The governing body of the City of Millville (the Municipality)
desires to adopt an ordinance setting forth regulations for the collection,
maintenance and expenditure of development fees to comply with the
regulations established by the Council on Affordable Housing (COAH)
in order to secure third-round substantive certification for the Municipality.
A.
In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550
(1990), the New Jersey Supreme Court determined that mandatory development
fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A.
52:27D-301 et seq., and the State Constitution, subject to the Council
on Affordable Housing's (COAH) adoption of rules.
B.
Pursuant to P.L. 2008, c. 46, § 8 (N.J.S.A. 52-27D-329.2)
and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1
through 40:55D-8.7),[1] COAH is authorized to adopt and promulgate regulations
necessary for the establishment, implementation, review, monitoring
and enforcement of municipal affordable housing trust funds and corresponding
spending plans. Municipalities that are under the jurisdiction of
the Council or court of competent jurisdiction and have a COAH-approved
spending plan may retain fees collected from nonresidential development.
[1]
Editor's Note: Pursuant to the New Jersey Economic Stimulus
Act of 2009, the Non-Residential Development Fee Act, which was signed
into law on 7-17-2008, was suspended. For applicable development fees,
consult the City offices.
C.
These regulations establish standards for the collection, maintenance
and expenditure of development fees pursuant to COAH's regulations
and in accordance with P.L. 2008, c. 46, § 8 and §§ 32
through 38.[2] Fees collected pursuant to these regulations shall be
used for the sole purpose of providing low- and moderate-income housing.
These regulations shall be interpreted within the framework of COAH's
rules on development fees, codified at N.J.A.C. 5:97-8.
[2]
Editor's Note: See N.J.S.A. 52:27D-329.2 and N.J.S.A. 40:55D-8.1
through 40:55D-8.7, respectively.
As used in this article, the following terms shall have the
following meanings unless the context clearly indicates that a different
meaning is intended.
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 Act which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the state.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.
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.
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with §§ 1,
5 and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
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.
A.
Imposed fees.
(1)
Within all zoning district(s), residential developers, except for
developers of the types of development specifically exempted below,
shall pay a fee of 1.5% of the equalized assessed value for residential
development, provided no increased density is permitted.
(2)
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5)
(known as a "d" variance) has been permitted, developers may be required
to pay a development fee of 6% of the equalized assessed value for
each additional unit that may be realized. However, if the zoning
on a site has changed during the two-year period preceding the filing
of such a variance application, the base density for the purposes
of calculating the bonus development fee shall be the highest density
permitted by right during the two-year period preceding the filing
of the variance application. Example: If an approval allows four units
to be constructed on a site that was zoned for two units, the fees
could equal 1.5% of the equalized assessed value on the first two
units and the specified higher percentage up to 6% of the equalized
assessed value for the two additional units, provided zoning on the
site has not changed during the two-year period preceding the filing
of such a variance application.
B.
Eligible exactions, ineligible exactions and exemptions for residential
development.
(1)
Affordable housing developments, developments where the developer
is providing for the construction of affordable units elsewhere in
the municipality and developments where the developer has made a payment
in lieu of on-site construction of affordable units shall be exempt
from development fees.
(2)
Developments that have received preliminary or final site plan approval
prior to the adoption of a municipal development fee ordinance shall
be exempt from development, 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. The fee percentage shall
be vested on the date that the building permit is issued.
(3)
Development fees shall be imposed and collected when an existing
structure undergoes a change to a more intense use or is demolished
and replaced. The development fee shall be calculated on the increase
in the equalized assessed value of the improved structure.
(4)
Developers of structures demolished and replaced as a result of a
natural disaster shall be exempt from paying a development fee.
A.
Imposed fees.
(1)
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.
(2)
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.
(3)
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 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 nonresidential
development fee shall be zero.
B.
Eligible exactions, ineligible exactions and exemptions for nonresidential
development.
(1)
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.
(2)
The fee of 2.5% shall not apply to an increase in equalized assessed
value resulting from alterations, change in use within the existing
footprint, reconstruction, renovations and repairs.
(3)
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. Any exemption
claimed by a developer shall be substantiated by that developer.
(4)
A developer of a nonresidential development exempted from the nonresidential
development fee pursuant to P.L. 2008, c. 46 shall be subject to it
at such time 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.
