[Adopted 12-18-2019 by Ord. No. 19-17[1]]
[1]
Editor's Note: This ordinance superseded former
§ 34-2, Affordable Housing Provisions, adopted by Ord. No. 99-24,
as amended.
a.
This section is intended to assure that
low- and moderate-income units ("affordable units") are created with
controls on affordability over time and that low- and moderate-income
households shall occupy these units. This section shall apply except
where inconsistent with applicable law.
b.
The Woodland Park Planning Board has adopted
a Housing Element and Fair Share Plan pursuant to the Municipal Land
Use Law at N.J.S.A. 40:55D-1 et seq. The Fair Share Plan has been
endorsed by the governing body. The Fair Share Plan describes the
ways Woodland Park shall address its fair share for low- and moderate-income
housing as determined by the court, COAH, or a successor entity and
documented in the Housing Element.
c.
This section implements and incorporates
the Fair Share Plan and addresses the requirements of N.J.A.C. 5:93,
as may be amended and supplemented.[1]
[1]
Editor's Note: In accordance with N.J.S.A.
52:14B-5.1b, Chapter 93, Substantive Rules of the New Jersey Council
on Affordable Housing for the Period Beginning June 6, 1994, expired
on 10-16-2016.
d.
Woodland Park shall file monitoring reports
with the court, COAH, or a successor entity in accordance with N.J.A.C.
5:93, tracking the status of the implementation of the Housing Element
and Fair Share Plan. Any plan evaluation report of the Housing Element
and Fair Share Plan and monitoring prepared by the court, COAH, or
a successor entity in accordance with N.J.A.C. 5:93 and the terms
of any settlement agreement and court order shall be available to
the public at the Woodland Park Municipal Building, Municipal Clerk's
office, 5 Brophy Lane, Woodland Park, New Jersey.
The following terms, when used in
this section, shall have the meanings given in this subsection:
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site.
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.[1]
The entity responsible for the administration of affordable
units in accordance with this section.
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent within the means of a low- or moderate-income
household as defined in N.J.A.C. 5:93-7.4.[2]
A housing development, all or a portion of which consists
of restricted units.
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 100% affordable development.
Any mechanism in a municipal fair share plan prepared or
implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act and/or
funded through an affordable housing trust fund.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that:
All the residents of the development
where the unit is situated are 62 years or older; or
At least 80% of the units are occupied
by one person that is 55 years or older; or
The development has been designated
by the Secretary of the U.S. Department of Housing and Urban Development,
the court, COAH, or a successor entity as "housing for older persons"
as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C.
§ 3607.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A facility licensed by the New Jersey Division of Health
and Senior Services to provide apartment-style housing and congregate
dining and to assure that assisted living services are available when
needed for four or more adult persons unrelated to the proprietor
and that offers units containing, at a minimum, one unfurnished room,
a private bathroom, a kitchenette and a lockable door on the unit
entrance.
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
A housing unit with health and safety code violations that
require the repair or replacement of a major system. A "major system"
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load-bearing structural systems.
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development, including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
A development containing both affordable units and market-rate
units. This term includes, but is not necessarily limited to: new
construction, the conversion of a nonresidential structure to residential,
and the creation of new affordable units through the reconstruction
of a vacant residential structure.
A household with a total gross annual household income equal
to 50% or less of the median household income.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building, which
include, but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement or load-bearing structural systems.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable county,
as adopted annually by the court, COAH, or a successor entity.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income
household.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a Class A
beneficiary; and the transfer of ownership by court order.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by the court, COAH, or a successor entity or adopted regional
income limits published annually by the court, COAH, or a successor
entity.
The repair, renovation, alteration or reconstruction of any
building or structure pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, rent does
not include charges for food and services.
A dwelling unit, whether a rental unit or ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
The uniform housing affordability controls set forth in N.J.A.C.
5:80-26.1 et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income.
A restricted unit that is affordable to a very-low-income
household.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for rehabilitation.
Woodland Park has determined that
it will use the following mechanisms to satisfy its affordable housing
obligations:
a.
A rehabilitation program.
1.
Woodland Park's rehabilitation program
shall be designed to renovate deficient housing units occupied by
low- and moderate-income households such that, after rehabilitation,
these units will comply with the New Jersey State Housing Code pursuant
to N.J.A.C. 5:28.
2.
Both owner-occupied and renter-occupied
units shall be eligible for rehabilitation funds.
3.
All rehabilitated units shall remain affordable
to low- and moderate-income households for a period of 10 years (the
control period). For owner-occupied units, the control period will
be enforced with a lien; and for renter-occupied units, the control
period will be enforced with a deed restriction.
