[Ord. #97-1060, § 17-217.1]
Each development project containing lower income housing shall
include in its application, assurances that purchasers and renters
of lower income housing shall be required to qualify by income for
the low or moderate income dwelling unit they intend to occupy and
that subsequent purchasers or renters shall also qualify by income,
adjusted for the date of the subsequent transaction.
[Ord. #97-1060, § 17-217.2]
In order to ensure that both low and moderate income units are affordable to a range of households within each household size, the maximum average rent and price of low and moderate income units within each inclusionary development shall be affordable to households earning 57.5% of median income and the number of people in the household shall be limited to the criteria set for the number of bedrooms in each unit as set forth in section 17-92d.
a.
For-Sale Dwelling Unit. Moderate income sales units within each inclusionary
development shall be available for at least three different prices
and low income sales units shall be available for at least two different
prices. The monthly cost of housing shall include mortgage (principal
and interest), property taxes, insurance and homeowners' or condominium
association fees. These costs shall not exceed 28% of the household's
eligible gross monthly income.
b.
For-Rent Dwelling Unit. The monthly cost of housing shall include
rent and an allowance for utilities consistent with the utility allowance
approved by HUD for use in New Jersey. These costs shall not exceed
30% of the monthly gross income of the household size.
c.
Homeowners' Association Fees. The payment of condominium or homeowners'
association fees and special assessments by low and moderate income
purchasers shall be 50% of the level paid by market purchasers.
[Ord. #97-1060, § 17-217.3]
a.
The period for controlling the qualifying income of initial purchasers
and renters, and for controlling subsequent sales prices and rent
levels of a unit, shall be 30 years (40 years for nonprofit and limited-profit
housing developments) from the date of the initial certificate of
occupancy for the unit as upon issuance by the municipal construction
official. For rehabilitated units, the period for controlling sales
prices shall be six years and, for rental units, shall be 10 years.
b.
The owner/operator of any developments containing rental units shall submit an annual report to the affordable housing committee (AHC) certifying that all lower income units are being rented at monthly costs consistent with subsection 17-217.2b above. Enforcement and penalties shall be as set forth in subsection 17-218.9 of the township's municipal code.
[Ord. #97-1060, § 17-217.4]
No lower income housing unit shall, during this thirty-year
or forty-year period, as required, be occupied unless a certificate
of eligibility is issued by the AHC. A certificate of eligibility
shall not be issued unless (i) the unit has been inspected and approved
for occupancy by the township health department, and (ii) the unit
is covered by a deed or lease that contains a covenant running to
the developer and the township that specifies the following:
a.
That the office of the township administrator shall be notified before
the sale, or change in tenant in the case of renter-occupied units,
of each lower income unit;
b.
That each subsequent purchaser or tenant shall certify that the gross household income is within the then qualifying low or moderate income limits, as applicable, and the certification shall be submitted to the AHC in accordance with subsection 17-218.6 below;
c.
That the monthly cost of purchasing or renting, as the case may be, the lower income housing unit shall not exceed the affordability criteria set forth in subsection 17-217.2 above;
d.
The maximum qualifying income of a household shall be as set forth
in the most recent publication titled "Eligible Income by County"
published by NJ COAH or, absent such publication within the last two
years, then the most recent United States Department of Housing and
Urban Development "Family Income Limits." Each household shall document
the "gross household income" to verify the household's eligibility.
The AHC shall certify the "gross household income" to verify the household's
eligibility. The AHC shall certify the "gross household income" for
a period not to exceed 120 days based on the requirements of N.J.A.C.
5:93-9.1.
e.
In the case of a for sale unit, that a purchaser shall be entitled to sell the unit for a maximum resale price as set forth in subsection 17-218.6 below;
f.
In the case of a rental unit, units offered for rental shall continue to be offered as affordable rental units for at least the period required in subsection 17-217.3, above, and thereafter may be sold at prices affordable to moderate income households subject to the resale price controls set forth in subsection 17-218.6 below.
g.
In the case of a rental unit, that every occupant of a lower income rental unit shall, on or before April 15, file an annual statement of income and expense of occupancy for the household for the previous year with the owner/operator of the rental units, who shall in turn certify to the AHC that the units are being rented at monthly rents meeting the affordability criteria set forth in subsection 17-217.2.
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Failure of a developer to comply with these requirements shall
be cause for denial of certificates of occupancy for market-level
units in the developments which have not already been issued. In the
case of a resale or rerental, failure to comply with these requirements
shall be cause for the denial of a certificate of eligibility for
the unit to be sold or rerented.
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[Ord. #97-1060, § 17-217.5]
Selection procedures and priorities for purchase and/or occupancy of low and moderate income housing units shall be as established in subsection 17-218.6 below and shall be monitored by the AHC.
[Ord. #97-1060, § 17-217.6]
a.
