[Added 9-14-2020 by Ord.
No. 2020-1389]
The Township of Branchburg shall comply with the following monitoring
and reporting requirements regarding the status of the implementation
of its Court-approved Housing Element and Fair Share Plan:
A. Beginning on September 24, 2020, and on every anniversary of that
date through July 1, 2025, the Township agrees to provide annual reporting
of its Affordable Housing Trust Fund activity to the New Jersey Department
of Community Affairs, Committee on Affordable Housing, or Local Government
Services, or other entity designated by the State of New Jersey, with
a copy provided to Fair Share Housing Center (FSHC) and posted on
the municipal website, using forms developed for this purpose by the
New Jersey Department of Community Affairs (NJDCA), Committee on Affordable
Housing (COAH), or Local Government Services (NJLGS). The reporting
shall include an accounting of all Affordable Housing Trust Fund activity,
including the source and amount of funds collected and the amount
and purpose for which any funds have been expended.
B. Beginning on September 24, 2020, and on every anniversary of that
date through July 27, 2025, the Township agrees to provide annual
reporting of the status of all affordable housing activity within
the municipality through posting on the municipal website with a copy
of such posting provided to Fair Share Housing Center, using forms
previously developed for this purpose by COAH or any other forms endorsed
by the Special Master and FSHC.
C. By July 1, 2020, as required pursuant to N.J.S.A. 52:27D-313, the
Township will post on its municipal website, with a copy provided
to FSHC, a status report as to its implementation of its Plan and
an analysis of whether any unbuilt sites or unfulfilled mechanisms
continue to present a realistic opportunity and whether any mechanisms
to meet unmet need should be revised or supplemented. Such posting
shall invite any interested party to submit comments to the municipality,
with a copy to FSHC, regarding whether any sites no longer present
a realistic opportunity and should be replaced and whether any mechanisms
to meet unmet need should be revised or supplemented. Any interested
party may by motion request a hearing before the Court regarding these
issues.
D. By October 24, 2022, and every third year thereafter, as required
by N.J.S.A. 52:27D-329.1, the Township will post on its municipal
website, with a copy provided to FSHC, a status report as to its satisfaction
of its very low income requirements, including its family very low
income requirements. Such posting shall invite any interested party
to submit comments to the municipality and FSHC on the issue of whether
the municipality has complied with its very low income and family
very low-income housing obligations.
[Added 9-14-2020 by Ord.
No. 2020-1389]
The following terms when used in this Ordinance shall have the
meanings given in this Section:
ACT
Means the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.)
ADAPTABLE
Means constructed in compliance with the technical design
standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
ADMINISTRATIVE AGENT
Means the entity designated by the Township to administer
affordable units in accordance with this Ordinance, N.J.A.C. 5:93,
and UHAC (N.J.A.C. 5:80-26).
AFFIRMATIVE MARKETING
Means a regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
AFFORDABILITY AVERAGE
Means the average percentage of median income at which new
restricted units in an affordable housing development are affordable
to low- and moderate-income households.
AFFORDABLE
Means, a sales price or rent level that is within the means
of a low- or moderate-income household as defined within N.J.A.C.
5:93-7.4, and, in the case of an ownership unit, that the sales price
for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6,
as may be amended and supplemented, and, in the case of a rental unit,
that the rent for the unit conforms to the standards set forth in
N.J.A.C. 5:80-26.12, as may be amended and supplemented.
AFFORDABLE HOUSING DEVELOPMENT
Means a development included in or approved pursuant to the
Housing Element and Fair Share Plan or otherwise intended to address
the Township's fair share obligation, and includes, but is not limited
to, an inclusionary development, a municipal construction project
or a 100 percent affordable housing development.
AFFORDABLE HOUSING PROGRAM(S)
Means any mechanism in a municipal Fair Share Plan prepared
or implemented to address a municipality's fair share obligation.
AFFORDABLE UNIT
Means a housing unit proposed or created pursuant to the
Act and approved for crediting by the Court and/or funded through
an affordable housing trust fund.