4.
Woodland Park shall dedicate a minimum
of $10,000 for each unit to be rehabilitated through this program,
reflecting the minimum hard cost of rehabilitation for each unit.
5.
Woodland Park shall adopt a resolution
committing to fund any shortfall in the rehabilitation programs for
the Borough.
6.
Woodland Park shall designate, subject
to the approval of the court, COAH, or a successor entity, one or
more administrative agents to administer the rehabilitation program
in accordance with N.J.A.C. 5:93. The administrative agent(s) shall
provide a rehabilitation manual for the owner-occupancy rehabilitation
program and a rehabilitation manual for the rental-occupancy rehabilitation
program, to be adopted by resolution of the governing body and subject
to approval of the court, COAH, or a successor entity. Both rehabilitation
manuals shall be available for public inspection in the office of
the Municipal Clerk and in the office(s) of the administrative agent(s).
7.
Units in a rehabilitation program shall
be exempt from uniform housing affordability controls (UHAC) but shall
be administered in accordance with the following:
(a)
If a unit is vacant, upon initial
rental subsequent to rehabilitation, or if a renter-occupied unit
is rerented prior to the end of controls on affordability, the deed
restriction shall require the unit to be rented to a low- or moderate-income
household at an affordable rent and affirmatively marketed pursuant
to N.J.A.C. 5:93[1] and UHAC.
[1]
Editor's Note: In accordance with N.J.S.A.
52:14B-5.1b, Chapter 93, Substantive Rules of the New Jersey Council
on Affordable Housing for the Period Beginning June 6, 1994, expired
on 10-16-2016.
(b)
If a unit is renter-occupied, upon
completion of the rehabilitation, the maximum rate of rent shall be
the lesser of the current rent or the maximum permitted rent pursuant
to N.J.A.C. 5:93 and UHAC.
(c)
Rents in rehabilitated units may
increase annually based on the standards in N.J.A.C. 5:93.
(d)
Applicant and/or tenant households
shall be certified as income-eligible in accordance with N.J.A.C.
5:93 and UHAC, except that households in owner occupied units shall
be exempt from the regional asset limit.
b.
Alternative living arrangements.
1.
Alternative living arrangements may be
used to address a municipal housing obligation by entering into an
agreement for the location of such a facility with the provider of
the facility or by granting preliminary approval to a developer of
an alternative living arrangement.
2.
The unit of credit for an alternative living
arrangement shall be the bedroom.
3.
Alternative living arrangements that are
age-restricted shall be included with the 25% that may be age-restricted
pursuant to N.J.A.C. 5:93-5.14.[2]
[2]
Editor's Note: In accordance with N.J.S.A.
52:14B-5.1b, Chapter 93, Substantive Rules of the New Jersey Council
on Affordable Housing for the Period Beginning June 6, 1994, expired
on 10-16-2016.
4.
Controls on affordability on alternative
living arrangements shall remain in effect for at least 10 years.
To be eligible for a rental bonus (pursuant to N.J.A.C. 5:93-5.15[3]), controls on affordability shall remain in effect for
at least 30 years.
[3]
Editor's Note: In accordance with N.J.S.A.
52:14B-5.1b, Chapter 93, Substantive Rules of the New Jersey Council
on Affordable Housing for the Period Beginning June 6, 1994, expired
on 10-16-2016.
5.
Transitional facilities for the homeless
shall not be dormitories and shall have separate bedrooms; those that
do not shall have one year to complete the necessary rehabilitation
to create separate bedrooms.
6.
Alternative living arrangements shall be subject to Subsection 34-1.7, Affirmative Marketing Provisions.
7.
In establishing rents and sales prices
of affordable housing units, the administrative agent shall follow
the procedures set forth in UHAC and utilize the regional income limits
established by the court, COAH, or a successor entity.
8.
The service provider shall act as the administrative
agent for alternative living arrangements.
9.
Administration of such units shall be in
accordance with N.J.A.C. 5:93[4] and UHAC, with the exception of affordability averages
and bedroom distributions (N.J.A.C. 5:80-26.3) and affirmative marketing
(N.J.A.C. 5:80-26.15), provided that the units or bedrooms may be
affirmatively marketed by the provider in accordance with an alternative
plan provided by the court.
[4]
Editor's Note: In accordance with N.J.S.A.
52:14B-5.1b, Chapter 93, Substantive Rules of the New Jersey Council
on Affordable Housing for the Period Beginning June 6, 1994, expired
on 10-16-2016.
a.