(5)
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the properly tax
exemption. Unpaid nonresidential development fees under these circumstances
may be enforceable by the Municipality as a lien against the real
property of the owner.
A.
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 construction official responsible for the
issuance of a building permit.
B.
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, 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 construction official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in Form N-RDF. The Tax Assessor shall
verify exemptions and prepare estimated and final assessments as per
the instructions provided in Form N-RDF.
C.
The construction official responsible for the issuance of a building
permit shall notify the local tax assessor of the issuance of the
first building permit for a development which is subject to a development
fee.
D.
Within 90 days of receipt of that notice, the Municipal Tax Assessor,
based on the plans filed, shall provide an estimate of the equalized
assessed value of the development.
E.
The construction official responsible for the issuance of a final
certificate of occupancy notifies the local assessor of any and all
requests for the scheduling of a final inspection on property which
is subject to a development fee.
F.
Within 10 business days of a request for the scheduling of a final
inspection, the municipal 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.
G.
Should the Municipality 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 § 37 of P.L. 2008, c. 46 (N.J.S.A.
40:55D-8.6).
H.
Fifty percent of the development fee shall be collected at the time
of issuance of the building permit. The remaining portion shall be
collected at the issuance of the certificate of occupancy. The developer
shall be responsible for paying the difference between the fee calculated
at building permit and that determined at issuance of certificate
of occupancy.
I.
Appeal of development fees.
(1)
A developer may challenge residential development fees imposed by
filing a challenge with the County Board of Taxation. Pending a review
and determination by the Board, collected fees shall be placed in
an interest-bearing escrow account by the Municipality. 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., 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.
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 Municipality.
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., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
A.
There is hereby created a separate, interest-bearing housing trust
fund to be maintained by the Chief Financial Officer for the purpose
of depositing development fees collected from residential and nonresidential
developers and proceeds from the sale of units with extinguished controls.
B.
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount.
(1)
Payments in lieu of on-site construction of affordable units;
(2)
Developer-contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible;
(3)
Rental income from municipally operated units;
(4)
Repayments from affordable housing program loans;
(5)
Recapture funds;
(6)
Proceeds from the sale of affordable units; and
(7)
Any other funds collected in connection with the Municipality's affordable
housing program.
C.
Within seven days from the opening of the trust fund account, the
Municipality shall provide COAH with written authorization, in the
form of a three-party escrow agreement between the municipality, the
bank and COAH to permit COAH to direct the disbursement of the funds
as provided for in N.J.A.C. 5:97-8.13(b).
D.
All interest accrued in the housing trust fund shall only be used
on eligible affordable housing activities approved by COAH.
A.
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 Municipality'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 and specified in the approved spending plan.
B.
Funds shall not be expended to reimburse the Municipality for past
housing activities.
C.
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.
(1)
Affordability assistance programs may include down payment assistance,
assistance with homeowners' association or condominium fees and special
assessments, and assistance with emergency repairs.
(2)
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.
(3)
Payments in lieu of construction of affordable units on site and
funds from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
(4)
The Municipality 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.
(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.
The Municipality 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 Municipality'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 designated by COAH.
The ability for the Municipality to impose, collect and expend
development fees shall expire with its substantive certification unless
the Municipality 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
Municipality fails to renew its ability to impose and collect development
fees prior to the expiration of 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 § 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). The
Municipality shall not impose a residential development fee on a development
that received preliminary or final site plan approval after the expiration
of its substantive certification or judgment of compliance, nor shall
the Municipality retroactively impose a development fee on such a
development. The Municipality shall not expend development fees after
the expiration of its substantive certification or judgment of compliance.
The governing body of the City of Millville (the Municipality)
desires to adopt an ordinance setting forth regulations to comply
with the Municipality's constitutional obligation to provide a fair
share of affordable housing for low- and moderate-income households
and in order to secure third-round substantive certification for the
Municipality.
This article of the Municipal Code sets forth regulations regarding
the low- and moderate-income housing units in the Municipality consistent
with the provisions known as the "Substantive Rules of the New Jersey
Council on Affordable Housing" for the period beginning June 2, 2008,
with amendments through October 20, 2008, N.J.A.C. 5:80-26.1 et seq.,
and the Municipality's constitutional obligation to provide a fair
share of affordable housing for low- and moderate-income households.