AGE-RESTRICTED UNIT
Means a housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: 1) all the residents of the development wherein the unit
is situated are 62 years of age or older; or 2) at least 80 percent
of the units are occupied by one person who is 55 years of age or
older; or 3) the development has been designated by the Secretary
of the U.S. Department of Housing and Urban Development as "housing
for older persons" as defined in Section 807(b)(2) of the Fair Housing
Act, 42 U.S.C. § 3607.
AGENCY
Means the New Jersey Housing and Mortgage Finance Agency
established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).
ALTERNATIVE LIVING ARRANGEMENT
Means a structure in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. Alternative living arrangements include, but are not limited
to: transitional facilities for the homeless; Class A, B, C, D and
E boarding homes as regulated by the State of New Jersey Department
of Community Affairs; residential health care facilities as regulated
by the New Jersey Department of Health; group homes for the developmentally
disabled and mentally ill as licensed and/or regulated by the New
Jersey Department of Human Services; and congregate living arrangements.
ASSISTED LIVING RESIDENCE
Means a facility that is licensed by the New Jersey Department
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.
CERTIFIED HOUSEHOLD
Means a household that has been certified by an Administrative
Agent as a low-income household or moderate-income household.
COAH
Means the Committee on Affordable Housing, as established
by the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301, et seq.).
DCA
Means the State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT
Means a housing unit with health and safety code violations
that requires 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.
DEVELOPER
Means any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
included in a proposed development including the holder of an option
to contract to purchase, or other person having an enforceable proprietary
interest in such land.
DEVELOPMENT
Means 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.
INCLUSIONARY DEVELOPMENT
Means a development containing both affordable units and
market rate units. This term includes, but is not limited to: new
construction, the conversion of a non-residential structure to residential
use and the creation of new affordable units through the gut rehabilitation
or reconstruction of a vacant residential structure.
LOW-INCOME HOUSEHOLD
Means a household with a total gross annual household income
equal to 50 percent or less of the regional median household income
by household size.
LOW-INCOME UNIT
Means a restricted unit that is affordable to a low-income
household.
MAJOR SYSTEM
Means 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 and load bearing structural
systems.
MARKET-RATE UNITS
Means housing not restricted to low- and moderate-income
households that may sell or rent at any price.
MEDIAN INCOME
Means the median income by household size for the applicable
housing region, as adopted annually by COAH or a successor entity
approved by the Court.
MODERATE-INCOME HOUSEHOLD
Means a household with a total gross annual household income
in excess of 50 percent but less than 80 percent of the regional median
household income by household size.
NON-EXEMPT SALE
Means 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.
RANDOM SELECTION PROCESS
Means 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).
REGIONAL ASSET LIMIT
Means the maximum housing value in each housing region affordable
to a four-person household with an income at 80 percent of the regional
median as defined by duly adopted Regional Income Limits published
annually by COAH or a successor entity.
REHABILITATION
Means the repair, renovation, alteration or reconstruction
of any building or structure, pursuant to the Rehabilitation Subcode,
N.J.A.C. 5:23-6.
RENT
Means 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.
RESTRICTED UNIT
Means a dwelling unit, whether a rental unit or an ownership
unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as amended and supplemented, but does not include a market-rate unit
financed under UHORP or MONI.
UHAC
Means the Uniform Housing Affordability Controls set forth
in N.J.A.C. 5:80-26, et seq.
VERY LOW-INCOME HOUSEHOLD
Means a household with a total gross annual household income
equal to 30 percent or less of the regional median household income
by household size.
WEATHERIZATION
Means 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 purposes of a rehabilitation
program.
[Added 9-14-2020 by Ord.
No. 2020-1389]
A. The provisions of this Ordinance shall apply to all affordable housing
developments and affordable housing units that currently exist and
that are proposed to be created within the Township of Branchburg
pursuant to the Township's most recently adopted Housing Element and
Fair Share Plan.
B. Moreover, this Ordinance shall 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 and including any developments funded with low-income housing
tax credits.
C. For inclusionary projects in which the low and moderate units are
to be offered for sale, the appropriate set-aside percentage is 20
percent; for projects in which the low- and moderate-income units
are to be offered for rent, the appropriate set-aside percentage is
15 percent.
