statewide
Nonresidential Development Fee Act, N.J.S.A. 40:55D-8.1 through 8.7,
as same may be amended from time to time.
Shall have the same meaning as that provided by the rules
promulgated pursuant to the Fair Housing Act, as same may be amended
from time to time.
Shall have the same meaning as that provided by the Statewide
Nonresidential Development Fee Act, N.J.S.A. 40:55D-8.1 through 8.7,
as same may be amended from time to time.
[Amended 4-18-2011 by Ord. No. 11-26; 2-21-2012 by Ord. No. 12-1; 5-21-2012 by Ord. No. 12-32]
This chapter sets forth mechanisms by which
developers shall provide for a fair share of affordable housing based
on growth that is associated with development taking place within
all zoning districts within the Township. Except as otherwise set
forth herein, this specifically includes, without limitation, any
parcel within the Township which would accommodate five or more dwelling
units as a result of a “d” variance pursuant to N.J.S.A.
40:55D-70, where the zoning would require a 20% set-aside. It also
includes any parcel in an area designated by the Township as an area
in need of redevelopment or an area in need of rehabilitation pursuant
to the Redevelopment Law.[1] Notwithstanding the above, this chapter shall not apply
to any parcel within the Township which would not accommodate five
or more dwelling units where the zoning would require a 20% set-aside;
or to any parcel within an area designated by the Township as an area
in need of redevelopment or an area in need of rehabilitation under
the Redevelopment Law, provided the developer of any such project
is required to execute a redevelopment agreement under the terms of
a prevailing redevelopment plan. Any affordable housing obligation
for a project undertaken in a designated redevelopment or rehabilitation
area which is subject to a redevelopment agreement pursuant to the
terms of a prevailing redevelopment plan will be determined through
negotiations between the redevelopment entity and a designated redeveloper,
and incorporated into the redevelopment agreement.
[1]
Editor's Note: See N.J.S.A. 40A:12A-1 et seq.
A.
Residential growth share provisions.
(1)
Quantification of affordable housing obligation for
residential developers. In those circumstances where a developer seeks
to develop land for residential purposes, with projects of five or
more units, said developer shall provide and develop on-site one affordable
housing unit for every four market-rate residential units constructed
20%. Residential developers shall fully integrate the affordable housing
units with the market-rate residential units. As an alternative to
providing the required affordable housing unit(s) on-site, a developer
shall have the option of either:
(2)
Projects financed with state funds. Notwithstanding anything in this chapter to the contrary, a developer of a project consisting of newly constructed residential units being financed in whole or in part with state funds, including, but not limited to, transit villages designated by the Department of Transportation, units constructed on state-owned property, and urban transit hubs as defined pursuant to N.J.S.A. 34:1B-208, shall reserve at least 20% of the residential units constructed for occupancy by low- or moderate-income households with affordability controls as required under the rules of COAH. Any such project shall be otherwise excluded from the provisions of this chapter, except that any such project which also consists of nonresidential development shall not be excluded from § 112-4B of this chapter.
B.
Statewide Nonresidential development fee program.
This provision is intended to facilitate the requirements of the statewide
nonresidential development fee program created by the Statewide Nonresidential
Development Fee Act, N.J.S.A. 40:55D-8.1 through 8.7.
(1)
Pursuant to the Statewide Nonresidential Development
Fee Act at N.J.S.A. 40:55D-8.4, a fee is imposed on all construction
resulting in nonresidential development as follows:
(a)
A fee equal to 2.5% of the equalized assessed
value of the land and improvements, for all new nonresidential construction
on an unimproved lot or lots; or
(b)
A fee equal to 2.5% of the increase in equalized
assessed value of the additions to existing structures to be used
for nonresidential purposes.
(2)
A developer of a mixed-use development shall be required
to pay the statewide nonresidential development fee relating to the
nonresidential development component of a mixed-use development subject
to the provisions of N.J.S.A. 52:27D-329.1, et seq.
(3)
Pursuant to N.J.S.A. 40:55D-8.4, the developer must
pay such fee to the Treasurer of the State of New Jersey. A certificate
of occupancy for the subject nonresidential development will not issue
unless and until the Treasurer of the State of New Jersey has furnished
the Township of Bloomfield with certified proof concerning the payment.