In addition, this article applies requirements for very low-income
housing as established in P.L. 2008, c. 46 (the Roberts bill). These
regulations are also intended to provide assurances that low- and
moderate-income people occupy these units. These regulations shall
apply except where inconsistent with applicable law.
Except for affordable housing developments constructed pursuant
to low-income tax credit regulations:
A.
At least half of the "for sale" affordable units within each affordable
housing development shall be affordable to low-income households.
B.
At least half of the "rental" affordable units within each affordable
housing development shall be affordable to low-income households.
Of the total number of affordable rental units, 13% shall be affordable
to very low-income households.
C.
At least half of the affordable units in each bedroom distribution
within each affordable housing development shall be affordable to
low-income households.
A.
Affordable housing developments which are not limited to age-restricted
households shall be structured in conjunction with realistic market
demands so that:
B.
Affordable housing developments that are limited to age-restricted
households shall, at a minimum, have a total number of bedrooms equal
to the number of age-restricted affordable units within the affordable
housing development. The standard may be met by creating all one-bedroom
units or by creating a two-bedroom unit for each efficiency unit.
A.
In conjunction with realistic market information, the following shall
be used to determine maximum rents and sales prices of the affordable
units:
(1)
Efficiency units shall be affordable to one-person households.
(2)
A one-bedroom unit shall be affordable to a one-and-one-half-person
household.
(3)
A two-bedroom unit shall be affordable to a three-person household.
(4)
A three-bedroom unit shall be affordable to a four-and-one-half person
household.
(5)
A four-bedroom unit shall be affordable to a six-person household.
B.
For assisted living facilities, the following standards shall be
used:
C.
In referring certified households to specific restricted units, to
the extent feasible, and without causing an undue delay in occupying
the unit, the administrative agent shall strive to:
Median income by household size shall be established using a
regional weighted average of the uncapped Section 8 income limits
published by HUD, computed as set forth in N.J.A.C. 5:97-9.2.
A.
The maximum rent of restricted rental units within each affordable
housing development shall be affordable to households earning no more
than 60% of median income. Each affordable housing development must
achieve an affordability average rental of no more than 52% for restricted
rental units. Each affordable housing development shall establish
at least one rent for each bedroom type for all low- and moderate-income
units, provided at least 13% of these restricted rental units are
affordable to households earning no more than 30% of median income.
For low-income rental units established in a market to affordable
rental program only, the maximum rent for a low-income unit shall
be affordable to households earning no more than 44% of median income.
B.
Low- and moderate-income units shall utilize the same heating source
as market units within an inclusionary development.
C.
Gross rents, including an allowance for utilities, shall be established for the various-sized affordable units at a rate not to exceed 30% of the gross monthly income of the appropriate household size as set forth in Subsection A above. The allowance for utilities shall be consistent with the utility allowance approved by NJDCA for use in its Section 8 Program.
D.
No affordable rental units in the COAH requirement shall be subject
to a rent control ordinance which may be adopted or in place in the
Municipality during the time period in which affordable housing COAH
controls are effective.
A.
The maximum sales price of restricted ownership units within each
affordable housing development shall be affordable to households earning
no more than 70% of median income. Each affordable housing development
must achieve an affordability average sales price of no more than
55% for restricted ownership units. Moderate-income ownership units
must be available for at least three different prices for each bedroom
type, and low-income ownership units must be available for at least
two different prices for each bedroom type. For low-income sales units
established in a market to affordable sale program only, the maximum
sales price for a low-income unit shall be affordable to households
earning no more than 40% of median income.
B.
Low- and moderate-income units shall utilize the same heating source
as market units within an inclusionary development.
C.
The initial purchase price for all restricted ownership units shall
be calculated so that the monthly carrying costs of the unit, including
principal and interest (based on a mortgage loan equal to 95% of the
purchase price and the Federal Reserve H.15 rate of interest), taxes,
homeowner and private mortgage insurance and condominium or homeowner
association fees do not exceed 28% of the eligible monthly income
of an appropriate household size as determined under N.J.A.C. 5:80-26.4;
provided, however, that the price shall be subject to the affordability
average requirement of N.J.A.C. 5:80-26.3.
If an affordable housing unit is part of a condominium association
or homeowners' association, the master deed shall reflect that the
assessed affordable homeowners' fee be established at 100% of the
market rate fee. This percentage assessment shall be recorded in the
master deed.