[Added 9-14-2020 by Ord.
No. 2020-1389]
A. The administration of an alternative living arrangement shall be
in compliance with N.J.A.C. 5:93-5.8 and UHAC, with the following
exceptions:
1. Affirmative marketing (N.J.A.C. 5:80-26.15), provided, however, that
the units or bedrooms may be affirmatively marketed by the provider
in accordance with an alternative plan approved by the Court;
2. Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).
B. With the exception of units established with capital funding through
a 20-year operating contract with the Department of Human Services,
Division of Developmental Disabilities, alternative living arrangements
shall have at least 30-year controls on affordability in accordance
with UHAC, unless an alternative commitment is approved by the Court.
C. The service provider for the alternative living arrangement shall
act as the Administrative Agent for the purposes of administering
the affirmative marketing and affordability requirements for the alternative
living arrangement.
[Added 9-14-2020 by Ord.
No. 2020-1389]
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
|
[Added 9-14-2020 by Ord.
No. 2020-1389]
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.
At least 13 percent of all restricted rental units within each bedroom
distribution shall be very low-income units (affordable to a household
earning 30 percent or less of regional median income by household
size). The very low-income units shall be counted as part of the required
number of low-income units within the development.
2. In each affordable development, at least 50 percent of the restricted
units within each bedroom distribution shall be very low or 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 percent of the total low- and moderate-income
units;
(b)
At least 30 percent of all low- and moderate-income units shall
be two-bedroom units;
(c)
At least 20 percent 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.
This 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 and the following:
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;
and
(b)
An adaptable kitchen on the first floor; and
(c)
An interior accessible route of travel on the first floor; and
(d)
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
(e)
If not all of the foregoing requirements in b.1) through b.4)
can be satisfied, then an interior accessible route of travel must
be provided between stories within an individual unit, but if all
of the terms of paragraphs b.1) through b.4) above have been satisfied,
then an interior accessible route of travel shall not be required
between stories within an individual unit; 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 Branchburg has collected funds from the developer
sufficient to make 10 percent 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 Township of Branchburg's Affordable Housing
Trust Fund sufficient to install accessible entrances in 10 percent
of the affordable units that have been constructed with adaptable
entrances.
(3) The funds deposited under paragraph 6)b) above
shall be used by the Township of Branchburg for the sole purpose of
making the adaptable entrance of an 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 to the Construction Official of the
Township of Branchburg for the conversion of adaptable to accessible
entrances.
(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 Township's Affordable Housing Trust Fund in care
of the Township Treasurer who shall ensure that the funds are deposited
into the Affordable Housing Trust Fund and appropriately earmarked.
(g)
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. Design:
1. In inclusionary developments, to the extent possible, low- and moderate-income
units shall be integrated with the market units.
2. In inclusionary developments, low- and moderate-income units shall
have access to all of the same common elements and facilities as the
market units.
D. 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, utilizing the most recently published regional weighted average
of the uncapped Section 8 income limits published by HUD and the calculation
procedures as approved by the Court.
(a)
Regional income limits shall be established for the region that
the Township is located within based on the median income by household
size, which shall be established by a regional weighted average of
the uncapped Section 8 income limits published by HUD. To compute
this regional income limit, the HUD determination of median county
income for a family of four is multiplied by the estimated households
within the county according to the most recent decennial Census. The
resulting product for each county within the housing region is summed.
The sum is divided by the estimated total households from the most
recent decennial Census in the Township's housing region. This quotient
represents the regional weighted average of median income for a household
of four. The income limit for a moderate-income unit for a household
of four shall be 80 percent of the regional weighted average median
income for a family of four. The income limit for a low-income unit
for a household of four shall be 50 percent of the HUD determination
of the regional weighted average median income for a family of four.
The income limit for a very low-income unit for a household of four
shall be 30 percent of the regional weighted average median income
for a family of four. These income limits shall be adjusted by household
size based on multipliers used by HUD to adjust median income by household
size. In no event shall the income limits be less than those for the
previous year.