To ensure the efficient use of land through
compact forms of development and to create realistic opportunities
for the construction of affordable housing, the minimum gross density
and the affordable housing set-aside for any residential development
shall be as follows:
The Township intends to encourage developers
to provide affordable housing through inclusionary development. Toward
that end, the Township may, in its discretion, make available to a
developer any financial incentives, including, but not limited to,
tax abatements, which are permitted by law.
Pursuant to § 112-4A(1) of this chapter, and upon COAH authorization, a developer may elect to make payment to the Township in lieu of constructing the required affordable housing units, subject to the following:
A.
The developer shall make such payment to the Township
in the amount of $148,683 per each affordable housing unit required.
B.
The affordable housing requirements set forth in this chapter shall be rounded up. Payments in lieu of construction of affordable housing units are permitted in the event that calculation of the developer's affordable housing obligation pursuant to § 112-4 of this chapter results in an obligation on the part of the developer to construct fractional affordable housing units. In such event, the payment to be made by the developer to the Township shall be prorated.
D.
Payments in lieu of constructing affordable housing
shall not be permitted where affordable housing is not required. Upon
approval by COAH of the Township's Development Fee Ordinance, zoning
that does not require an affordable housing set-aside or payment-in-lieu
shall be subject to the Township's Development Fee Ordinance.
[Amended 2-21-2012 by Ord. No. 12-1]
Affordable housing units shall be built in accordance
with the following schedule, unless otherwise specifically agreed
to by the Township and a developer pursuant to a developers agreement
executed by the same.
|
Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income
Units Completed
|
|---|---|
|
25%
|
0%
|
|
25% + 1 unit
|
10%
|
|
50%
|
50%
|
|
75%
|
75%
|
|
90%
|
100%
|
A.
The design of inclusionary and mixed-use developments
providing affordable housing units shall be consistent with the general
policies and implementation mechanisms regarding design in the State
Development and Redevelopment Plan.
B.
To the extent feasible, developers shall fully integrate
affordable housing units with market-rate units.
C.
Affordable housing units shall have access to all
community amenities available to market-rate units that are subsidized
in whole by associated fees and utilize the same heating source as
market-rate units within the inclusionary development.
F.
The following documentation shall be submitted prior
to marketing the completed units:
(1)
A draft or adopted operating manual that includes
a description of the program procedures and administration in accordance
with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1
et seq.
(2)
An affirmative marketing plan in accordance with Uniform
Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq.
[Added 2-1-2010 by Ord. No. 10-10]
A.
Purpose. This section establishes standards for the collection, maintenance
and expenditure of development fees pursuant to COAH's regulations
and in accordance P.L. 2008, c. 46 Sections 8 and 32 through 38.[1] Fees collected pursuant to this section shall be used
for the sole purpose of providing low- and moderate-income housing.
This section shall be interpreted within the framework of COAH's rules
on development fees, codified at N.J.A.C. 5:97-8,[2] as same may be amended and/or supplemented from time to
time.
B.
Basic requirements.
(2)
The Township of Bloomfield (the "Township") shall not spend development
fees until COAH has approved a plan for spending such fees in conformance
with N.J.A.C. 5.97-8.10 and N.J.A.C. 5:96-5.3, as same may be amended
and/or supplemented from time to time.[4]
[4]
Editor's Note: N.J.A.C. 5:96 and 5:97 expired 6-2-2015.
C.
AFFORDABLE HOUSING DEVELOPMENT
COAH or THE COUNCIL
DEVELOPER
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
Definitions. The following terms, as used in this section, shall
have the following meanings.
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a one-hundred-percent affordable
development.
The New Jersey Council on Affordable Housing, established
under the Fair Housing Act, which has primary jurisdiction for the
administration of housing obligations in accordance with sound regional
planning considerations in the State.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3, as same may be amended and/or supplemented
from time to time.[5]
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 Sections 1, 5 and 6 of P.L. 1973, c. 123 (N.J.S.A.
54:1-35a through N.J.S.A. 54:1-35c), as same may be amended and/or
supplemented from time to time.
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, in accordance with accepted national or state standards
and such guidance as may be provided by the Township.
[5]
Editor's Note: N.J.A.C. 5:97 expired 6-2-2015.
D.
Residential development fees.
(1)
Imposed fees.
(a)
Within all zoning districts, residential developers, except for developers of the types of development specifically exempted below, shall pay a fee equal to 1.5% of the equalized assessed value of the land and improvements, subject to Subsection D(1)(b) of this section.