Presumptive densities and set-asides. To
ensure the efficient use of land through compact forms of development
and to create realistic opportunities for the construction of affordable
housing, inclusionary zoning permits minimum presumptive densities
and presumptive maximum affordable housing set-asides as follows:
1.
For-sale developments.
(a)
The zoning of the R-N Zone provides
for a 20% set-aside for restricted units and a density of 22 units
per acre.
(b)
The zoning of the R-N Overlay Zone
provides for a 20% set-aside for restricted units and a density of
22 units per acre.
(c)
The zoning of the R-O Overlay Zone
provides for a 20% set-aside for restricted units and a density of
22 units per acre.
(d)
The zoning of the R-M Zone provides
for a 20% set-aside for restricted units and a density of nine units
per acre.
(e)
The zoning of the CBD Zone provides
for a 20% set-aside for restricted units and a density of 40 units
per acre.
2.
Rental developments.
(a)
The zoning of the R-N Zone provides
for a 15% set-aside for restricted units and a density of 22 units
per acre.
(b)
The zoning of the R-N Overlay Zone
provides for a 15% set-aside for restricted units and a density of
22 units per acre.
(c)
The zoning of the R-O Overlay Zone
provides for a 15% set-aside for restricted units and a density of
22 units per acre.
(d)
The zoning of the R-M Zone provides
for a 15% set-aside for restricted units and a density of nine units
per acre.
(e)
The zoning of the CBD Zone provides
for a 15% set-aside for restricted units and a density of 40 units
per acre.
3.
Where an executed development agreement
exists for affordable housing on a specific site or sites, list the
sites below and identify the density and set-aside for each.
(a)
K Hovnanian is an age-restricted
inclusionary housing development has a density of 11.5 units per acre
and a set-aside of 10%, which includes payments-in-lieu and RCAs.
4.
At least 13% of the affordable units within
each bedroom distribution in any development shall be affordable to
very-low-income households at or below 30% of median income.
b.
Phasing. In inclusionary developments,
the following schedule shall be followed:
|
Maximum Percentage of Market-Rate
Units Completed
|
Minimum Percentage of Low- and Moderate-Income
Units Completed
|
|---|---|
|
25%
|
0%
|
|
25% + 1
|
10%
|
|
50%
|
50%
|
|
75%
|
75%
|
|
90%
|
100%
|
c.
Design. In inclusionary developments, to
the extent possible, low- and moderate-income units shall be integrated
with the market units.
d.
Utilities. Affordable units shall utilize
the same type of heating source as market units within the affordable
development.
Any applications for residential
development by way of use variance or rezoning resulting in five units
or more shall provide a minimum affordable housing set-aside of 15%
for rental units and 20% for for-sale units. For any fraction thereof,
the developer will multiply that fraction by $200,000 to be contributed
to the Borough's Affordable Housing Trust Fund.
The following general guidelines
apply to all newly constructed developments that contain low- and
moderate-income housing units, including any currently unanticipated
future developments that will provide low- and moderate-income housing
units.
a.
Low/moderate split and bedroom distribution
of affordable housing units:
1.
The fair share obligation shall be divided
equally between low- and moderate-income units, except that where
there is an odd number of affordable housing units, the extra unit
shall be a low-income unit.
2.
In each affordable development, at least
50% of the restricted units within each bedroom distribution shall
be low-income units.
3.
Affordable developments that are not age-restricted
shall be structured in conjunction with realistic market demands such
that:
(a)
The combined number of efficiency
and one-bedroom units shall be no greater than 20% of the total low-
and moderate-income units;
(b)
At least 30% of all low- and moderate-income
units shall be two-bedroom units;
(c)
At least 20% of all low- and moderate-income
units shall be three-bedroom units; and
(d)
The remaining units may be allocated
among two- and three-bedroom units at the discretion of the developer.
4.
Affordable developments that are age-restricted
shall be structured such that the number of bedrooms shall equal the
number of age-restricted low- and moderate-income units within the
inclusionary development. The standard may be met by having all one-bedroom
units or by having a two-bedroom unit for each efficiency unit.
b.
Accessibility requirements:
1.
The first floor of all restricted townhouse
dwelling units and all restricted units in all other multistory buildings
shall be subject to the technical design standards of the Barrier
Free Subcode, N.J.A.C. 5:23-7.
2.
All restricted townhouse dwelling units
and all restricted units in other multistory buildings in which a
restricted dwelling unit is attached to at least one other dwelling
unit shall have the following features:
(a)
An adaptable toilet and bathing facility
on the first floor;
(b)
An adaptable kitchen on the first
floor;
(c)
An interior accessible route of travel
on the first floor;
(d)
An interior accessible route of travel
shall not be required between stories within an individual unit;
(e)
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
(f)
An accessible entranceway as set
forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.), and the
Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that Woodland Park
has collected funds from the developer sufficient to make 10% of the
adaptable entrances in the development accessible.