Applicability. The Township of Hopewell has a twelve-year cumulative
fair share obligation to the year 1999 of 564 units of which 293 is
new construction. This ordinance shall apply to all developments that
contain proposed low and moderate income units that are listed below
and any future developments that may occur:
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Brandon Farms (138 Units)
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Pennington Pointe (5 units)
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Trafalgar (150 units)
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b.
Purpose. The affirmative marketing plan is a regional marketing strategy
designed to attract buyers and/or renters of all majority and minority
groups, regardless of sex, age and number of children, to housing
units which are being marketed by a developer/sponsor, municipality
and/or designated administrative agency of affordable housing. The
plan shall address the requirements of N.J.A.C.5:93-11. In addition,
the plan prohibits discrimination in the sale, rental, financing or
other services related to housing on the basis of race, color, sex,
religion, handicap, age, familial status/size, or national origin.
The Township of Hopewell is in the housing region consisting of Mercer,
Monmouth and Ocean Counties. The affirmative marketing program is
a continuing program and shall meet the following requirements:
c.
Regional Advertising. All newspaper articles, announcements, and
requests for applications for low and moderate income units shall
appear in the following daily and regional newspapers/publications.
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Trenton Times
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Asbury Park Press
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Ocean County Observer
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The primary marketing shall take the form of at least one press
release sent to the above publications and a paid display advertisement
in each of the above newspapers. Additional advertising and publicity
shall be on an "as needed" basis.
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The advertisement shall include a description of the street
address of the units; directions to the housing units; number of bedrooms
per unit; range of prices/rents; size of units; income information;
and location of applications including business hours and where/how
applications may be obtained.
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d.
Neighborhood Advertising. All newspaper articles, announcements,
and requests for applications for low and moderate income housing
shall appear in the following neighborhood oriented weekly newspapers,
religious publications, and organizational newsletters within the
region:
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Hopewell Valley News
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Princeton Packet
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Church Newsletters
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e.
Radio/TV Advertising. The following regional radio and/or cable television
stations shall be used:
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Local Cable TV Access Channel
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WHWH
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WTTM
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f.
Location of Applications and Information. The following is the location
of the applications brochure(s), sign(s), and/or poster(s) used as
part of the affirmative marketing program including specific employment
centers within the region:
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Hopewell Township Municipal Building
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Pennington Branch of the Mercer County Library
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Sales Offices of Brandon Farms, Pennington Pointe
& Trafalgar
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Janssen Pharmaceutical
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Educational Testing Service
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Mobil Oil
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g.
Community Contacts. The following is a listing of counties that will
aid in the affirmative marketing program with particular emphasis
on contacts that will reach out to groups that are at least likely
to apply for housing within the region:
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Mercer County
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Monmouth County
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Ocean County
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h.
Data to County Boards of Realtors. Quarterly flyers and applications
shall be sent the Boards of Realtors in Mercer, Monmouth and Ocean
Counties for publication in their journals and for circulation among
their members. Applications shall be mailed to prospective applicants
upon request.
i.
Data to Social Agencies. Additionally, quarterly informational circulars
and applications shall be sent to the chief administrative employees
of each of the following agencies in the counties within Mercer, Monmouth
and Ocean Counties.
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Welfare or Social Service Board
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Rental Assistance Office (local D.C.A. office)
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Office on Aging
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Housing Agency or Authority
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County Library
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Area Community Action Agencies
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j.
Random Selection of Households. The random selection of occupants of low and moderate income housing will be done by the township's AHC as set forth in subsection 17-218.6.
k.
Administrative Agency. The Affordable Housing Management Service
(hereafter "AHMS") is the agency under contract with Hopewell Township
to administer the affirmative marketing program. AHMS has the responsibility
to income-qualify low and moderate income households; to place income-eligible
households in low and moderate income units upon initial occupancy;
to provide for the initial occupancy of low and moderate income units
with income-qualified households; to continue to qualify households
for reoccupancy of units as they become vacant during the period of
affordability controls; to assist with advertising and outreach to
low and moderate income households; and to enforce the terms and the
deed restrictions and mortgage loan as per N.J.A.C. 5:93-9.1. The
Hopewell Township Administrator is the designated housing officer
to act as liaison to AHMS. AHMS shall provide counseling services
to low and moderate income applicants on subjects such as budgeting,
credit issues, mortgage qualification, rental lease requirements,
and landlord/tenant law. The following service providers have agreed
to perform the above services:
l.
Priority for Households in the Housing Region. Households who live
and work in the Mercer, Monmouth and Ocean Counties housing region
may be given preference for sales and rental units constructed within
that housing region. Applicants living outside the housing region
shall have an equal opportunity for units after regional applicants
have been initially serviced. The township intends to comply with
N.J.A.C. 5:93-11.7.
m.