A.
Low-income housing units shall be reserved for households with a
gross household income equal to or less than 50% of the median income
approved by COAH.
B.
Pending release of COAH's rules implementing P.L. 2008, c. 46, very
low-income housing units shall be reserved for households with a gross
household income equal to or less than 30% of the median income approved
by COAH.
C.
Moderate-income housing units shall be reserved for households with
a gross household income in excess of 50% but less than 80% of the
median income approved by COAH.
Upon resale of an affordable unit, a certificate of reoccupancy
shall be required in accordance with N.J.A.C. 5:80-26.10.
Final site plan or subdivision approval shall be contingent
upon the affordable housing development meeting the following phasing
schedule for low- and moderate-income units, whether developed in
one stage or in two or more stages:
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
Percentage of Market Housing Units Completed
|
|---|---|
|
0
|
25
|
|
10
|
25 + 1 unit
|
|
50
|
50
|
|
75
|
75
|
|
100
|
90
|
Any conveyance of a newly constructed low- or moderate-income
sales unit shall contain the restrictive covenants and liens that
are set forth in N.J.A.C. 5:80-26 et seq.
A.
The Municipality is ultimately responsible for administering the
affordable housing program, including affordability controls and the
affirmative marketing plan in accordance with the regulations of COAH
pursuant to N.J.A.C. 5:97 et seq., and the UHAC pursuant to N.J.A.C.
5:80-26 et seq.
B.
The Municipality has delegated to the Municipal Housing Liaison this
responsibility for administering the affordable housing program, including
administering and enforcing the affordability controls and the affirmative
marketing plan of the Municipality in accordance with the provisions
of this article, the regulations of COAH pursuant to N.J.A.C. 5:96
and 5:97 et seq., and the UHAC pursuant to N.J.A.C. 5:80-26 et seq.
The Municipality shall, by resolution, appoint the Municipal Planning
Director as the Municipal Housing Liaison.
C.
Subject to COAH approval, the Municipality may contract with one
or more administrative agents to administer some or all of the affordability
controls and/or the affirmative marketing plan in accordance with
this article, the regulations of COAH pursuant to N.J.A.C. 5:96 and
5:97 et seq., and the UHAC pursuant to N.J.A.C. 5:80-26 et seq. If
the Municipality enters into such a contract, the Municipal Housing
Liaison shall supervise the contracting administrative agent(s) and
shall serve as liaison to the contracting administrative agent(s).
D.
The Municipality intends to contract with an experienced affordable
housing administrator to be the administrator of the sale and rental
of all new affordable housing. The experienced affordable housing
administrator will also oversee and administer income qualification
of low- and moderate-income households, place income-eligible households
in low- and moderate-income units upon initial occupancy, place income-eligible
households in low- and moderate-income units as they become available
during the period of affordability controls and enforce the terms
of the required deed restrictions and mortgage loans. The experienced
affordable housing administrator will specifically administer and
implement:
(1)
An administrative plan and program and related monitoring and reporting requirements as outlined in N.J.A.C. 5:80-26.15 et seq., and Chapter 30 of the Municipal Code, titled Land Use and Development Regulations.
(2)
A plan for certifying and verifying the income of low- and moderate-income
households as per N.J.A.C. 5:80-26.16.
(3)
Procedures to assure that low- and moderate-income units are initially
sold or rented to eligible households and are thereafter similarly
resold and rerented during the period while there are affordability
controls as per N.J.A.C. 5:80-26 et seq.
(4)
The requirement that all newly constructed low- and moderate-income
sales or rental units contain deed restrictions with appropriate mortgage
liens as set forth in the appendices in N.J.A.C. 5:80-26 et seq.
(5)
The several sales/purchase options authorized under N.J.A.C. 5:80-26
et seq., except that the Municipality retains the right to determine,
by resolution, whether or not to prohibit, as authorized under N.J.A.C.
5:80-26 et seq., the exercise of the repayment option.
(6)
The regulations determining whether installed capital improvements
will authorize an increase in the maximum sales price and which items
of property may be included in the sales price as per N.J.A.C. 5:80-26.9.
E.