(b)
When an increase in residential density pursuant to N.J.S.A.
40:55D-70d(5), as same may be amended and/or supplemented from time
to time (known as a "D-variance"), has been permitted, developers
shall be required to pay a development fee equal to 6% of the equalized
assessed value of each additional unit authorized and constructed
as a result of the D-variance. (See Example 1 below.) However, if
the zoning on a site has changed during the two-year period preceding
the filing of an application for a D-variance, the base density for
the purposes of calculating the six-percent development fee shall
be the highest density permitted by right during the two-year period
preceding the filing of the application for a D-variance. (See Example
2 below.)
|
Example 1: If as a result of a D-variance, four units are authorized
and constructed on a site that is zoned for two units, the fees imposed
equal 1.5% of the equalized assessed value of the land and the first
two units, plus 6% of the equalized assessed value of the two additional
units, provided zoning on the site has not changed during the two-year
period preceding the filing of the application for a D-variance.
|
|
Example 2: Assume zoning permits a maximum residential density
of three units per acre on a site. Zoning subsequently changes to
permit a maximum of two units per acre on the site. Within two years
following that zoning change, a developer files an application for
a D-variance to permit the construction of four units per acre on
the site. Assuming the developer's application for a D-variance is
approved and the four units are constructed, the fees imposed equal
1.5% of the equalized assessed value of the land and the first three
units, plus 6% of the equalized assessed value of the one additional
unit.
|
(2)
Eligible exactions, ineligible exactions and exemptions from residential
development fees.
(a)
The percentage of the development fee shall be vested on the
date that the building permit is issued.
(b)
Affordable housing developments, developments for which the
developer provides affordable units off-site and developments where
the developer makes a payment in lieu of on-site construction of affordable
units shall be exempt from development fees.
(c)
Developments that have received preliminary or final site plan
approval prior to the adoption of this section shall be exempt from
development fees, unless the developer seeks a substantial change
in the approval. Where a site plan approval does not apply, a zoning
and/or building permit shall be synonymous with preliminary or final
site plan approval for this purpose.
(d)
Development fees shall be imposed and collected where, other than pursuant to N.J.S.A. 4055D-70d(5), as same may be amended and/or supplemented from time to time (known as a "D-variance"), an existing structure undergoes a change to a more intense use, is demolished and replaced [subject to Subsection D(2)(f) below] or is expanded, but only if such change, replacement or expansion results in the construction of an additional unit and unless such change, replacement or expansion is otherwise exempt from the development fee requirement. The development fee shall be equal to 1.5% of the increase in the equalized assessed value of the improved structure.
(e)
Developments consisting solely of a one- or two-dwelling unit
owner-occupied structure shall be exempt from paying a development
fee.
(f)
Residential structures demolished and replaced as a result of
fire, flood or natural disaster, or other involuntary destruction
(e.g., arson), shall be exempt from paying a development fee.
(g)
Residential development which utilizes green building strategies
shall be subject to a reduced development fee of 0.5%.
(h)
Residential development within any designated historic district
shall be exempt from paying a development fee.
E.
Nonresidential development fees.
(1)
Imposed fees.
(a)
Within all zoning districts, nonresidential developers, except
for developers of the types of development specifically exempted,
shall pay a fee equal to 2.5% of the equalized assessed value of the
land and improvements for all new nonresidential construction on an
unimproved lot or lots.
(b)
Nonresidential developers, except for developers of the types
of development specifically exempted, shall also pay a fee equal to
2.5% of the increase in equalized assessed value resulting from any
additions to existing structures to be used for nonresidential purposes.
(c)
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the preexisting land and improvement and the equalized assessed
value of the newly improved structure, i.e., land and improvement,
at the time the final certificate of occupancy is issued. If the calculation
required under this section results in a negative number, the non-residential
development fee shall be zero.
(2)
Eligible exactions, ineligible exactions and exemptions for non-residential
development.
(a)
The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to the development fee of 2.5%,
unless otherwise exempted below.
(b)
The fee of 2.5% shall not apply to an increase in equalized
assessed value resulting from alterations, change in use within existing
footprint, reconstruction, renovations and repairs.