Developer Participation. All developers of low and moderate income
housing units shall be required to assist in the marketing of the
affordable units in their respective developments.
n.
Initiation and Continuance of Marketing Plan. The marketing program
shall commence at least 120 days before the issuance of either temporary
or permanent certificates of occupancy. The marketing program shall
continue until all low and moderate income housing units are initially
occupied and for as long as affordable units are deed restricted and
occupancy or reoccupancy of units continues to be necessary.
o.
Monitoring Reports to COAH. AHMS shall comply with the monitoring
and reporting requirements as per N.J.A.C. 5:93-11.6 and 12.1.
[Ord. #02-1246, § 1; Ord. #07-1420; Ord. #19-1708]
This program has been established in an effort to maintain the
affordability of deed-restricted affordable units in the Township.
Homeowners living in deed restricted affordable units who may be in
arrears with their mortgage and/or association fees may apply for
the homeowner affordability assistance program, funded by developer
fees and payable from the Township housing trust fund for very-low,
low- and moderate-income homeowners.
a.
Qualification and eligibility for this program:
1.
Any very-low, low- or moderate-income households, as defined in this
Chapter, living in a deed restricted affordable ownership housing
unit in the Township, paying as part of their shelter costs mortgage
or homeowners' association fees (collectively defined as "shelter
costs"), who are in arrears are eligible to apply for the program.
2.
On the application provided by the Township for homeowner affordability
assistance, the Township or its agent will determine whether or not
the household is spending more than 30% of its gross income for shelter
costs. This program is not available to households spending less than
30% of their gross income for shelter costs.
3.
If the shelter costs, by paying off the arrearages or repairs, would
allow the household to spend between 30% and 40% of gross income on
shelter costs, then the household may request affordability assistance
in the form of a deferred loan to assist the homeowner in becoming
current with their shelter expenses.
4.
The eligible household shall submit to the office of the municipal
housing liaison income and expense information concerning the household's
shelter costs in a form provided by the Township. The Township will
evaluate the request for the above-referenced loan for a maximum amount
not to exceed $5,000.
5.
After review and approval by the Township, and subject to the availability
of funding through the Township's affordable housing program for this
form of affordability assistance, the Township may approve a loan
to assist with the payment of the shelter costs. Approval shall only
be granted to applicants who demonstrate to the reasonable satisfaction
of the Township that there is a very high likelihood that with the
receipt of the affordability assistance provided herein that the applicant
will be able to stay current with their shelter costs in the future.
If denied, a written determination of why the funding assistance has
been denied will be provided by the Township or its agent. This determination
shall be final and non-appealable.
b.
Loans for all properties participating in the homeowner affordability
assistance program shall be secured through a mortgage and mortgage
note executed by the property owner in favor of the Township of Hopewell.
The Township shall pay the required recording fees.
c.
The homeowner affordability assistance program is a deferred payment
loan, with the loan amount (and no interest) to be repaid either upon
the sale of the unit (if less than five years) or it is forgiven upon
the expiration of five years from the date of the execution of the
mortgage, whichever comes first. Recapture of assistance funds provided
herein will occur if the property is sold within five years of the
date of the loan. If the affordable unit is sold during the five-year
recapture period, 20% of the funds are forgiven for each full year
after the loan closing. In such cases, the Township shall receive
a pro rata portion of the assistance amount from the Borrower, which
amount shall be deposited in the Township's housing trust fund.
d.
Further, approval of any loan shall also be subject to certification
by the Chief Financial Officer that funds are available for this form
of affordability assistance.
e.
At no time will any individuals/households be allowed to receive
funding approval under any of the local affordability assistance programs
more than once in a five-year time frame.
[Ord. #97-1060, § 17-218.1]
In conjunction with its efforts to meet its lower income housing
obligations, the township hereby creates the Affordable Housing Committee
of Hopewell Township (AHC) to monitor the long-term compliance of
the township's lower income housing obligation within housing developments
containing low/moderate income housing. The committee's responsibilities
will be to: establish tenanting/sale policies for use by developers/owners
in sale, rental, resale and rerental of low/moderate income units;
establish and enact additional rules and procedures in accordance
with the provisions of this section to assure that low and moderate
income units constructed in Hopewell Township remain available to
such families for a minimum thirty- or forty-year period, as required.
[Ord. #97-1060, § 17-218.2; Ord. #04-1308]
a.
The AHC shall consist of seven members, all of whom shall be appointed
by the township committee and one of whom shall be a member of the
township committee. One of the remaining six members shall be an occupant
of a low/moderate income unit and shall be appointed within one year
of issuance of a certificate of occupancy for such units. The township
administrator and treasurer shall be ex-officio members of the AHC.
b.
The township committee may appoint alternate members.
c.
Attendance by four members or alternates shall constitute a quorum.
