[HISTORY: Adopted by the Township Committee of the Township of Fredon Ord. No. 9-87 (Sec. 2-10 of the 1972 Revised General Ordinances). Amendments noted where applicable.]
Editor's Note: By Ord. No. 2017-08, adopted 7-27-2017, the term "Planning Board" was changed to "Land Use Board" throughout the Code.
The purpose of this chapter is to create the administrative mechanisms needed for the execution of the Township's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.
For the purposes of this chapter, the terms used are as defined in Chapter 550, Zoning, of this Code. In addition, the following definition shall apply:
- HOUSING OFFICER
- The employee, consultant, authority or government or other agency charged by the Township Committee with the responsibility of administering the affordable housing program of the Township.
Creation; appointment. 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 Committee.
Composition; term. The Board shall be composed of one member of the Township Committee, whose appointment shall be for one year, a member of the Land Use Board, whose appointment shall be for three years or the duration of his/her term on the Land Use 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 resignations or removal from office shall be for the departing member's unexpired term.
Compensation. The members shall serve without compensation.
Powers. The powers of the Affordable Housing Board shall be as follows:
To recommend to the Township Committee the person or organization to be appointed as Housing Officer, and the amount of compensation to be paid to that person or organization.
To recommend to the Township Committee the adoption of rules and regulations:
To govern the sale or rental of affordable housing units to lower income persons pursuant to the Substantive Rules issued by the Council on Affordable Housing.
To assure that the housing units built or rehabilitated for lower-income occupancy 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.
To establish eligibility criteria for persons wishing to purchase or rent affordable housing in the Township in accordance with 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 Substantive Rules.
To establish screening mechanisms to ensure that all affordable housing units are occupied only by lower-income households.
To administer all funds made available to the Township's housing fund from developer contributions in lieu of the construction of lower income units, as provided in § 110-4B of this Code from public sources pursuant to Subsection 2-8.5.
Editor's Note: Said subsection was repealed by Ord. No. 2007-09.
To 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 Township of any windfall profits from the resale of the units.
To regulate the calculation of rents and other charges for affordable rental units for the purposes of ensuring that affordable rental units are rented only to and remain occupied only by lower-income households.
To provide for a fair and equitable disbursal of funds from the housing fund, to the extent such funds are available, for rehabilitation of substandard housing occupied by lower income households and for such other purposes, including senior citizens housing construction, as may be authorized by the Township Committee.
To carry out such additional responsibilities as may be necessary to fulfill the Township's affordable housing program in accordance with the Fair Housing Act of 1985 and the Substantive Rules issued by the Council on Affordable Housing.
To ascertain the extent and location of existing substandard housing units which may be eligible for rehabilitation and, if necessary and upon authorization by the Township Committee, to conduct a survey or to arrange to have a survey conducted.
To seek out sources of government funding that will assist the Township in meeting its goals of supplying affordable housing as set forth in the adopted housing plan element of the master plan, and, upon authorization by the Township Committee, to prepare and submit applications to secure such funding.
To prepare an annual budget for the Affordable Housing Board, including salaries and expenditures incurred in administering the affordable housing provisions of Chapter 550, Zoning, exclusive of expenditures for rehabilitation. The budget shall be prepared in accordance with proper municipal accounting procedures and submitted to the Township Committee for approval as part of the municipal budget.
To recommend to the Township Committee the disbursement of funds from the housing fund, if such funds are available, for rehabilitation of housing and for such other purposes as may be authorized by the Township Committee.
To recommend to the Township Committee reasonable fees to be charged to developers of affordable housing units to offset the costs to the Township 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.
To undertake such other activities as may be authorized by law to carry out the obligations of the Township to assist in providing affordable housing in accordance with the Fair Housing Act of 1985 and the Substantive Rules issued by the Council on Affordable Housing.
In the absence of or until the appointment of an Affordable Housing Board, the Township Committee shall act in its stead.
Creation. There is hereby created a housing fund.
Contributions from developers.
Prior to the granting of preliminary approval, the Land Use Board shall determine the amount to be paid by the applicant.