(1)
Where a unit has been 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.
(2)
To this end, the builder of restricted
units shall deposit funds within the Borough of Woodland Park's Affordable
Housing Trust Fund sufficient to install accessible entrances in 10%
of the affordable units that have been constructed with adaptable
entrances.
(3)
The funds deposited under Subsection b2(f)(2) above shall be used by Woodland Park for the sole purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
(4)
The developer of the restricted units
shall submit a design plan and cost estimate for the conversion from
adaptable to accessible entrances to the Construction Official of
Woodland Park.
(5)
Once the Construction Official has
determined that the design plan to convert the unit entrances from
adaptable to accessible meet the requirements of the Barrier Free
Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion
is reasonable, payment shall be made to the Borough's Affordable Housing
Trust Fund in care of the Municipal Treasurer, who shall ensure that
the funds are deposited into the Affordable Housing Trust Fund and
appropriately earmarked.
(6)
Full compliance with the foregoing
provisions shall not be required where an entity can demonstrate that
it is site-impracticable to meet the requirements. Determinations
of site impracticability shall be in compliance with the Barrier Free
Subcode, N.J.A.C. 5:23-7.
c.
Maximum rents and sales prices:
1.
In establishing rents and sales prices
of affordable housing units, the administrative agent shall follow
the procedures set forth in UHAC and utilize the regional income limits
established by the court, COAH, or a successor entity.
2.
The maximum rent for restricted rental
units within each affordable development shall be affordable to households
earning no more than 60% of median income, and the average rent for
restricted low- and moderate-income units shall be affordable to households
earning no more than 52% of median income.
3.
The developers and/or municipal sponsors
of restricted rental units shall establish at least one rent for each
bedroom type for both low-income and moderate-income units.
(a)
At least 13% of all low- and moderate-income
rental units within each bedroom distribution shall be affordable
to very-low-income households, i.e., households earning 30% or less
of the median income.
4.
The maximum sales price of restricted ownership
units within each affordable development shall be affordable to households
earning no more than 70% of median income, and each affordable development
must achieve an affordability average of 55% for restricted ownership
units; in achieving this affordability average, 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.
5.
In determining the initial sales prices
and rents for compliance with the affordability average requirements
for restricted units other than assisted living facilities, the following
standards shall be used:
(a)
A studio shall be affordable to a
one-person household;
(b)
A one-bedroom unit shall be affordable
to a one-and-one-half-person household;
(c)
A two-bedroom unit shall be affordable
to a three-person household;
(d)
A three-bedroom unit shall be affordable
to a four-and-one-half-person household; and
(e)
A four-bedroom unit shall be affordable
to a six-person household.
6.
In determining the initial rents for compliance
with the affordability average requirements for restricted units in
assisted living facilities, the following standards shall be used:
7.
The initial purchase price for all restricted
ownership units shall be calculated so that the monthly carrying cost
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, homeowners' and private mortgage insurance,
and condominium or homeowners' association fees, does not exceed 28%
of the eligible monthly income of the appropriate size household as
determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented;
provided, however, that the price shall be subject to the affordability
average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
8.
The initial rent for a restricted rental
unit shall be calculated so as not to exceed 30% of the eligible monthly
income of the appropriate household size as determined under N.J.A.C.
5:80-26.4, as may be amended and supplemented; provided, however,
that the rent shall be subject to the affordability average requirement
of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
9.
The price of owner-occupied low- and moderate-income
units may increase annually based on the percentage increase in the
regional median income limit for each housing region. In no event
shall the maximum resale price established by the administrative agent
be lower than the last recorded purchase price.
10.
The rent of low- and moderate-income units
may be increased annually based on the percentage increase in the
Housing Consumer Price Index for the United States. This increase
shall not exceed 9% in any one year. Rents for units constructed pursuant
to low-income housing tax credit regulations shall be indexed pursuant
to the regulations governing low-income housing tax credits.
11.
Utilities. Tenant-paid utilities that are
included in the utility allowance shall be so stated in the lease
and shall be consistent with the utility allowance approved by DCA
for its Section 8 program.
The following general guidelines
apply to all developments that contain low- and moderate-income housing
units, including any currently unanticipated future developments that
will provide low- and moderate-income housing units.
a.
Woodland Park shall adopt by resolution
an Affirmative Marketing Plan, subject to approval of the court, COAH,
or a successor entity, 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 Housing Region 1 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
Housing Region 1, comprised of Sussex, Passaic, and Bergen Counties.
d.