Passage of any motion requires an affirmative vote by a majority of
members present.
d.
The initial term of office of the AHC shall be two members for one
year and two members for two years to be designated when making the
appointment. The terms of office shall thereafter be two years with
reappointment at the pleasure of the township committee. The term
of the township committee member shall be one year. The appointments
shall be made in such a manner so that the terms of approximately
one-half of the members shall expire each year.
e.
The AHC shall elect a chairman and a vice-chairman from among its
members, neither of whom shall be the township committee member. Their
terms of office shall be one year and they shall be eligible for reelection.
The committee may also elect a secretary, who need not be a member
of the committee, and it may create and fill such other offices as
it shall determine.
f.
The AHC shall submit annual budget requests and monthly financial
statements to the township. The township committee may employ or assign
at the request of the AHC such personnel or experts and other staff
the AHC deems necessary, provided such obligations do not exceed the
township budgetary allocation available to the AHC for such use.
[Ord. #97-1060, § 17-218.3]
The township committee may remove any member of the AHC for
cause on written charges served upon the member and after a hearing
thereon, at which time the member shall be entitled to be heard either
in person or by counsel. A vacancy in the committee occurring otherwise
than by expiration of the term shall be filled for the unexpired term
in the same manner as an original appointment.
[Ord. #97-1060, § 17-218.4]
a.
The AHC is hereby granted and shall have and exercise, in addition
to other powers herein granted, all the powers necessary and appropriate
to carry out and execute the purposes of this section, including but
not limited to the following:
1.
To prepare and forward to the Hopewell Township Committee such rules
and regulations as it deems necessary or appropriate to implement
the purposes of this section. Such rules and procedures shall not
become effective until approval by the township committee. However,
if the township committee fails to act within 60 days, the rules shall
become effective.
2.
To supply information to developers and families of low or moderate
income to help them comply with the provisions of this section.
3.
To hold hearings upon due notice and adjudicate applications of individuals
or households who believe themselves to be households of low or moderate
income.
4.
To research and review requests from the New Jersey Mortgage Finance
Agency and any other Federal, State, county or local agencies regarding
funding or applications for funding.
5.
To make recommendations to the township committee for a spending
plan indicating existing funds and estimated future revenues, and
setting forth proposed expenditures for how the township's Lower Income
Housing Fund should be spent and to propose priorities for such expenditures.
6.
To develop and monitor programs for rehabilitation of existing substandard
units, including criteria for identifying substandard structures occupied
by lower income households and recommendations for rehabilitation
loans and/or grants to qualifying households.
b.
In matters involving a hearing, the AHC shall give 10 days' written
notice to all parties involved, and shall give all interested persons
an opportunity to be heard.
[Ord. #97-1060, § 17-218.5]
As used in this section:
Shall mean the affordable housing committee created by Ordinance
No. 706-86.
Shall mean the total household income from all sources of
all members of the household age 18 and older with verification as
set forth in N.J.A.C. 5:93-9.1.
Shall mean dwelling units limited to occupancy by low and
moderate income households.
[Ord. #93-948; Ord. #97-1060, § 17-218.6]
The following procedures and priorities for dwelling unit initial
sales, resales, initial rentals and rerentals shall be monitored by
the AHC:
a.
Selection Procedures. The AHC shall establish a listing of qualified
low and moderate income households and persons based on the categories
below; the first such listing shall be compiled within 45 days of
notification by a developer that low and/or moderate income units
will be available for occupancy approximately six months thereafter.
This listing, along with any such similar listing conforming to the
selection categories set forth below as may be compiled by a developer
and submitted to the AHC, shall form the basis of an initial pool
or prospective purchasers or renters of the developer's initial sale/rental
program.
Thereafter, at least quarterly, the AHC shall provide an updated
list, recertifying categories of those households on the list which
are likely to be reached in the coming year and who have not obtained
a housing unit, and making appropriate adjustments for households
whose status may have changed since the last certification. Those
applicants wishing resale units only shall be so indicated. Prior
to selling any unit, the owner shall contact the AHC for determination
as to income eligibility of the prospective buyer and compliance with
AHC rules and regulations.
b.
Income Eligibility. Certification of the gross household income of
listed households shall be accomplished by the developer/owner in
the case of initial sales rentals/rerentals and by the AHC in the
case of resales as follows:
1.
Initial Sale/Rental and Subsequent Rerentals. The developer/owner
shall certify to the AHC that each prospective purchaser/renter meets
the selection categories and is income qualified. A developer/owner
shall submit a certification folder on each applicant with appropriate
documentation as to income and eligibility according to the selection
categories. Documentation of household income shall comply with N.J.A.C.
5:93-9.1(b)2.
2.
Resales. The AHC shall establish household income eligibility based
on information to be submitted by a prospective purchaser corresponding
to the documentation required under paragraph b1 above.