[Amended 11-28-2011 by Ord. No. 2011-12]
The resolution adopted by the Board shall condition its preliminary and final approvals upon payment of the required contribution at the time building permits are issued for the phase in question. A copy of the resolutions of approval shall be supplied to both the construction official and the Housing Officer.
Funds from other government sources. Funds which may be received from government sources shall be paid to and deposited by the Township Treasurer in the housing fund, except that, where required by the funding source, such funds shall be held in a separate account and administered as required by the funding source.
Source of funds; deposit. Funds collected from developers in lieu of the construction of lower-income units shall be paid to and deposited by the Township Treasurer in an interest-bearing account designated as the "Housing Fund of the Township of Fredon."
Disbursements for rehabilitation.
The Affordable Housing Board, subject to approval by the Township Committee, shall authorize disbursements from the housing fund for purposes of rehabilitation after the Housing Officer certifies that:
The Housing Officer has examined the application and determined that the intended recipient either is a qualified low- or moderate-income household, according to income limits established by the Affordable Housing Board for the year, or is a nonoccupant owner willing to rent the unit only to a qualified low- or moderate-income household for the requisite ten-year time period following receipt of the funds or to sell the unit only to a qualified low or moderate-income household.
The housing unit has been inspected and the existence of the health and safety code violations which the applicant seeks to remedy through the use of proceeds from the fund has been verified.
The rehabilitation activity will result in the dwelling unit being free of code violations.
The applicant has executed an agreement:
To use the funds only for the approved purposes;
To rent or sell the unit only to a qualified low- or moderate-income household;
Upon completion of the improvements and certification of the unit as being free of code violations, to record a deed covenanting the unit for a period of 10 years for a rental unit and six years for an owner-occupied unit limiting occupancy to and maintaining affordability for a low- or moderate-income household;
To otherwise comply with the rules and regulations of the Affordable Housing Board.
Time requirements. Within 45 days of the execution of the agreement or within 45 days of the receipt of sufficient funds, if such funds are not immediately available, the Township shall enter into a contract or contracts for the completion of the rehabilitation work. The work so authorized by contract must be completed within three months of the date of the contract.
Administration. Funds may be used to reimburse the Township for salaries and other expenditures connected with the execution of the Township's responsibilities to assist in providing affordable housing in accordance with this chapter and the affordable housing provisions of Chapter 550, Zoning; provided, however, that no more than 18% of the funds collected shall be used for such purposes.
Other programs. Before disbursements for other programs designed to promote the goal of providing affordable housing, the Township Committee shall have authorized such disbursements by ordinance and shall have established appropriate guidelines and procedures for such disbursements.
Establishment of position. There is hereby established the position of Housing Officer for the Township. The Housing Officer shall be appointed by the Township Committee and may be a full- or part-time Township employee, a consultant, an authority or a government or other agency contracted by the Township to perform the duties and functions of the Housing Officer. The appointment of the Housing Officer shall occur within 30 days of the submission of a complete application for an inclusionary development in the PD zone, or prior to that time if the Township Committee determines that there is a need for the services of a Housing Officer.
Compensation. Compensation shall be fixed by the Township Committee at the time of the appointment of the Housing Officer, upon recommendation of the Affordable Housing Board.
Powers and duties. It shall be the responsibility of the Housing Officer:
To administer the affordable housing program of the Township in accordance with the Substantive Rules issued by the Council on Affordable Housing and the rules and regulations of the Affordable Housing Board.
To maintain waiting lists of households which may 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.
To 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.
To 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 Township Committee.
To maintain an up-to-date record of all deed-restricted affordable housing units in the Township.
To 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 affordable housing provisions of Chapter 550, Zoning, performing all of the administrative duties and functions outlined therein.
To advise the Land Use Board with respect to its approvals of affordable housing units and as to required developer contributions to the housing fund.
To maintain detailed records of income to and expenditures from the housing fund and accounts for any government grant monies received.
To perform the administrative functions associated with any government-funded housing rehabilitation, down payment assistance, or other affordable housing program, once such program has been funded.
To arrange for inspections of affordable housing units as necessary to carry out the requirements of this chapter, Chapter 550, Zoning, and the rules and regulations promulgated by the Affordable Housing Board.
To carry out such additional duties as may be required of the Housing Officer by the rules and regulations promulgated by the Affordable Housing Board.