(b)
The income limits are the result of applying the percentages
set forth in paragraph (1) above to HUD's determination of median
income for the fiscal year 2020, and shall be utilized until the Township
updates the income limits after HUD has published revised determinations
of median income for the next fiscal year.
(c)
The Regional Asset Limit used in determining an applicant's
eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)(3)
shall be calculated by the Township annually by taking the percentage
increase of the income limits calculated pursuant to paragraph (1)
above over the previous year's income limits, and applying the same
percentage increase to the Regional Asset Limit from the prior year.
In no event shall the Regional Asset Limit be less than that for the
previous year.
(d)
In establishing sale prices and rents of affordable housing
units, the Township's administrative agent shall follow the procedures
set forth in UHAC, utilizing the regional income limits established
pursuant to the process defined above:
(1) The resale prices 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 determined pursuant
to the above methodology. In no event shall the maximum resale price
established by the administrative agent be lower than the last recorded
purchase price.
(2) The rent levels of very-low-, low- and moderate-income
units may be increased annually based on the percentage increase in
the Housing Consumer Price Index for the Northeast Urban Area, upon
its publication for the prior calendar year. This increase shall not
exceed nine percent 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.
2. The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60 percent of median income, and the average rent for restricted rental
units shall be affordable to households earning no more than 52 percent
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, provided that at least 13 percent of all
low- and moderate-income rental units shall be affordable to very
low-income households, which very low-income units shall be part of
the low-income requirement.
4. The maximum sales price of restricted ownership units within each
affordable development shall be affordable to households earning no
more than 70 percent of median income, and each affordable development
must achieve an affordability average of 55 percent for restricted
ownership units; in achieving this affordability average, moderate-income
ownership units must be available for at least three different sales
prices for each bedroom type, and low-income ownership units must
be available for at least two different sales prices for each bedroom
type.
5. In determining the initial sales prices and rent levels for compliance
with the affordability average requirements for restricted units other
than assisted living facilities and age-restricted developments, 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 sales prices and rents for compliance
with the affordability average requirements for restricted units in
assisted living facilities and age-restricted developments, 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; and
(c)
A two-bedroom unit shall be affordable to a two-person household
or to two one-person households.
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 percent
of the purchase price and the Federal Reserve H. 15 rate of interest),
taxes, homeowner and private mortgage insurance and condominium or
homeowner association fees do not exceed 28 percent 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 percent of the eligible monthly income of the
appropriate size household, including an allowance for tenant paid
utilities, 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 rents of very low-, low- and moderate-income units may be
increased annually based on the permitted percentage increase in the
Housing Consumer Price Index for the Northeast Urban Area. This increase
shall not exceed nine percent in any one year. Rent increases for
units constructed pursuant to low- income housing tax credit regulations
shall be indexed pursuant to the regulations governing low- income
housing tax credits.
[Added 9-14-2020 by Ord.
No. 2020-1389]
A. Affordable units shall utilize the same type of heating source as
market units within an inclusionary development.
B. Tenant-paid utilities included in the utility allowance shall be
set forth in the lease and shall be consistent with the utility allowance
approved by HUD for the Section 8 program.
[Added 9-14-2020 by Ord.
No. 2020-1389]
In referring certified households to specific restricted units,
the Administrative Agent shall, to the extent feasible and without
causing an undue delay in the occupancy of a unit, strive to:
A. Provide an occupant for each bedroom;
B. Provide children of different sexes with separate bedrooms;
C. Provide separate bedrooms for parents and children; and
D. Prevent more than two persons from occupying a single bedroom.
[Added 9-14-2020 by Ord.
No. 2020-1389]
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 Ordinance for a period of at least thirty (30) years, until
Branchburg takes action to release the unit from such requirements;
prior to such action, 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.
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 non-restricted,
fair market value of the unit based on either an appraisal or the
unit's equalized assessed value without the restrictions in place.
D. At the time of the initial sale of the unit, the initial 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 non-exempt sale after the unit's
release from the restrictions set forth in this Ordinance, an amount
equal to the difference between the unit's non-restricted 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 Ordinance 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 following the removal of the restrictions provided
under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
[Added 9-14-2020 by Ord.