The administrative agent designated by
Woodland Park 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 Woodland Park.
a.
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:
b.
Additional provisions related to occupancy
standards (if any) shall be provided in the Municipal Operating Manual.
a.
Control periods for restricted ownership
units shall be in accordance with N.J.A.C. 5:80-26.5, as may be amended
and supplemented, and each restricted ownership unit shall remain
subject to the requirements of this section until Woodland Park elects
to release the unit from such requirements; however, and prior to
such an election, a restricted ownership unit must remain subject
to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented,
for at least 30 years.
b.
The affordability control period for a
restricted ownership unit shall commence on the date the initial certified
household takes title to the unit.
c.
Prior to the issuance of the initial certificate
of occupancy for a restricted ownership unit and upon each successive
sale during the period of restricted ownership, the administrative
agent shall determine the restricted price for the unit and shall
also determine the nonrestricted, fair market value of the unit based
on either an appraisal or the unit's equalized assessed value.
d.
At the time of the first sale of the unit,
the purchaser shall execute and deliver to the administrative agent
a recapture note obligating the purchaser (as well as the purchaser's
heirs, successors and assigns) to repay, upon the first nonexempt
sale after the unit's release from the requirements of this section,
an amount equal to the difference between the unit's nonrestricted
fair market value and its restricted price, and the recapture note
shall be secured by a recapture lien evidenced by a duly recorded
mortgage on the unit.
e.
The affordability controls set forth in
this section shall remain in effect despite the entry and enforcement
of any judgment of foreclosure with respect to restricted ownership
units.
f.
A restricted ownership unit shall be required
to obtain a continuing certificate of occupancy or a certified statement
from the Construction Official stating that the unit meets all code
standards upon the first transfer of title that follows the expiration
of the applicable minimum control period provided under N.J.A.C. 5:80-26.5(a),
as may be amended and supplemented.
Price restrictions for restricted
ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as
may be amended and supplemented, including:
a.
The initial purchase price for a restricted
ownership unit shall be approved by the administrative agent.
b.
The administrative agent shall approve
all resale prices, in writing and in advance of the resale, to assure
compliance with the foregoing standards.
c.
The method used to determine the condominium
association fee amounts and special assessments shall be indistinguishable
between the low- and moderate-income unit owners and the market unit
owners.
d.
The owners of restricted ownership units
may apply to the administrative agent to increase the maximum sales
price for the unit on the basis of capital improvements. Eligible
capital improvements shall be those that render the unit suitable
for a larger household or the addition of a bathroom.
a.
Buyer income eligibility for restricted
ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as
may be amended and supplemented, such that low-income ownership units
shall be reserved for households with a gross household income less
than or equal to 50% of median income and moderate-income ownership
units shall be reserved for households with a gross household income
less than 80% of median income.
b.
The administrative agent shall certify
a household as eligible for a restricted ownership unit when the household
is a low-income household or a moderate-income household, as applicable
to the unit, and the estimated monthly housing cost for the particular
unit (including principal, interest, taxes, homeowners' and private
mortgage insurance and condominium or homeowners' association fees,
as applicable) does not exceed 33% of the household's certified monthly
income.
a.
Prior to incurring any indebtedness to
be secured by a restricted ownership unit, the administrative agent
shall determine, in writing, that the proposed indebtedness complies
with the provisions of this section.
b.
With the exception of original purchase
money mortgages, during a control period neither an owner nor a lender
shall at any time cause or permit the total indebtedness secured by
a restricted ownership unit to exceed 95% of the maximum allowable
resale price of that unit, as such price is determined by the administrative
agent in accordance with N.J.A.C. 5:80-26.6(b).
a.
Control periods for restricted rental units
shall be in accordance with N.J.A.C. 5:80-26.11, as may be amended
and supplemented, and each restricted rental unit shall remain subject
to the requirements of this section until Woodland Park elects to
release the unit from such requirements pursuant to action taken in
compliance with N.J.A.C. 5:80-26.1, as may be amended and supplemented;
and prior to such an election, a restricted rental unit must remain
subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended
and supplemented, for at least 30 years.
b.
Deeds of all real property that include
restricted rental units shall contain deed restriction language. The
deed restriction shall have priority over all mortgages on the property,
and the deed restriction shall be filed by the developer or seller
with the records office of the County of Passaic. A copy of the filed
document shall be provided to the administrative agent within 30 days
of the receipt of a certificate of occupancy.
c.
A restricted rental unit shall remain subject
to the affordability controls of this section, despite the occurrence
of any of the following events:
a.
