Township of Mendham, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Mendham 8-24-1999 by Ord. No. 15-1999 (Ch. XXVI of the 1998 Revised General Ordinances). Amendments noted where applicable.]

§ 75-1 Applicability.

The provisions of this chapter shall govern the development, construction, sale, and resale of limited income housing in the Township. Any affordable housing constructed within the Township of Mendham after August 24, 1999 shall be developed in conformance with the current rules and regulations of the New Jersey Council on Affordable Housing, including but not limited to the phasing of construction, bedroom distribution requirements, initial pricing and/or rental requirements, occupancy eligibility, affirmative marketing, and long-term affordability controls.

§ 75-2 Definitions.

For the purposes of this chapter, the following terms shall have the meanings set forth in this section unless different meanings are clearly indicated by the context in which they are used. All terms defined in N.J.A.C. 5:93-1.3 are hereby incorporated by reference as if set forth herein in their entirety.
AFFORDABLE HOUSING
A residential dwelling that is sold or rented at a rate within the means of a low or moderate-income household as defined by the New Jersey Council on Affordable Housing. "Affordable housing" is the same as "limited-income housing" as defined in Chapter XII (General Definitions) of the Land Use Ordinance.
COAH
The New Jersey Council on Affordable Housing.
HOUSING CORPORATION
The Morris S. Frank Housing Corporation, a nonprofit corporation of the State of New Jersey.[1]
LOW-INCOME HOUSING
Housing affordable according to New Jersey Council on Affordable Housing regulations, to a household with a total gross annual income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the housing is located as adopted by COAH, and which is subject to affordability controls consistent with COAH regulations.
MODERATE-INCOME HOUSING
Housing affordable according to New Jersey Council on Affordable Housing regulations, to a household with a total gross annual income in excess of 50% but less than 80% of the median gross household income for households of the same size within the housing region in affordability controls consistent with COAH regulations.
[1]
Editor's Note: The Morris S. Frank Housing Corporation has been replaced by the Housing Partnership.

§ 75-3 Affirmative marketing.

