The New Jersey Legislature, in passing the Fair
Housing Act (P.L. 1985, c. 222),[1] has authorized municipalities and their duly elected governing
bodies to adopt ordinances providing for the realistic opportunity
for their low- and moderate-income citizens and, in certain cases,
citizens of the region wherein they lie and the State of New Jersey,
to obtain sound, safe, and affordable shelter. In furtherance of the
aforementioned authority, the Township Committee of the Township of
Lebanon, does hereby ordain as follows.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et
seq.
[Amended 4-4-2018 by Ord.
No. 2018-02]
A.
The New Jersey Supreme Court has ruled that each municipality has
a constitutional obligation to provide a realistic opportunity for
the provision of housing for low- and moderate-income households in
fulfillment of the housing needs of the region wherein it is located.
B.
The Lebanon Township Planning Board has adopted a Housing Plan Element
and Fair Share Plan of the Master Plan as required by the Fair Housing
Act and pursuant to the Municipal Land Use Law (N.J.S.A. 40:55d-1
et seq.); said Housing Plan Element provides the framework for this
chapter. The Housing Plan Element has been endorsed by the governing
body. The Housing Element describes the ways the Township of Lebanon
shall address its fair share for low- and moderate-income housing
as documented in the Housing Element and outlined in the terms of
the settlement agreement between the Township and Fair Share Housing
Center ("FSHC") in the Matter of the Application of the Township of
Lebanon, County of Hunterdon, Docket No. HNT-299-15 (the "settlement
agreement").
C.
The Superior Court of the State of New Jersey, Hunterdon County approved
a settlement agreement between the Township and Fair Share Housing
Center via a fairness hearing on September 12, 2017 in the case captioned
In the Matter of the Application of the Township of Lebanon, Docket
No. HNT-L-299-15. Pursuant to the settlement agreement, the Township
must seek approval from the Court of its Housing Plan Element referenced
above via a Compliance Hearing, to be held after adoption of this
Fair Housing Ordinance.
D.
This chapter shall not become effective until the Court approves
the Township's Housing Plan Element and issues a judgement of
repose.
[Amended by Ord. No. 2001-45; 4-4-2018 by Ord. No. 2018-02]
A.
The purpose of this chapter is to meet Lebanon Township's fair
share housing obligation as set forth in the settlement agreement.
This chapter provides for the rehabilitation of three existing residential
units located within the Township which are deemed by the Construction
Code Official to meet the criteria for eligibility as set forth herein,
and through an accessory apartment program providing for one unit
and a municipally sponsored market to affordable program providing
for one unit. Funding for the above-referenced programs shall be provided
by the Township through one or more of the following means:
(2)
Grants in aid from the State of New Jersey DCA Balanced Housing Program
or NJHMFA Affordable Housing Program or such other program(s) as may
be available under state sponsorship.
(3)
Grants in aid from the County of Hunterdon as may be available from
time to time during the implementation of this chapter.
(4)
Municipal appropriation, as necessary if no other funds as outlined
above are available. Each fiscal year, the Township Committee shall
include the necessary sum in the municipal budget in order to ensure
sufficient funds for program operations during the year.
A.
All definitions contained in N.J.A.C. 5:96-1.1 et seq., as may be
amended by the decision in In re Adoption of N.J.A.C. 5:96 and 5:97
by N.J. Council on Affordable Housing, 221 N.J. 1 (2015) ("Mount Laurel
IV") or a court of competent jurisdiction, Procedural Rules of the
New Jersey Council on Affordable Housing, and N.J.A.C. 5:97-1.1. et
seq., as may be amended by the decision in Mount Laurel IV or a court
of competent jurisdiction, Substantive Rules of the New Jersey Council
on Affordable Housing, are hereby incorporated and adopted as if set
forth in full herein. For convenience, the following definitions are
provided for reference purposes. In the event of any conflict or amendment
to the New Jersey Administrative Code (N.J.A.C.), the definitions
and rules duly promulgated pursuant to the Administrative Procedures
Act shall govern this chapter.
B.
ACCESSORY APARTMENT
ACT
ADMINISTRATIVE AGENT
AFFORDABLE
AFFORDABLE UNIT
AGENCY
CERTIFIED HOUSEHOLD
COAH
HOUSEHOLD
LOW-INCOME HOUSING
MODERATE-INCOME HOUSING
PROGRAM
REHABILITATED UNIT
SETTLEMENT AGREEMENT
SUBSTANDARD HOUSING UNIT
SURROGATE
UHAC
As used in this chapter, the following terms shall have the meanings
indicated:
A dwelling unit authorized under this chapter for the sole
purpose of fulfilling the Township's obligation for its fair
share of the regional low- and moderate-income housing need under
rules and regulations established by COAH. Such units are limited
in number and are authorized for this special case for periods of
time identified in this chapter.
The Fair Housing Act (P.L. 1985, Chapter 222).
The person or entity responsible for administering the affordability
controls of this section as designated by N.J.A.C. 5:80-26.14.
A sales price or rent within the means of a low- or moderate-income
household as defined in COAH's rules, specifically N.J.A.C. 5:97-9;
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 COAH's
rules, specifically, N.J.A.C. 5:80-26.12, as may be amended and supplemented.
A housing unit proposed or created pursuant to the Act, credited
pursuant to N.J.A.C. 5:97-4, and/or funded through an affordable housing
trust fund.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
The Council on Affordable Housing, which is in, but not of,
the Department of Community Affairs of the State of New Jersey, that
was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301
et seq.).
A person or persons occupying a housing unit, whether the
owner or tenant of the unit.
Housing affordable according to Federal Department of Housing
and Urban Development or other recognized standards for home ownership
and rental costs and occupied or reserved for occupancy by households
with a gross household income equal to 50% or less of the median gross
household income for households of the same size within the housing
region in which the housing is located.
Housing affordable according to Federal Department of Housing
and Urban Development or other recognized standards for home ownership
and rental costs and occupied or reserved for occupancy by household
with a gross household income equal to more than 50% but less than
80% of the median gross household income for households of the same
size within the housing region in which the housing is located.
The administration and assistance provided under this chapter
to rehabilitate housing units that are substandard, create accessory
apartments, and to fund the conversion of market units to affordable
units.
A previously substandard unit which has undergone significant
renovation to meet the municipal or other applicable housing code
standards.
A settlement agreement between the Township and Fair Share
Housing Center ("FSHC") in the Matter of the Application of the Township
of Lebanon, County of Hunterdon, Docket No. HNT-299-15.
A housing unit with health and safety code violations that
require the repair or replacement of a major system. A major system
includes a roof, plumbing (including wells), heating, electricity,
sanitary plumbing (including septic systems) and/or a load bearing
structural system.
A census indicator of deficient housing.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