A written lease shall be required for all
restricted rental units, except for units in an assisted living residence,
and tenants shall be responsible for security deposits and the full
amount of the rent as stated on the lease. A copy of the current lease
for each restricted rental unit shall be provided to the administrative
agent.
b.
No additional fees or charges shall be
added to the approved rent (except, in the case of units in an assisted
living residence, to cover the customary charges for food and services)
without the express written approval of the administrative agent.
c.
Application fees (including the charge
for any credit check) shall not exceed 5% of the monthly rent of the
applicable restricted unit and shall be payable to the administrative
agent to be applied to the costs of administering the controls applicable
to the unit as set forth in this section.
a.
Tenant income eligibility shall be in accordance
with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and
shall be determined as follows:
1.
Very-low-income rental units shall be reserved
for households with a gross household income less than or equal to
30% of median income.
2.
Low-income rental units shall be reserved
for households with a gross household income less than or equal to
50% of median income.
3.
Moderate-income rental units shall be reserved
for households with a gross household income less than 80% of median
income.
b.
The administrative agent shall certify
a household as eligible for a restricted rental unit when the household
is a very-low-income household, low-income household or a moderate-income
household, as applicable to the unit, and the rent proposed for the
unit does not exceed 35% (40% for age-restricted units) of the household's
eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16,
as may be amended and supplemented; provided, however, that this limit
may be exceeded if one or more of the following circumstances exists:
1.
The household currently pays more than
35% (40% for households eligible for age-restricted units) of its
gross household income for rent, and the proposed rent will reduce
its housing costs;
2.
The household has consistently paid more
than 35% (40% for households eligible for age-restricted units) of
eligible monthly income for rent in the past and has proven its ability
to pay;
3.
The household is currently in substandard
or overcrowded living conditions;
4.
The household documents the existence of
assets with which the household proposes to supplement the rent payments;
or
5.
The household documents proposed third-party
assistance from an outside source, such as a family member, in a form
acceptable to the administrative agent and the owner of the unit.
c.
The applicant shall file documentation
sufficient to establish the existence of the circumstances in Subsection
b1 through 5 above with the administrative agent, who shall counsel
the household on budgeting.
a.
The position of Municipal Housing Liaison
(MHL) for Woodland Park is established by this section. The Council
shall make the actual appointment of the MHL by means of a resolution.
1.
The MHL must be either a full-time or part-time
employee of the Borough of Woodland Park.
2.
The person appointed as the MHL must be
reported to the court, COAH, or a successor entity.
3.
The MHL must meet all the court, COAH,
or a successor entity's requirements for qualifications, including
initial and periodic training.
4.
The Municipal Housing Liaison shall be
responsible for oversight and administration of the Affordable Housing
Program for Woodland Park, including the following responsibilities,
which may not be contracted out to the administrative agent:
(a)
Serving as the municipality's primary
point of contact for all inquiries from the state, affordable housing
providers, administrative agents and interested households.
(b)
The implementation of the Affirmative
Marketing Plan and affordability controls.
(c)
When applicable, supervising any
contracting administrative agent.
(d)
Monitoring the status of all restricted
units in Woodland Park's Fair Share Plan.
(e)
Compiling, verifying and submitting
annual reports as required by the court, COAH, or a successor entity.
(f)
Coordinating meetings with affordable
housing providers and administrative agents, as applicable.
(g)
Attending continuing education opportunities
on affordability controls, compliance monitoring and affirmative marketing
as offered or approved by the court, COAH, or a successor entity.
b.
Woodland Park shall designate by resolution
of the Council, subject to the approval of the court, COAH, or a successor
entity, one or more administrative agents to administer newly constructed
affordable units in accordance with UHAC.
c.
An operating manual shall be provided by
the administrative agent(s) to be adopted by resolution of the governing
body and subject to approval of the court, COAH, or a successor entity.
The operating manuals shall be available for public inspection in
the office of the Municipal Clerk and in the office(s) of the administrative
agent(s).
d.
The administrative agent shall perform
the duties and responsibilities of an administrative agent as are
set forth in UHAC and which are described in full detail in the operating
manual, including those set forth in N.J.A.C. 5:80-26.14, 5:80-26.16
and 5:80-26.18 thereof, which includes:
1.
Attending continuing education opportunities
on affordability controls, compliance monitoring, and affirmative
marketing as offered or approved by the court, COAH, or a successor
entity;
2.
Affirmative marketing;
3.
Household certification;
4.
Affordability controls;
5.
Records retention;
6.
Resale and rerental;
7.
Processing requests from unit owners; and
8.
Enforcement, though the ultimate responsibility
for retaining controls on the units rests with the municipality.
e.