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A letter certifying income eligibility shall be issued for a
period of 120 days. Said letter, or a notice of ineligibility, shall
be issued by the AHC within 30 days of the receipt of a complete application.
A finding of ineligibility may cause the township to seek a rescission
of the sale/rental as provided for in paragraph c3 below.
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c.
Sale and Resale, Rental and Rerental Price Standards.
1.
Units initially sold or rented as low or moderate income shall remain so at resale or rerental. A developer of sale or rental units shall provide the AHC with a listing, by unit type and size, of the maximum selling price of the low and/or moderate income units. If a rental unit is involved, a maximum rental price by unit type and size shall be provided. These sale, resale, rental or rerental levels shall not exceed affordability criteria established in subsection 17-217.2 above. In addition, an owner shall consult the AHC for the names of eligible buyers who might be listed in one of the priority categories prior to entering into a contract to sell a unit.
2.
Maximum resale price shall equal the sum of the following:
(a)
Price of unit paid by owner increased by 75% of the increase
in the CPI-housing component only, for the Philadelphia region, which
shall be measured from the first day of July preceding the year of
purchase to the first day of July preceding the year of sale;
(b)
Cost of reasonable permanent improvements for which a prior
approval from the committee has been issued. Declaration value shall
be based on actual documentation of labor and materials at the time
of installation or a reasonable estimate by the owner of the value
of the improvements, subject to the verification of building permit
data regarding the construction value of the improvements;
(c)
Cost of sale which includes realty transfer fee, attorneys'
fees, and brokers' fees. The committee shall from time to time establish
fee charge guidelines as to allowable charges so as not to jeopardize
the affordability of the sale unit to a low or moderate income household.
3.
Initial sale, resale, rental and rerental price restrictions including
township remedies for noncompliance shall be provided for in deed
restrictions subject to the township's attorney review and will not
be regulated by the AHC. However, any conveyance to an ineligible
person or sale/rental price established in excess of the restrictions
at the time of occupancy is subject to rescission by the township.
Any township costs and legal fees in obtaining rescission are to be
borne by the seller or unit owner in the case of rental units.
4.
In the event initial sale, resale, rental or rerental cannot be concluded
after diligent marketing efforts within an established time period,
then the variation of eligible household incomes as provided for in
paragraph e below shall be operable subject to the requirements stipulated
therein.
5.
All rental units sold after the expiration of the required period
of affordability may continue to be rented, but at market-level rates,
or may be sold as moderate income, owner-occupied units with an additional
twenty-year period of affordability consistent with all the requirements
of this chapter.
d.
Variation of Eligible Household Income Standards.
1.
In the event a developer of lower income units, after documented
diligent marketing efforts, cannot enter into a contract of sale or
rental agreement of initially constructed units within a sixty-day
period after receipt of a certificate of occupancy for the lower income
unit, the AHC shall permit the unit to be sold to households whose
income exceeds the eligibility range as follows: Low income units
may be sold or rented to households of moderate income; moderate income
units may be sold or rented to households with incomes up to but not
exceeding 120% of the median income as defined herein. Any units permitted
to be sold to households whose income exceeds the eligibility ranges
shall remain subject to continued maximum resale price or rerental
restrictions as set forth elsewhere in this section.
2.
If within 90 days after notification to the AHC that a rental unit
has become vacant, and owner/operator of the rental unit is unable
to enter into a lease agreement with a qualified tenant from a list
of potential tenants provided by the AHC or through its own efforts,
then the AHC shall permit the rerental of the unit as outlined in
paragraph e1 above, subject to continued rental restrictions as set
forth elsewhere in this section.
3.
If within 90 days of notification to the AHC of an intent to sell,
an owner of a lower income unit has not become contractually obligated
to sell the unit to a qualified buyer from a list of potential buyers
provided to it by the AHC or through the owners' broker or through
the owners' efforts, then the affordable housing committee shall permit
the resale of the unit as outlined in paragraph e1 above, subject
to continued price restrictions as set forth elsewhere in this section.
e.
Restriction on Use. Low and moderate income units shall be sold or
rented only to income-eligible low and moderate income households.
All low and moderate income units shall comply with the Federal housing
authority maximum occupancy standards for the number of people per
dwelling unit size. Such units shall be the primary residence of the
occupant(s). Purchasers or tenants may lease or sublet such units
only to income-qualified households, at rent levels not exceeding
those established for the unit, and only after approval by the AHC.
f.
Program Reports. Developers/owners of low and moderate income units
initially marketed for sale or rental, as well as developers/owners
of rerental units, shall submit quarterly reports to the AHC identifying
the units sold, rented or rerented. These reports shall begin at the
end of the first calendar quarters following initial occupancy, continuing
to final completion of the project in the case of sale projects, or
for the duration of income controls in the case of rental projects.