(c)
Nonresidential developments shall be exempt from the payment
of nonresidential development fees in accordance with the exemptions
required pursuant to P.L. 2008, c. 46, as specified in Form N-RDF,
State of New Jersey Non-Residential Development Certification/Exemption
form, as same may be amended or modified from time to time. Any exemption
claimed by a developer shall be substantiated by that developer to
the satisfaction of the Township.
(d)
A developer of a nonresidential development exempted from the
nonresidential development fee pursuant to P.L. 2008, c. 46, as same
may be amended and/or supplemented from time to time, shall be subject
to such fee when the basis for the exemption no longer applies and
shall make the payment of the nonresidential development fee, in that
event, within three years after that event or after the issuance of
the final certificate of occupancy of the nonresidential development,
whichever is later. Such fee shall be calculated as of the date the
basis for the exemption of the nonresidential development no longer
applies
(e)
If a property which was exempted by Section 35b of P.L. 2008,
c. 46,[6] from the collection of a nonresidential development fee
by virtue of its tax exempt status under N.J.S.A. 54:4-3.6 thereafter
ceases to be exempt from property taxation under N.J.S.A. 54:4-3.6,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the exemption. Such
fees shall be calculated as of the date such property ceases to be
exempt from property taxation under N.J.S.A. 54.4-3.6. Unpaid nonresidential
development fees under these circumstances may be enforceable by the
Township as a lien against the real property of the owner.
[6]
Editor's Note: See N.J.S.A. 40:55D-8.4.
F.
Collection procedures.
(1)
Upon the granting of a preliminary, final or other applicable approval
for a development, the applicable approving authority shall direct
its staff to notify the Township Construction Official.
(2)
For nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF State of New Jersey Non-Residential
Development Certification/Exemption, as same may be amended or modified
from time to time, to be completed as per the instructions provided.
The developer of a nonresidential development shall complete Form
N-RDF as per the instructions provided. The Township Construction
Official shall verify the information submitted by the nonresidential
developer as per the instructions provided in Form N-RDF. The Township
Tax Assessor shall verify exemptions and prepare estimated and final
assessments as per the instructions provided in Form N-RDF,
(3)
The Township Construction Official shall promptly notify the Township
Tax Assessor of the issuance of the first building permit for a development
which is subject to a development fee.
(4)
Within 90 days of receipt of that notice, the Township Tax Assessor,
based on the plans filed, shall provide an estimate of the equalized
assessed value of the development.
(5)
The Township Construction Official shall promptly notify the Township
Tax Assessor of any and all requests for the scheduling of a final
inspection on property which is subject to a development fee.
(6)
Within 10 business days of a request for the scheduling of a final
inspection, the Township Tax Assessor shall confirm or modify the
previously estimated equalized assessed value of the improvements
of the development; calculate the development fee; and thereafter
notify the developer of the amount of the fee.
(7)
Should the Township fail to determine or notify the developer of
the amount of the development fee within 10 business days of the request
for final inspection, the developer may estimate the amount due and
pay that estimated amount consistent with the dispute process set
forth in Subsection b of Section 37 of P.L. 2008, c. 46 (N.J.S.A.
40:55D-8.6), as same may be amended and/or supplemented from time
to time.
(8)
The developer shall pay 100% of the calculated development fee amount
prior to the municipal issuance of a final certificate of occupancy
for the subject property.
G.
Appeal of development fees.
(1)
A developer may challenge residential development fees imposed by
filing a challenge with the Essex County Board of Taxation (the "Board").
Pending a review and determination by the Board, collected fees shall
be placed in an interest-bearing escrow account by the Township. Appeals
from a determination of the Board may be made to the tax court in
accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., as same may be amended and/or supplemented
from time to time, within 90 days after the date of such determination.
Interest earned on amounts escrowed shall be credited to the prevailing
party.
(2)
A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation
(the "Director"). Pending a review and determination by the Director,
which shall be made within 45 days. of receipt of the challenge, collected
fees shall be placed in an interest-bearing escrow account by the
Township. Appeals from a determination of the Director may be made
to the Tax Court in accordance with the provisions of the State Tax
Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., as same may be amended
and/or supplemented from time to time, within 90 days after the date
of such determination. Interest earned on amounts escrowed shall be
credited to the prevailing party.
H.
Affordable Housing Trust Fund established.