No. 2020-1389]
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 master deeds of inclusionary developments shall provide no distinction
between the condominium or homeowner association fees and special
assessments paid by low- and moderate-income purchasers and those
paid by market purchasers.
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 anticipated capital improvements. Eligible capital improvements
shall be those that render the unit suitable for a larger household
or the addition of a bathroom. See Section 13.
[Added 9-14-2020 by Ord.
No. 2020-1389]
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 percent of
median income and moderate-income ownership units shall be reserved
for households with a gross household income less than 80 percent
of median income.
B. Notwithstanding the foregoing, the Administrative Agent may, upon
approval by the Township Committee, and subject to the Court's approval,
permit a moderate-income purchaser to buy a low-income unit if and
only if the Administrative Agent can demonstrate that there is an
insufficient number of eligible low-income purchasers in the housing
region to permit prompt occupancy of the unit and all other reasonable
efforts to attract a low income purchaser, including pricing and financing
incentives, have failed. Any such low-income unit that is sold to
a moderate-income household shall retain the required pricing and
pricing restrictions for a low-income unit.
C. A certified household that purchases a restricted ownership unit
must occupy it as the certified household's principal residence and
shall not lease the unit; provided, however, that the Administrative
Agent may permit the owner of a restricted ownership unit, upon application
and a showing of hardship, to lease the restricted unit to another
certified household for a period not to exceed one year.
D. 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, homeowner and private mortgage insurance
and condominium or homeowner association fees, as applicable) does
not exceed 33 percent of the household's eligible monthly income.
E. Notwithstanding the foregoing, the Administrative Agent may, upon
approval by the Township Committee, and subject to Court's approval,
permit a moderate-income purchaser to buy a low-income unit if and
only if the Administrative Agent can demonstrate that there is an
insufficient number of eligible low-income purchasers in the housing
region to permit prompt occupancy of the unit and all other reasonable
efforts to attract a low income purchaser, including pricing and financing
incentives, have failed. Any such low-income unit that is sold to
a moderate-income household shall retain the required pricing and
pricing restrictions for a low-income unit.
F. A certified household that purchases a restricted ownership unit
must occupy it as a certified household's principal residence and
shall not lease the unit; provided, however, that the Administrative
Agent may permit the owner of a restricted ownership unit, upon application
and a showing of a hardship, to lease the restricted unit to another
certified household for a period not to exceed one year. Violations
of this provision shall be subject to the applicable enforcement provisions
of Section 20 of this Ordinance.
[Added 9-14-2020 by Ord.
No. 2020-1389]
A. Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the owner shall apply to the Administrative Agent
for a determination in writing that the proposed indebtedness complies
with the provisions of this Section, and the Administrative Agent
shall issue such determination prior to the owner incurring such indebtedness.
B. With the exception of First Purchase Money Mortgages, 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 percent of the
maximum allowable resale price of the unit, as such price is determined
by the Administrative Agent in accordance with N.J.A.C. 5:80-26.6(b).
[Added 9-14-2020 by Ord.
No. 2020-1389]
A. 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 made since the purchase of the unit. Eligible
capital improvements shall be those that render the unit suitable
for a larger household or that add an additional bathroom. In no event
shall the maximum sales price of an improved housing unit exceed the
limits of affordability for the larger household.
B. Upon the resale of a restricted ownership unit, all items of property
that are permanently affixed to the unit or were included when the
unit was initially restricted (for example, refrigerator, range, washer,
dryer, dishwasher, wall-to-wall carpeting) shall be included in the
maximum allowable resale price. Other items may be sold to the purchaser
at a reasonable price that has been approved by the Administrative
Agent at the time of the signing of the agreement to purchase. The
purchase of central air conditioning installed subsequent to the initial
sale of the unit and not included in the base price may be made a
condition of the unit resale provided the price, which shall be subject
to 10-year, straight-line depreciation, has been approved by the Administrative
Agent. Unless otherwise approved by the Administrative Agent, the
purchase of any property other than central air conditioning shall
not be made a condition of the unit resale. The owner and the purchaser
must personally certify at the time of closing that no unapproved
transfer of funds for the purpose of selling and receiving property
has taken place at the time of or as a condition of resale.