These reports shall list by unit type and address the number of units
sold or rented.
[Ord. #97-1060, § 17-218.7]
The AHC shall promptly establish written regulations dealing
with foreclosure proceedings, extent of price controls continuation
and distribution of funds from a foreclosure sale, subject to approval
by the township committee.
[Ord. #97-1060, § 17-218.8]
All developers of projects containing low and moderate income dwelling units shall be required to pay an initial registration fee at the time of issuance of a certificate of eligibility, in accordance with Chapter 10 of the Revised General Ordinances of the Township of Hopewell.
Upon resale or rerental of such units, an additional fee shall be paid at the time of issuance of certificate of eligibility, in accordance with Chapter 10 of the Revised General Ordinances of the Township of Hopewell:
Such fees shall be as set forth in Chapter 10 of the Revised General Ordinances of the Township of Hopewell and those collected shall be maintained in an escrow account by the township and expended only in the exercise of the AHC's monitoring responsibilities and duties outlined herein.
[Ord. #706-86, § 1; Ord. #93-948; Ord. #97-1060,
§ 17-218.9]
a.
Developers seeking final approval for projects containing low and moderate income dwelling units shall provide an affordable housing plan for their project that provides necessary declaration of covenants and restrictions, which shall be reviewed by the township attorney, including provisions to assure the initial sale or rental as well as subsequent resales and rerentals of dwelling units in accordance with the requirements of this section and section 17-92 of the township's land use and development ordinance. The affordable housing plan shall be subject to the approval of the planning board.
b.
Developers seeking final approval shall also provide a written affirmative marketing plan indicating how initial sale, rental and rerental units will be marketed within the procedures and priorities established for such units herein in accordance with subsection 17-217.6 of the township's land use and development ordinance.
c.
In the event an applicant or developer fails to construct and sell
or rent his required low and moderate income housing units in accordance
with the provision of his approved affordable housing plan, the final
plat approval, and this section, he shall be subject to a revocation
of his development permit and cessation of issuances of certificates
of occupancy until the development is brought into compliance. Revocation
of such permits shall be preceded by written notice establishing a
thirty-day time period within which such noncompliance may be corrected.
[Ord. #04-1307, § 1]
An accessory apartment as defined hereinbelow is being authorized
for the purpose of providing additional opportunities for low and
moderate income housing within the Township of Hopewell.
[Ord. #04-1307, § 1]
Is a self-contained, residential unit with a kitchen, sanitary
facilities, sleeping quarters and a private entrance which is created
to be occupied by a low- or moderate-income household. The accessory
apartment may be created within an existing dwelling unit, may be
created within an existing structure on a lot or be in addition to
an existing home or accessory building.
[Ord. #04-1307, § 1]
The following additional conditions shall apply to accessory
apartments:
a.
Accessory apartments, as defined hereinabove, shall be permitted
within all zoning districts within the Township of Hopewell except
the R-5 and R-6 districts and provided further that the lot upon which
the accessory apartment shall be created meets all zoning requirements
for said zone unless a variance is obtained from the appropriate Township
Land Use Board; and
b.
Accessory apartments shall comply with all applicable statutes and
regulations of the State of New Jersey in addition to all local building
and health codes; and
c.
Accessory apartments shall be rented only to a household which is
either a low or moderate income household at the time of the initial
occupancy of the unit as defined by the Hopewell Township Affordable
Housing Program; and
d.
The accessory apartment shall, for a period of at least 10 years
from the date of the issuance of a certificate of occupancy for said
apartment, be rented only to low- or moderate-income households; and
e.
Rents of accessory apartments shall be affordable to low- or moderate-income
households as per the substantive regulations of the New Jersey Council
on Affordable Housing (COAH) and shall include a utility allowance;
and
f.
No more than 10 accessory apartments shall be utilized to address
the Hopewell Township Fair Share Obligation unless this 10 unit cap
is changed or waived by COAH; and
g.
There shall be a recorded deed or dedication of covenants and restrictions
applied to the property upon which the accessory apartment is located
running with the land and limiting its subsequent rental or sale within
the requirements of paragraphs c and d above; and
h.
Each accessory apartment shall have a gross floor area of at least
350 square feet, but shall not exceed more than three bedrooms of
living space, or 1,200 square feet, or 25% of the floor area of the
dwelling, whichever is greater, and shall have cooking facilities,
a kitchen sink and a complete sanitary facility for the exclusive
use of the occupants; and
i.
The accessory apartment shall have a separate door with direct access
to the outdoors; and
j.
The accessory apartment shall have a potable water supply and a sanitary
disposal system for the accessory apartment which shall be reviewed
and approved by the township health officer; and
k.
The accessory apartment shall be affirmatively marketed to the housing
region wherein the Township of Hopewell is located; and
l.