(1)
There is hereby created a separate, interest-bearing housing trust
fund to be maintained by the Township Director of Finance for the
purpose of depositing development fees collected from residential
and nonresidential developers and proceeds from the sale of units
with extinguished controls (the "Affordable Housing Trust Fund")
(2)
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
(a)
Payments in lieu of on-site construction of affordable units;
(b)
Developer-contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible;
(c)
Rental income from municipally operated units;
(d)
Repayments from affordable housing program loans;
(e)
Recapture funds;
(f)
Proceeds from the sale of affordable units; and
(g)
Any other funds collected in connection with the Township's
affordable housing program.
(3)
Within seven days from the opening of the trust fund account, the
Township shall provide COAH with written authorization, in the form
of a three-party escrow agreement between the Township, the bank and
COAH to permit COAH to direct the disbursement of the funds as provided
for in N.J.A.C. 5:97-81.3(b), as same may be amended and/or supplemented
from time to time.[7]
[7]
Editor's Note: N.J.A.C. 5:97 expired 6-2-2015.
(4)
All interest accrued in the housing trust fund shall only be used
on eligible affordable housing activities approved by COAH.
I.
Use of funds.
(1)
The expenditure of all funds shall conform to a spending plan approved
by COAH. Funds deposited in the housing trust fund may be used for
any activity approved by COAH to address the Township's fair share
obligation and may be set up as a grant or revolving loan program.
Such activities include, but are not limited to, preservation or purchase
of housing for the purpose of maintaining or implementing affordability
controls, rehabilitation, new construction of affordable housing units
and related costs, accessory apartment, market to affordable, or regional
housing partnership programs, conversion of existing nonresidential
buildings to create new affordable units, green building strategies
designed to be cost saving and in accordance with accepted national
or state standards, purchase of land for affordable housing, improvement
of land to be used for affordable housing, extensions or improvements
of roads and infrastructure to affordable housing sites, financial
assistance designed to increase affordability, administration necessary
for implementation of the Housing Element and Fair Share Plan, or
any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through
5:97-8.9, as same may be amended and/or supplemented from time to
time,[8] and specified in the approved spending plan.
[8]
Editor's Note: N.J.A.C. 5:97 expired 6-2-2015.
(2)
Funds shall not be expended to reimburse the Township for past housing
activities.
(3)
At least 30% of all development fees collected and interest earned
shall be used to provide affordability assistance to low- and moderate-income
households in affordable units included in the municipal Fair Share
Plan. One-third of the affordability assistance portion of development
fees collected shall be used to provide affordability assistance to
those households earning 30% or less of median income by region.
(a)
Affordability assistance programs may include down payment assistance,
security deposit assistance, low-interest loans, rental assistance,
assistance with homeowners' association or condominium fees and special
assessments, and assistance with emergency repairs.
(b)
Affordability assistance to households earning 30% or less of
median income may include buying down the cost of low- or moderate-income
units in the municipal Fair Share Plan to make them affordable to
households earning 30% or less of median income.
(c)
Payments in lieu of constructing affordable units on site and
funds from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
(4)
The Township may contract with a private or public entity to administer
any part of its Housing Element and Fair Share Plan, including the
requirement for affordability assistance, in accordance with N.J.A.C.
5:96-18, as same may be amended and/or supplemented from time to time.[9]
[9]
Editor's Note: N.J.A.C. 5:96 expired 6-2-2015.
(5)
No more than 20% of all revenues collected from development fees
may be expended on administration, including, but not limited to,
salaries and benefits for municipal employees or consultant fees necessary
to develop or implement a new construction program, a Housing Element
and Fair Share Plan and/or an affirmative marketing program. In the
case of a rehabilitation program, no more than 20% of the revenues
collected from development fees shall be expended for such administrative
expenses. Administrative funds may be used for income qualification
of households, monitoring the turnover of sale and rental units, and
compliance with COAH's monitoring requirements. Legal or other fees
related to litigation opposing affordable housing sites or objecting
to the Council's regulations and/or action are not eligible uses of
the Affordable Housing Trust Fund.
J.
Monitoring. The Township shall complete and return to COAH all monitoring
forms included in monitoring requirements related to the collection
of development fees from residential and nonresidential developers,
payments in lieu of constructing affordable units on site, funds from
the sale of units with extinguished controls, barrier-free escrow
funds, rental income, repayments from affordable housing program loans
and any other funds collected in connection with the Township's housing
program, as well as to the expenditure of revenues and implementation
of the plan certified by COAH. All monitoring reports shall be completed
on forms designed by COAH.