[Added 9-14-2020 by Ord.
No. 2020-1389]
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 Ordinance for a period of at least 30 years, until Branchburg
takes action to release the unit from such requirements. Prior to
such action, 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.
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 Branchburg. 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 Ordinance despite the occurrence of any of the following
events:
1.
Sublease or assignment of the lease of the unit;
2.
Sale or other voluntary transfer of the ownership of the unit;
or
3.
The entry and enforcement of any judgment of foreclosure on
the property containing the unit.
[Added 9-14-2020 by Ord.
No. 2020-1389]
A. A written lease shall be required for all restricted rental units
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 five percent 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 Ordinance.
D. No rent control ordinance or other pricing restriction shall be applicable
to either the market units or the affordable units in any development
in which at least 15% of the total number of dwelling units are restricted
rental units in compliance with this Ordinance.
[Added 9-14-2020 by Ord.
No. 2020-1389]
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 percent of
the regional median household income by household size.
2.
Low-income rental units shall be reserved for households with
a gross household income less than or equal to 50 percent of the regional
median household income by household size.
3.
Moderate-income rental units shall be reserved for households
with a gross household income less than 80 percent of the regional
median household income by household size.
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
percent (40 percent 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 percent (40 percent
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 percent (40
percent 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 reliable anticipated 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 1.a. through 2.e. above with the
Administrative Agent, who shall counsel the household on budgeting.
[Added 9-14-2020 by Ord.
No. 2020-1389]
A. The Township of Branchburg shall appoint a specific municipal employee
to serve as a Municipal Housing Liaison responsible for overseeing
the Township's affordable housing program, including overseeing the
administration of affordability controls on the affordable units and
the affirmative marketing of available affordable units in accordance
with the Township's Affirmative Marketing Plan; fulfilling monitoring
and reporting requirements; and supervising Administrative Agent(s).
Branchburg shall adopt an Ordinance creating the position of Municipal
Housing Liaison and a Resolution appointing the person to fulfill
the position of Municipal Housing Liaison. The Municipal Housing Liaison
shall be appointed by the governing body and may be a full or part
time municipal employee. The Municipal Housing Liaison shall be approved
by the Court and shall be duly qualified through a training program
sponsored by Affordable Housing Professionals of New Jersey before
assuming the duties of Municipal Housing Liaison.
B. The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for Branchburg,
including the following responsibilities which may not be contracted
out to the Administrative Agent:
1.
Serving as Branchburg's primary point of contact for all inquiries
from the State, affordable housing providers, Administrative Agents
and interested households;
2.
Monitoring the status of all restricted units in Branchburg's
Fair Share Plan;
3.
Compiling, verifying, submitting and posting all monitoring
reports as required by the Court and by this Ordinance;
4.
Coordinating meetings with affordable housing providers and
Administrative Agents, as needed; and
5.
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing at least
annually and more often as needed.
C. Subject to the approval of the Court, the Township of Branchburg
shall designate one or more Administrative Agent(s) to administer
and to affirmatively market the affordable units constructed in the
Township in accordance with UHAC and this Ordinance. An Operating
Manual for each affordable housing program shall be provided by the
Administrative Agent(s) to be adopted by resolution of the governing
body and subject to approval of the Court. The Operating Manual(s)
shall be available for public inspection in the office of the Township
Clerk, in the office of the Municipal Housing Liaison, and in the
office(s) of the Administrative Agent(s). The Municipal Housing Liaison
shall supervise the work of the Administrative Agent(s).
[Added 9-14-2020 by Ord.
No. 2020-1389]
An Administrative Agent shall be an independent entity serving
under contract to and reporting to the municipality. The fees of the
Administrative Agent shall be paid by the owners of the affordable
units for which the services of the Administrative Agent are required.
The Administrative Agent shall perform the duties and responsibilities
of an Administrative Agent as set forth in UHAC, including those set
forth in Sections 5:80-26.14, 16 and 18 thereof, which includes:
A. Affirmative Marketing:
1.