In the case of an accessory apartment created illegally or without
proper permits which the property owner desires to legitimize as an
accessory apartment under this section, all of the requirements of
this section in addition to meeting COAH criteria shall apply and
the subsidy provided for hereinbelow may be made available by the
township to said owner; and
m.
At least one off-street parking space per bedroom or a maximum of
two spaces shall be provided for each apartment.
[Ord. #04-1307, § 1]
The Township of Hopewell shall designate an administrative entity
to administer the accessory apartment program. Said administration
shall include advertising, income qualification of perspective renters,
setting rents and annual rental increases, maintaining a waiting list,
distributing the subsidy provided for hereinbelow, securing certificates
of occupancy, qualifying properties, handling application forms, filing
deed restrictions and monitoring reports and affirmatively marketing
the accessory apartment program. The administrative agency so designated
to administer this accessory apartment program shall only deny an
application for an accessory apartment if the project is not in conformance
with the COAH substantive requirements, the municipal zoning ordinance
or this section. All denials shall be in writing with the reasons
clearly set forth. In accordance with the COAH requirements, the Township
of Hopewell shall provide at least $10,000 to subsidize the physical
creation of an accessory apartment conforming to the requirements
of this section and the COAH requirements. Prior to the grant of such
subsidy, the property owner shall enter into a written agreement with
the township ensuring that (i) the subsidy shall be used to create
the accessory apartment and (ii) the apartment shall meet the requirements
of this section and COAH regulations.
[Ord. #04-1307, § 1]
All applicants wishing to create accessory apartments shall
submit to the Township of Hopewell: (a) a sketch of the floor plans
showing the locations, size, relationship of both the accessory apartment
and the primary dwelling within the building or in another structure;
and (b) rough elevations showing the modification of any exterior
building facade to which changes are proposed and (c) a site development
sketch showing the location of the existing dwelling and other existing
buildings; all property lines; proposed addition, if any, along with
the minimum building setback lines; the required parking spaces for
both dwelling units and any man-made conditions which might affect
construction.
[Ord. #04-1307, § 1]
In order to encourage the creation of accessory apartments,
the Township of Hopewell shall waive all building permit and construction
fees, except the State mandated training fees for an accessory apartment
application.
[Ord. #06-1375]
The purpose of this section is to create the administrative
mechanisms needed for the execution of the Township of Hopewell's
responsibility to assist in the provision of affordable housing pursuant
to the Fair Housing Act of 1985.
[Ord. #06-1375]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean the entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
the Township of Hopewell to ensure that the restricted units under
administration are affirmatively marketed and sold or rented, as applicable,
only to low- and moderate-income households.
Shall mean the employee charged by the governing body with
the responsibility for oversight and administration of the affordable
housing program for the Township of Hopewell.
[Ord. #06-1375]
a.
Establishment of Position of Municipal Housing Liaison. There is
hereby established the position of municipal housing liaison for the
Township of Hopewell.
b.
Subject to the approval of the Council on Affordable Housing (COAH),
the municipal housing liaison shall be appointed by the township committee
and may be a full or part-time municipal employee.
c.
The municipal housing liaison shall be responsible for oversight
and administration of the affordable housing program for the Township
of Hopewell, including the following responsibilities which may not
be contracted out:
1.
Serving as Hopewell Township's primary point of contact for inquiries
from the State, affordable housing providers, administrative agents,
and interested households;
2.
Monitoring the status of all restricted units in the Township of
Hopewell's Fair Share Plan;
3.
Compiling, verifying, and submitting annual reporting as required
by COAH;
4.
Coordinating meetings with affordable housing providers and administrative
agents, as applicable;
5.
Attending continuing education programs as may be required by COAH;
6.
If applicable, serving as the administrative agent for some or all
of the restricted units in Hopewell Township as described in paragraph
f below.
d.
Subject to approval by COAH, the Township of Hopewell may contract
with or authorize a consultant, authority, government or any agency
charged by the governing body, which entity shall have the responsibility
of administering the affordable housing program of the Township of
Hopewell. If Hopewell Township contracts with another entity to administer
all or any part of the affordable housing program, including the affordability
controls and affirmative marketing plan, the municipal housing liaison
shall supervise the contracting administrative agent.
e.
Compensation. Compensation shall be fixed by the township committee
at the time of the appointment of the municipal housing liaison.
f.
Administrative Powers and Duties Assigned to the Municipal Housing
Liaison.
1.
Affirmative Marketing.
(a)
Conducting an outreach process to insure affirmative marketing
of affordable housing units in accordance with the affirmative marketing
plan of the Township of Hopewell and the provisions of N.J.A.C. 5:80-26.15.
2.
Household Certification.