K.
Ongoing collection of fees. The ability of the Township to impose,
collect and expend development fees shall expire upon the expiration
of its substantive certification unless the Township has filed an
adopted Housing Element and Fair Share Plan with COAH, has petitioned
for substantive certification and has received COAH'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 substantive certification, 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 Section 20 of P.L. 1985,
c. 222 (N.J.S.A. 52:27D-320), as same may be amended and/or supplemented
from time to time. The Township shall not impose a residential development
fee on a development that receives preliminary or final site plan
approval after the expiration of its substantive certification or
judgment of compliance, nor shall the Township retroactively impose
a development fee on such a development. The Township shall not expend
development fees after the expiration of its substantive certification.
[Added 3-1-2010 by Ord. No. 10-11]
B.
ADMINISTRATIVE AGENT
MUNICIPAL HOUSING LIAISON
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
Bloomfield Township to ensure that the restricted units under administration
are affirmatively marketed and sold or rented, as applicable, only
to low- and moderate-income households.
The employee charged by the governing body with the responsibility
for oversight and administration of the affordable housing program
for Bloomfield Township.
C.
Establishment of Municipal Housing Liaison position; compensation;
powers and duties.
(1)
There is hereby established the position of Municipal Housing Liaison
for Bloomfield Township.
(2)
Subject to the approval of the Council on Affordable Housing (COAH),
the Municipal Housing Liaison shall be appointed by the governing
body and may be a full- or part-time municipal employee.
(3)
Powers and duties.
(a)
Serving as Bloomfield Township's primary point of contact for
all inquiries from the state, affordable housing providers, administrative
agents and interested households;
(b)
Coordinating meetings with affordable housing providers and
administrative agents, as applicable; and
(c)
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing as offered
or approved by COAH.
(4)
Subject to approval by COAH, Bloomfield Township may contract with
an administrative agent or authorize a consultant, authority, government
or any agency charged by the governing body, which entity shall have
the responsibility of administering the affordable housing program
of Bloomfield Township. If Bloomfield Township contracts with another
entity to administer all or any part of the affordable housing program,
including the affordability controls and affirmative marketing plan,
the Municipal Housing Liaison shall supervise the contracting Administrative
Agent.
(5)
Compensation. Compensation shall be fixed by the governing body at
the time of the appointment of the Municipal Housing Liaison.
D.
Establishment of Administrative Agent position; compensation; powers
and duties.
(1)
There is hereby established the position of Administrative Agent
for Bloomfield Township.
(2)
Subject to the approval of the Council on Affordable Housing (COAH),
the Administrative Agent shall be appointed by the governing body
and may be a full- or part-time municipal employee. The Administrative
Agent shall have the administrative powers and duties assigned to
the Administrative Agent.
(3)
The Administrative Agent shall be responsible for oversight and administration
of the affordable housing program for Bloomfield Township, including
the following responsibilities:
(4)
Duties.
(a)
Affirmative marketing.
[1]
Conducting an outreach process to ensure affirmative marketing
of affordable housing units in accordance with the affirmative marketing
plan of Bloomfield 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 Appendixes
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;
and
[6]
Employing the random selection process as provided in the affirmative
marketing plan of Bloomfield Township when referring households for
certification to affordable units.
(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 appropriate
county's register of deeds or 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)
Resale and rental.
[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 rental; and
[2]
Instituting and maintaining an effective means of communicating
information to 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 from owners of restricted units
who wish to take out home equity loans or refinance during the term
of their ownership;
[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 cost of central air-conditioning systems; and
[3]
Processing requests and making determinations on requests by
owners of restricted units for hardship waivers.
(f)
Enforcement.
[1]
Securing annually lists of all 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 units or sell them;
[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]
The posting annually in all rental properties, including two-family
homes, of a notice as to the maximum permitted rent, together with
the telephone number of the Administrative Agent where complaints
of excess rent 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 municipality's Affordable Housing Trust Fund or other appropriate
municipal fund approved by the DCA;
[6]
Creating and publishing a written operating manual, as approved
by COAH, setting forth procedures for administering such affordability
controls; and
[7]
Providing annual reports to COAH as required.
(g)
The Administrative Agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