Conducting an outreach process to affirmatively market affordable
housing units in accordance with the Affirmative Marketing Plan of
the Township of Branchburg and the provisions of N.J.A.C. 5:80-26.15;
and
2.
Providing counseling or contracting to 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.
B. Household Certification:
1.
Soliciting, scheduling, conducting and following up on interviews
with interested households;
2.
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;
3.
Providing written notification to each applicant as to the determination
of eligibility or non-eligibility;
4.
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.;
5.
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;
6.
Employing a random selection process as provided in the Affirmative
Marketing Plan of the Township of Branchburg when referring households
for certification to affordable units; and
7.
Notifying the following entities of the availability of affordable
housing units in the Township of Branchburg: Fair Share Housing Center,
the New Jersey State Conference of the NAACP, the Latino Action Network,
NORWESCAP, the Central Jersey Housing Resource Center, and the Supportive
Housing Association.
C. Affordability Controls:
1.
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;
2.
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;
3.
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the Somerset
County Register of Deeds or Somerset County Clerk's office after the
termination of the affordability controls for each restricted unit;
4.
Communicating with lenders regarding foreclosures; and
5.
Ensuring the issuance of Continuing Certificates of Occupancy
or certifications pursuant to N.J.A.C. 5:80-26.10.
D. Resales and Rerentals:
1.
Instituting and maintaining an effective means of communicating
information between owners and the Administrative Agent regarding
the availability of restricted units for resale or rerental; and
2.
Instituting and maintaining an effective means of communicating
information to low- (or very low-) and moderate-income households
regarding the availability of restricted units for resale or re-rental.
E. Processing Requests from Unit Owners:
1.
Reviewing and approving requests for determination from owners
of restricted units who wish to take out home equity loans or refinance
during the term of their ownership that the amount of indebtedness
to be incurred will not violate the terms of this Ordinance;
2.
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 depreciated cost of central air conditioning
systems;
3.
Notifying the municipality of an owner's intent to sell a restricted
unit; and
4.
Making determinations on requests by owners of restricted units
for hardship waivers.
F. Enforcement:
1.
Securing annually from the municipality a list of all affordable
housing units for which tax bills are mailed to absentee owners, and
notifying all such owners that they must either move back to their
unit or sell it;
2.
Securing from all developers and sponsors of restricted units,
at the earliest point of contact 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;
3.
Posting annually, in all rental properties (including two-family
homes), a notice as to the maximum permitted rent together with the
telephone number of the Administrative Agent where complaints of excess
rent or other charges can be made;
4.
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;
5.
Establishing a program for diverting unlawful rent payments
to the municipality's Affordable Housing Trust Fund; and
6.
Creating and publishing a written operating manual for each
affordable housing program administered by the Administrative Agent,
to be approved by the Township Committee and the Court, setting forth
procedures for administering the affordability controls.
G. Additional Responsibilities:
1.
The Administrative Agent shall have the authority to take all
actions necessary and appropriate to carry out its responsibilities
hereunder.
2.
The Administrative Agent shall prepare monitoring reports for
submission to the Municipal Housing Liaison in time to meet the Court-approved
monitoring and reporting requirements in accordance with the deadlines
set forth in this Ordinance.
3.
The Administrative Agent shall attend continuing education sessions
on affordability controls, compliance monitoring, and affirmative
marketing at least annually and more often as needed.
[Added 9-14-2020 by Ord.
No. 2020-1389]
A. The Township of Branchburg shall adopt by resolution an Affirmative
Marketing Plan, subject to approval of the Court that is 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 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 marketing activities toward
Housing Region 3 and is required to be followed throughout the period
of restriction.
C. The Affirmative Marketing Plan shall provide a regional preference
for all households that live and/or work in Housing Region 3, comprised
of Hunterdon, Somerset and Middlesex Counties.
D. The municipality has the ultimate responsibility for adopting the
Affirmative Marketing Plan and for the proper administration of the
Affirmative Marketing Program, including initial sales and rentals
and resales and rerentals. The Administrative Agent designated by
the Township of Branchburg shall implement the Affirmative Marketing
Plan to assure the affirmative marketing of all affordable units.