(a)
Soliciting, scheduling, conducting and following up on interviews
with interested households;
(b)
Conducting interviews and obtaining sufficient documentation
of gross income and assets upon which to base a determination of income
eligibility for a low- or moderate-income unit;
(c)
Providing written notification to each applicant as to the determination
of eligibility or ineligibility;
(d)
Requiring that all certified applicants for restricted units
execute a certificate substantially in the form, as applicable, of
either the ownership or rental certificates set forth in Appendices
J and K of N.J.A.C. 5:80-26.1 et seq.;
(e)
Creating and maintaining a referral list of eligible applicant
households living in the housing region and eligible applicant households
with members working in the housing region where the units are located;
and
(f)
Employing the random selection process as provided in the affirmative
marketing plan of the Township of Hopewell when referring households
for certification to affordable units.
3.
Affordability Controls.
(a)
Furnishing to attorneys or closing agents forms of deed restrictions
and mortgages for recording at the time of conveyance of title of
each restricted unit;
(b)
Creating and maintaining a file on each restricted unit for
its control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate;
(c)
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the appropriate
county's register of deeds or county clerk's office after the termination
of the affordability controls for each restricted unit;
(d)
Communicating with lenders regarding foreclosures; and
(e)
Ensuring the issuance of continuing certificates of occupancy
or certifications pursuant to N.J.A.C. 5:80-26.10.
4.
Resale and Rental.
(a)
Instituting and maintaining an effective means of communicating
information between owners and the administrative agent regarding
the availability of restricted units for resale or rental; and
(b)
Instituting and maintaining an effective means of communicating
information to low- and moderate-income households regarding the availability
of restricted units for resale or re-rental.
5.
Communicating with Unit Owners.
(a)
Reviewing and approving requests from owners of restricted units
who wish to take out home equity loans or refinance during the term
of their ownership;
(b)
Reviewing and approving requests to increase sales prices from
owners of restricted units who wish to make capital improvements to
the units that would affect the selling price, such authorizations
to be limited to those improvements resulting in additional bedrooms
or bathrooms and the cost of central air conditioning systems; and
(c)
Processing requests and making determinations on requests by
owners of restricted units for hardship waivers.
6.
Enforcement.
(a)
Ensure that all restricted units are identified as affordable
within the tax assessor's office and any municipal utility authority
(MUA) and upon notification to the administrative agent of change
in billing address, payment delinquency of two consecutive billing
cycles, transfer of title, or institution of a writ of foreclosure
on all affordable units, notifying all such owners that they must
either move back to their unit or sell it;
(b)
Securing from all developers and sponsors of restricted units,
at the earliest point of contract in the processing of the project
or development, written acknowledgement of the requirement that no
restricted unit can be offered, or in any other way committed, to
any person, other than a household duly certified to the unit by the
administrative agent;
(c)
The posting annually in all rental properties, including two-family
homes, of a notice as to the maximum permitted rent together with
the telephone number of the administrative agent where complaints
of excess rent can be made;
(d)
Sending annual mailings to all owners of affordable dwelling
units, reminding them of the notices and requirements outlined in
N.J.A.C. 5:80-26.18(d)4;
(e)
Establishing a program for diverting unlawful rent payments
to the municipality's affordable housing trust fund or other appropriate
municipal fund approved by the DCA;
(f)
Establishing a rent-to-equity program;
(g)
Creating and publishing a written operating manual, as approved
by COAH, setting forth procedures for administering such affordability
controls; and
(h)
Providing annual reports to COAH as required.
7.
The administrative agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
[Ord. #07-1409]
The purpose of this section of the Code is to facilitate enforcement
of the provisions of the Hopewell Township Affordable Housing Program
as well as to enforce the requirement of the New Jersey Fair Housing
Act, N.J.S.A. 52:27D-301 et seq., the New Jersey Council on Affordable
Housing ("COAH") Substantive and Procedural Rules as they appeal at
N.J.A.C. 5:94-1 et seq. and N.J.A.C. 5:95-1 et seq. and the New Jersey
Housing Mortgage Finance Agency Uniform Housing Affordability Controls
appearing at N.J.A.C. 5:80-26.1 et seq.
[Ord. #07-1409]
Any person or entity who violates any terms, conditions or requirements of the Hopewell Township Affordable Housing Program as set forth in this Article, as amended from time to time; violates any of the terms, conditions or requirements of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq., as may be amended from time to time; violates any of the terms, conditions or requirements of the Substantive and Procedural Rules of the New Jersey Council on Affordable Housing ("COAH") which appear at N.J.A.C. 5:94-1 et seq. and N.J.A.C. 5:95-1 et seq., as amended from time to time or violates the Uniform Housing Affordability Controls, terms, conditions or requirements as issued by the New Jersey Housing and Mortgage Finance Agency appearing at N.J.A.C. 5:80-26.1 et seq., as amended from time to time shall be subject to punishment in accordance with the general penalty provisions of this Code as they appear in Section 3-1 et seq.