A. 
General. The sale and resale of all affordable housing shall be undertaken in accordance with the requirements of this chapter and COAH regulations. These regulations are intended to implement the requirements of N.J.A.C. 5:93-11. Marketing for the sale and resale of all affordable housing shall be based upon a regional marketing strategy (within the housing region designated in Subsection B) designed to attract prospective home buyers of all groups regardless of sex, age or number of children, who live or work within the housing region, to available affordable housing units in the Township of Mendham. The developer of affordable housing units shall have the primary role in developing the initial affirmative marketing plan, subject to the review and approval of and monitoring by the Housing Corporation,[1] for the sale of units in the developer's project, and the developer shall undertake the initial marketing and sale of affordable housing consistent with the aforesaid plan, this chapter and COAH regulations. Thereafter, the Housing Corporation shall administer all re-sales of affordable housing consistent with the affirmative marketing requirement of this chapter and COAH regulations.
[1]
Editor's Note: The Morris S. Frank Housing Corporation has been replaced by the Housing Partnership.
B. 
Housing region. The Township of Mendham is located within Region 2, as determined by COAH, which includes Essex, Morris, Union and Warren Counties.
C. 
Discrimination in the sale, rental, financing or other services related to the housing on the basis of race, color, sex, religion, handicap, familial status/size, age or national origin is prohibited. The Township of Mendham shall comply with monitoring and reporting requirements in accordance with N.J.A.C. 5:93-11.6 and 12.1.
D. 
Affirmative marketing requirements.
(1) 
All newspaper articles, announcements and requests for applications for affordable housing shall appear in the following daily regional newspapers: Star Ledger and Daily Record.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
All newspaper articles, announcements and requests for applications for affordable housing shall appear in the following daily local or neighborhood-oriented newspapers/publications, religious publications and/or organizational newsletters within the region: Daily Record and Observer Tribune.
(3) 
Regional radio and/or cable television station(s) will be used as necessary.
(4) 
Initial marketing shall take the form of at least one press release sent to the above newspapers and a paid display advertisement in each. Additional advertising shall be on an as-needed basis.
(5) 
Each newspaper advertisement shall include a description of the following:
(a) 
Street address of the unit(s).
(b) 
Directions to the property.
(c) 
Size of unit(s) and number of bedrooms per unit.
(d) 
Range of sales prices.
(e) 
Income requirements.
(f) 
Location of applications, including business hours and where/how applications or more information may be obtained.
(6) 
Applications shall be mailed to prospective applicants upon request. In addition, the following are the locations where applications, brochures, signs or other forms of advertisement/marketing may be found:
(a) 
Mendham Township Municipal Building and Library.
(b) 
Morris County Administration Building.
(c) 
Major employers in the region.
(7) 
The following is a listing of community contacts in the housing region that will aid in the affirmative marketing program with particular emphasis on contacts that will reach out to groups that are the least likely to apply for housing within the region:
(a) 
Morris County Departments of Planning and Community Development.
(b) 
Essex, Morris, Union and Warren County Departments of Human Services.
(c) 
The Housing Partnership for Morris County.
(d) 
United Way of Morris County.
(e) 
Morris 2000.
(8) 
Flyers and applications shall be sent on an as-needed basis to each of the following agencies for publication in their journals and for circulation among their members: Board of Realtors in Essex, Morris, Union and Warren Counties.
(9) 
Informational circulars and application shall be sent on an as-needed basis to the chief administrative employee of each of the following agencies in the counties of Essex, Morris, Union and Warren:
(a) 
United Way.
(b) 
Office of Aging.
(c) 
Library.
(d) 
Area community action agencies, if any.
(10) 
The marketing program shall commence at least 120 days before the first issuance of a certificate of occupancy, whether temporary or permanent. The program shall continue until all low- and moderate-income housing units are initially occupied and for as long as affordable units are provided or assured through deed restrictions and as occupancy or reoccupancy of units continues to be necessary in satisfaction of the Township's affordable housing obligation.
(11) 
Residency preference. The Township of Mendham shall comply with N.J.A.C. 5:93-11.7. There shall be no local residency preference in marketing affordable housing. However, an occupancy preference may be given to income-eligible households that live or work within the COAH-determined housing region within which Mendham Township is situated.

§ 75-4 Income limits.

Occupancy of all affordable housing shall be limited to households of low or moderate income in accordance with the income limits for the size of the household approved and periodically updated by COAH.

§ 75-5 Affordability controls.

All affordable housing shall be governed by a deed restriction and affordability controls consistent with COAH regulations. The Housing Corporation[1] shall administer and monitor all sales and re-sales of affordable housing in the Township.
A. 
New construction. Newly constructed affordable housing shall be governed by deed restrictions ensuring affordability for a period of not less than 30 years from the date of the initial sale to a qualified purchaser.
B. 
Rehabilitation. Any housing that is rehabilitated in satisfaction of the rehabilitation component of the Township's affordable housing obligation shall be subject to affordability controls for a period of at least six years. A lien placed upon a rehabilitated unit by the Morris County Department of Community Development shall be deemed to have satisfied this requirement.
C. 
Occupancy and income verification/certification criteria. The Housing Corporation[2] shall adopt, and may periodically update as part of its guidelines, the occupancy criteria, and income verification and certification procedures established by COAH.
[2]
Editor's Note: The Morris S. Frank Housing Corporation has been replaced by the Housing Partnership.
D. 
Certificate of occupancy or reoccupancy. No certificate of occupancy or reoccupancy shall be issued for any affordable housing unit unless and until there is a written determination by the Housing Corporation[3] that the unit is controlled by a deed restriction ensuring long-term affordability controls as required by these rules and COAH regulations.
[3]
Editor's Note: The Morris S. Frank Housing Corporation has been replaced by the Housing Partnership.
E. 
Option to buy sales units. After the term of affordability controls of a newly constructed unit expires and the unit is offered for sale, the Township of Mendham, the New Jersey Department of Community Affairs, or a qualified nonprofit corporation may propose to purchase the unit consistent with the provisions of N.J.A.C. 5:93-9.4 through 9.7.
[1]
Editor's Note: The Morris S. Frank Housing Corporation has been replaced by the Housing Partnership.