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 Plan shall describe the media to be used
in advertising and publicizing the availability of housing. In implementing
the Affirmative Marketing Plan, the Administrative Agent shall consider
the use of language translations where appropriate.
G. The affirmative marketing process for available affordable units
shall begin at least four months (120 days) prior to the expected
date of occupancy.
H. Applications for affordable housing shall be available in several
locations, including, at a minimum, the County Administration Building
and/or the County Library for each county within the housing region;
the municipal administration building and the municipal library in
the municipality in which the units are located; and the developer's
rental office. Applications shall be mailed to prospective applicants
upon request.
I. In addition to other affirmative marketing strategies, the Administrative
Agent shall provide specific notice of the availability of affordable
housing units in Branchburg, and copies of the application forms,
to the following entities: Fair Share Housing Center, the New Jersey
State Conference of the NAACP, the Latino Action Network STEPS, NORWESCAP,
the Supportive Housing Association, and the Central Jersey Housing
Resource Center.
J. The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner.
[Added 9-14-2020 by Ord.
No. 2020-1389]
A. Upon the occurrence of a breach of any of the regulations governing
an 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, a requirement for household
recertification, acceleration of all sums due under a mortgage, recuperation
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(s) 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
adjudged 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 $500.00 per day or imprisonment for
a period not to exceed 90 days, or both, provided that each and every
day that the violation continues or exists shall be considered a separate
and specific violation of these provisions and not a continuation
of the initial offense;
(b)
In the case of an Owner who has rented a low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment into the Township of Branchburg Affordable Housing
Trust Fund of the gross amount of rent illegally collected;
(c)
In the case of an Owner who has rented a 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 that would result in the termination of the Owner's
equity or other interest in the unit, in the nature of a mortgage
foreclosure. Any such 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- or moderate-income unit.
(a)
The 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 attorney's fees. The violating Owner shall have his right
to possession terminated as well as his title conveyed pursuant to
the Sheriff's sale.
(b)
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 the full 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.
(c)
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.
(d)
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.
(e)
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.
(f)
The Owner shall remain fully obligated, responsible and liable
for complying with the terms and restrictions of governing affordable
housing units until such time as title is conveyed from the Owner.
[Added 9-14-2020 by Ord.
No. 2020-1389]
Appeals from all decisions of an Administrative Agent appointed
pursuant to this Ordinance shall be filed in writing with the Court.
[Added 9-14-2020 by Ord.
No. 2020-1389]
A. "Agreement" shall for the purposes of this subsection mean an affordable
housing plan or a master deed, or both, executed by a condominium
association or by the developer that created the association, and
filed in the land records of Somerset County prior to October 1, 2001,
that limits the condominium association's assessments upon affordable
condominiums to a lesser amount or percentage than the condominium
association's assessments upon other condominiums.
B. No condominium association which is subject to an Agreement shall
for the period of time expressed in the Agreement change its assessments
in any manner inconsistent with the affordable housing plan or master
deed without a resolution adopted by the Township Committee consenting
thereto.
C. No condominium association which is subject to an Agreement shall
for the period of time expressed in the Agreement permit its assessments
to be in any manner inconsistent with the affordable housing plan
or master deed without a resolution adopted by the Township Committee
consenting thereto.
D. Any purported assessment by a condominium association upon an affordable
condominium in violation of this subsection shall be unenforceable,
uncollectable, void and of no effect.
E. Any amendment or modification by a condominium association to or
of its master deed that is in violation of this subsection shall be
a violation of the Land Development Ordinance.
F. Every day during which any amendment or modification by a condominium
association to or of its master deed that is in violation of this
subsection exists shall be a violation of the Land Development Ordinance.
G. Every bill, demand or other affirmative request for the payment of
a purported assessment upon an affordable condominium that is in violation
of this subsection shall be a violation of the Land Development Ordinance.
H. Any person who participates in authorizing, preparing, making, sending
or delivering any bill, demand or other affirmative request for the
payment of a purported assessment upon an affordable condominium who
knows that such bill, demand or other affirmative request for payment
is in violation of this subsection shall be guilty of a violation
of the Land Development Ordinance.