[HISTORY:[1] 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.]
[1]
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:
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.
A.
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.
B.
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.
C.
Compensation. The members shall serve without compensation.
D.
Powers. The powers of the Affordable Housing Board shall be as follows:
(1)
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.
(2)
To recommend to the Township Committee the adoption of rules and
regulations:
(a)
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.
(b)
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.
(c)
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.
(d)
To establish screening mechanisms to ensure that all affordable
housing units are occupied only by lower-income households.
(e)
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.[1]
[1]
Editor's Note: Said subsection was repealed by Ord. No. 2007-09.
(f)
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.
(g)
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.
(h)
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.
(i)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
In the absence of or until the appointment of an Affordable Housing
Board, the Township Committee shall act in its stead.
A.
Creation. There is hereby created a housing fund.
(1)
Contributions from developers.
(a)
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]
(b)
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.
(2)
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.
B.
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."
C.
Disbursements for rehabilitation.
(1)
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:
(a)
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.
(b)
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.
(c)
The rehabilitation activity will result in the dwelling unit
being free of code violations.
(d)
The applicant has executed an agreement:
[1]
To use the funds only for the approved purposes;
[2]
To rent or sell the unit only to a qualified low- or moderate-income
household;
[3]
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;
[4]
To otherwise comply with the rules and regulations of the Affordable
Housing Board.
(2)
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.
(3)
Other disbursements.
(a)
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.
(b)
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.
A.
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.
B.
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.
C.
Powers and duties. It shall be the responsibility of the Housing
Officer:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
To maintain an up-to-date record of all deed-restricted affordable
housing units in the Township.
(6)
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.
(7)
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.
(8)
To maintain detailed records of income to and expenditures from the
housing fund and accounts for any government grant monies received.
(9)
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.
(10)
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.
(11)
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.