The administrative agent shall have authority
to take all actions necessary and appropriate to carry out its responsibilities
hereunder.
a.
Upon the occurrence of a breach of any
of the regulations governing the affordable unit by an owner, developer
or tenant, the municipality shall have all remedies provided at law
or equity, including, but not limited to, foreclosure, tenant eviction,
municipal fines, a requirement for household recertification, acceleration
of all sums due under a mortgage, recoupment of any funds from a sale
in violation of the regulations, injunctive relief to prevent further
violation of the regulations, entry on the premises, and specific
performance.
b.
After providing written notice of a violation
to an owner, developer or tenant of a low- or moderate-income unit
and advising the owner, developer or tenant of the penalties for such
violations, the municipality may take the following action against
the owner, developer or tenant for any violation that remains uncured
for a period of 60 days after service of the written notice:
1.
The municipality may file a court action
pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations,
of the regulations governing the affordable housing unit. If the owner,
developer or tenant is found by the court to have violated any provision
of the regulations governing affordable housing units, the owner,
developer or tenant shall be subject to one or more of the following
penalties, at the discretion of the court:
(a)
A fine of not more than $1,000 or
imprisonment for a period not to exceed 90 days, or both. Each and
every day that the violation continues or exists shall be considered
a separate and specific violation of these provisions and not as a
continuing offense.
(b)
In the case of an owner who has rented
his or her low- or moderate-income unit in violation of the regulations
governing affordable housing units, payment into the Woodland Park
Affordable Housing Trust Fund of the gross amount of rent illegally
collected.
(c)
In the case of an owner who has rented
his or her low- or moderate-income unit in violation of the regulations
governing affordable housing units, payment of an innocent tenant's
reasonable relocation costs, as determined by the court.
2.
The municipality may file a court action
in the Superior Court seeking a judgment, which would result in the
termination of the owner's equity or other interest in the unit, in
the nature of a mortgage foreclosure. Any judgment shall be enforceable
as if the same were a judgment of default of the first purchase money
mortgage and shall constitute a lien against the low- and moderate-income
unit.
c.
Such judgment shall be enforceable, at
the option of the municipality, by means of an execution sale by the
Sheriff, at which time the low- and moderate-income unit of the violating
owner shall be sold at a sale price which is not less than the amount
necessary to fully satisfy and pay off any first purchase money mortgage
and prior liens and the costs of the enforcement proceedings incurred
by the municipality, including attorneys' fees. The violating owner
shall have the right to possession terminated as well as the title
conveyed pursuant to the Sheriff's sale.
d.
The proceeds of the Sheriff's sale shall
first be applied to satisfy the first purchase money mortgage lien
and any prior liens upon the low- and moderate-income unit. The excess,
if any, shall be applied to reimburse the municipality for any and
all costs and expenses incurred in connection with either the court
action resulting in the judgment of violation or the Sheriff's sale.
In the event that the proceeds from the Sheriff's sale are insufficient
to reimburse the municipality in full as aforesaid, the violating
owner shall be personally responsible for and to the extent of such
deficiency, in addition to any and all costs incurred by the municipality
in connection with collecting such deficiency. In the event that a
surplus remains after satisfying all of the above, such surplus, if
any, shall be placed in escrow by the municipality for the owner and
shall be held in such escrow for a maximum period of two years or
until such earlier time as the owner shall make a claim with the municipality
for such. Failure of the owner to claim such balance within the two-year
period shall automatically result in a forfeiture of such balance
to the municipality. Any interest accrued or earned on such balance
while being held in escrow shall belong to and shall be paid to the
municipality, whether such balance shall be paid to the owner or forfeited
to the municipality.
e.
Foreclosure by the municipality due to
violation of the regulations governing affordable housing units shall
not extinguish the restrictions of the regulations governing affordable
housing units as the same apply to the low- and moderate-income unit.
Title shall be conveyed to the purchaser at the Sheriff's sale, subject
to the restrictions and provisions of the regulations governing the
affordable housing unit. The owner determined to be in violation of
the provisions of this plan and from whom title and possession were
taken by means of the Sheriff's sale shall not be entitled to any
right of redemption.
f.
If there are no bidders at the Sheriff's
sale, or if insufficient amounts are bid to satisfy the first purchase
money mortgage and any prior liens, the municipality may acquire title
to the low- and moderate-income unit by satisfying the first purchase
money mortgage and any prior liens and crediting the violating owner
with an amount equal to the difference between the first purchase
money mortgage and any prior liens and costs of the enforcement proceedings,
including legal fees, and the maximum resale price for which the low-
and moderate-income unit could have been sold under the terms of the
regulations governing affordable housing units. This excess shall
be treated in the same manner as the excess which would have been
realized from an actual sale as previously described.
g.