The developers/owners of any inclusionary site shall be responsible
for the experienced affordable housing administrator's administrative
fee, affirmative marketing and advertising and such shall be a condition
of Planning Board or Zoning Board approval. Subsequent to the initial
sale of an affordable sale unit, the seller of an affordable sale
unit shall be responsible for the experienced affordable housing administrator's
administrative fee, affirmative marketing and advertising, and such
shall be a condition of any affordable housing deed restriction governing
the affordable unit.
F.
The Municipality reserves the right to replace the experienced affordable
housing administrator with another municipal authority or other agency
authorized by COAH or the Superior Court to carry out the administrative
processes outlined above.
A.
The Municipality shall adopt by, resolution, an affirmative marketing
plan, subject to approval of COAH, compliant with N.J.A.C. 5:80-26.15,
as may be amended and supplemented.
B.
The affirmative marketing plan is a regional marketing strategy designed
to attract buyers and/or renters of all majority and minority groups,
regardless of race, creed, color, national origin, ancestry, marital
or familial status, gender, affectional or sexual orientation, disability,
age or number of children to housing units which are being marketed
by a developer, sponsor or owner of affordable housing. The affirmative
marketing plan is also intended to target those potentially eligible
persons who are least likely to apply for affordable units in that
region. It is a continuing program that directs all marketing activities
toward COAH Housing Region 6 and covers the period of deed restriction.
C.
The affirmative marketing plan shall provide a regional preference
for all households that live and/or work in COAH Housing Region 6,
comprised of Salem, Atlantic, Cape May and Cumberland Counties.
D.
The Administrative Agent designated by the Municipality shall assure
the affirmative marketing of all affordable units consistent with
the affirmative marketing plan for the Municipality.
E.
In implementing the affirmative marketing plan, the Administrative
Agent shall provide a list of counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements and landlord/tenant law.
F.
The affirmative marketing process for available affordable units
shall begin at least four months prior to the expected date of occupancy.
G.
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner,
unless otherwise determined or agreed to by the Municipality.
A.
Newly constructed low- and moderate-income rental units shall remain
affordable to low- and moderate-income households for a period of
at least 30 years.
B.
Newly constructed low- and moderate-income for-sale units shall remain
affordable to low- and moderate-income households for a period of
at least 30 years.
C.
Rehabilitated owner-occupied housing units that are improved to code
standard shall be subject to affordability controls for 10 years.
D.
Rehabilitated renter-occupied housing units that are improved to
code standard shall be subject to affordability controls for at least
10 years.
F.
Affordability controls on accessory apartments shall be for a period
of 10 years.
G.
Affordability controls for units in alternative living arrangements
shall be for a period of 30 years.
H.
Affordability controls on market to affordable units shall be for
a period of at least 30 years.
A.
The first floor of all townhouse dwelling units and of all other
multistory dwelling units which are affordable to low- or moderate-income
households shall be subject to the technical design standards of the
Barrier Free Subcode (N.J.A.C. 5:23-7).
B.
Each affordable townhouse unit or other affordable multistory dwelling
unit that is attached to at least one other dwelling unit shall have
the following features:
(1)
An adaptable toilet and bathing facility on the first floor;
(2)
An adaptable kitchen on the first floor;
(3)
An accessible route of travel: An interior accessible route of travel
shall not be required between stories;
(4)
An adaptable room that can be used as a bedroom, with a door or the
casing for the installation of a door, on the first floor; and
(5)
Accessible entranceways:
(a)
The developer shall provide an accessible entranceway as set
forth at N.J.A.C. 5:97-3.14 for each affordable townhouse unit or
other affordable multistory dwelling unit that is attached to at least
one other dwelling unit; or
(b)
The developer shall provide funds sufficient to make 10% of
the adaptable entrances in the development accessible as set forth
at N.J.A.C. 5:97-3.14.
(6)
The developer of the project shall submit a conversion plan indicating
the steps necessary to convert the unit from being adaptable to accessible.
Said plan shall be submitted at the time of issuance of a building
permit.
(7)
Where the developer will provide funds sufficient to make 10% of
the adaptable entrances in the development accessible, the developer
of the project shall submit the following to the Municipality, at
the time of issuance of the building permit, in order to determine
the required funds:
(8)
In the case of an affordable unit or units which are constructed
with an adaptable entrance, upon the request of a disabled person
who is purchasing or will reside in the dwelling unit, an accessible
entrance shall be installed by the Municipality.