Failure of the low- and moderate-income
unit to be either sold at the Sheriff's sale or acquired by the municipality
shall obligate the owner to accept an offer to purchase from any qualified
purchaser which may be referred to the owner by the municipality,
with such offer to purchase being equal to the maximum resale price
of the low- and moderate-income unit as permitted by the regulations
governing affordable housing units.
h.
The owner shall remain fully obligated,
responsible and liable for complying with the terms and restrictions
governing affordable housing units until such time as title is conveyed
from the owner.
Appeals from all decisions of an
administrative agent designated pursuant to this section shall be
filed in writing with the court, COAH, or a successor entity, whomever
has jurisdiction.
[Adopted 12-18-2019 by Ord. No. 19-18[1]]
[1]
Editor's Note: This ordinance superseded former
§ 34-1, Development Fees Under COAH's Regulations, adopted by
Ord. No. 08-17.
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's)
adoption of rules.
b.
Pursuant to P.L. 2008, c. 46, Section 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), 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-, court-, or a successor entity-approved
spending plan may retain fees collected from nonresidential development.
c.
This section establishes standards for
the collection, maintenance, and expenditure of development fees pursuant
to COAH, the court, or a successor entity's regulations and in accordance
P.L. 2008, c. 46, Sections 8 and 32-38. 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 N.J.A.C. 5:93-8.
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 100% affordable development.
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. 5:93-8.10 through 5:93-8.11.
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 Sections 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 district(s), residential developers,
except for developers of the types of development specifically exempted
below, shall pay a fee of 1 1/2% 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.
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 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. The
fee percentage shall be vested on the date that the building permit
is issued.
3.
Owner-occupied residential structures demolished
and replaced as a result of a fire, flood, or 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 1/2% 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 1/2% 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 1/2% 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 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 2
1/2% development fee, unless otherwise exempted below.
2.
The 2 1/2% fee shall not apply to an increase
in equalized assessed value resulting from alterations, change in
use within 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 the 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 as 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 for 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 subsection within 45 days
of the termination of the property tax exemption. Unpaid nonresidential
development fees under these circumstances may be enforceable by the
Borough of Woodland Park as a lien against the real property of the
owner.
[1]
It should be noted that, pursuant to P.L.
2009, c. 90, and P.L. 2011, c. 122, the nonresidential statewide development
fee of 2.5% for nonresidential development is suspended for all nonresidential
projects that received preliminary or final site plan approval subsequent
to July 17, 2008, until July 1, 2013, provided that a permit for the
construction of the building has been issued prior to January 1, 2015.
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 the 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 Woodland Park 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).
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 Borough of
Woodland Park. 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 Woodland Park. 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 Treasurer 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 Woodland Park's Affordable Housing Program.
c.
All interest accrued in the Housing Trust
Fund shall only be used on eligible affordable housing activities
approved by COAH, the court, or a successor entity.
a.
The expenditure of all funds shall conform
to a spending plan approved by COAH, the court, or a successor entity.
Funds deposited in the Housing Trust Fund may be used for any activity
approved by COAH, the court, or a successor entity to address Woodland
Park'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. 5:93-8.16 and
specified in the approved spending plan.
b.
Funds shall not be expended to reimburse
Woodland Park 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
downpayment assistance, security deposit assistance, low-interest
loans, rental 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 constructing affordable
units on site and funds from the sale of units with extinguished controls
shall be exempt from the affordability assistance requirement.
d.
Woodland Park 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. 5:93-8.20.
e.
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, the court, or
a successor entity'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.
a.
Woodland Park shall complete and return
to COAH, the court, or a successor entity 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 Borough of Woodland Park's housing
program, as well as to the expenditure of revenues and implementation
of the plan approved by the court. All monitoring reports shall be
completed on forms designed by COAH, the court, or a successor entity.
a.
The ability for Woodland Park to impose,
collect and expend development fees shall expire with its substantive
certification or judgment of compliance, unless Woodland Park has
filed an adopted Housing Element and Fair Share Plan with COAH, the
court, or a successor entity, has petitioned for substantive certification,
and has received COAH, the court, or a successor entity's approval
of its Development Fee Ordinance. If Woodland Park fails to renew
its ability to impose and collect development fees prior to the expiration
of substantive certification or judgment of compliance, 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). Woodland Park 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 Woodland
Park retroactively impose a development fee on such a development.
Woodland Park shall not expend development fees after the expiration
of its substantive certification or judgment of compliance.
