[Amended 3-2-2011 by Ord.
No. 2011-03; 4-4-2018 by Ord. No. 2018-02]
A.
Administrator. The Township Committee shall appoint an administrative
agent of the rehabilitation, accessory apartment, and market to affordable
programs. The administrative agent may also act as the Township's
Municipal Housing Liaison. In this capacity the administrative agent
shall arrange for all mass mailings and advertising, shall make funding
recommendations to the Township Committee as outlined herein, shall
periodically report the progress of the program to the Township Committee
and shall file annual reports with COAH as required by N.J.A.C. 5:97
and the settlement agreement.
(1)
The administrative agent shall perform the duties and responsibilities
of an administrative agent as are set forth in UHAC and which are
described in full detail in the Operating Manual, including those
set forth in N.J.A.C. 5:80-26.14, 16 and 18 thereof, which includes:
(a)
Attending continuing education opportunities on affordability
controls, compliance monitoring, and affirmative marketing as offered
or approved by COAH;
(b)
Affirmative marketing;
(c)
Household certification;
(d)
Affordability controls;
(e)
Records retention;
(f)
Resale and rerental;
(g)
Processing requests from unit owners; and
(h)
Enforcement, though the ultimate responsibility for retaining
controls on the units rests with the municipality.
(i)
The administrative agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities, hereunder.
(2)
The administrative agent, in conjunction with the Construction Code
Official and Assessor, shall develop forms for use by households or
owners wishing to participate in the programs. The administrative
agent shall maintain a complete file for each application.
B.
Construction Code Official. The Township Construction Code Official
shall have primary responsibility for all housing inspections. For
units proposed for rehabilitation, he shall determine the unit's
substandard systems and eligibility, the scope of work needed to make
the unit adequate and safe, and the estimated cost of improvements.
For proposed accessory apartments, the Construction Code Official
shall determine the estimated cost of improvements. He shall report
his findings in the form of recommendations for funding to the administrative
agent who shall list same on the agenda of the Township Committee.
The Construction Code Official shall make periodic inspections and
issue a report of completion to the administrative agent concomitant
with the issuance of a certificate of occupancy for the unit upon
completion of the rehabilitation, accessory apartment, or market-to-affordable
unit creation.
D.
Tax Assessor. The Tax Assessor shall aid the Construction Code Official
in his inspections and shall assist the administrative agent in arranging
for mass mailings utilizing the Township's tax assessment records.
E.
Township Attorney. A Township Attorney shall prepare all deed restrictions,
lien documents, and any other legal documents he shall deem necessary
and adequate to effectuate this chapter, the programs, and the regulations
or requirements.
A.
The Township adopts, by passage of this ordinance, the following
affirmative marketing plan, subject to approval of COAH or a court
of competent jurisdiction, compliant with N.J.A.C. 5:80-26.15, as
may be amended and supplemented.
(1)
The administrative agent, in conjunction with the Tax Assessor and
Tax Collector, shall arrange, at least once annually, for a mailing
of brochures to all homeowners within the Township, announcing and
explaining the availability of rehabilitation and accessory apartment
assistance. In addition, the administrative agent shall arrange for
and shall display, in public buildings throughout the Township, posters
which advertise the program. Owners of nonpublic facilities may, upon
request, also display posters (such as banks, churches, community
service organizations). All brochures and posters shall specify the
name of the contact person in the Township Municipal Building (with
telephone number and address) who will provide more detailed information
and, upon request, application packages.
(2)
News releases shall be prepared and sent to the local print media
at least quarterly and a public meeting shall be held in the initial
stage of program implementation to familiarize interested parties
with the procedures for program participation. Informational meetings
shall be held with welfare organizations, community groups, personnel
departments of local employers, social workers, civic and religious
leaders, senior citizen groups, and fraternal organizations. Marketing
efforts will continue until the programs are fully subscribed.
B.
The administrative agent shall assure the affirmative marketing of
all affordable units consistent with the affirmative marketing plan
for the municipality.
C.
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.
D.
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner,
unless otherwise determined or agreed to by the Township.
E.
In compliance with the settlement agreement, the Township shall include
in its affirmative marking plan pursuant to N.J.A.C. 5:80-26.15(f)(5),
the following: Fair Share Housing Center (510 Park Boulevard, Cherry
Hill, NJ 08002), the New Jersey State Conference of the NAACP, the
Latino Action Network (P.O. Box 943, Freehold, NJ 07728), East Orange
NAACP (P.O. Box 1127, East Orange, NJ 07019), Newark NAACP (P.O. Box
1262, Newark), NJ 07101, Morris County NAACP (P.O. Box 2256, Morristown,
NJ 07962), and Elizabeth NAACP (P.O. Box 6732, Elizabeth, NJ 07206).
The Township shall, as part of its regional affirmative marketing
strategies during its implementation of this plan, provide notice
to those organizations of all available affordable housing units.
The Township also agrees to require any other entities, including
developers or persons or companies retained to do affirmative marketing,
to comply with this paragraph.
The administrative agent shall develop appropriate forms for
program implementation as follows:
A.
Application form which shall cover all general data such as owner's
and applicant's name; occupancy status; present rent (if applicable);
number of persons in household; location and number of units, including
number of bedrooms; income level and sources of income for proposed
occupants; a description of the work to be done; and, for accessory
apartments, a plot plan and construction plan.
B.
Income verification forms which shall be signed by the applicant
so that the administrative agent may mail them to the employer for
verification. If unemployed, the applicant shall supply such other
evidence as will reasonably establish the income level, such as social
security statements, tax returns, dividend statements, etc. The administrative
agent shall keep all financial disclosures made by an applicant confidential.
In making recommendations to the Township Committee, the income need
not be disclosed in public session except by means so as to establish
that the income level is below the applicable low- or moderate-income
levels established by the Council on Affordable Housing.
C.
For vacant units where an owner-applicant may apply for and receive
a rehabilitation or accessory apartment loan pursuant to this chapter,
the owner shall agree to provide all necessary documents and a verification
as outlined in this section, for prospective occupants, so as to adequately
demonstrate compliance with all local and state regulations cited
herein. An owner-applicant is a person who owns a housing structure
proposed for rehabilitation, or a building proposed for an accessory
apartment, and is applying to create a rental unit.
D.
Affordability controls shall be clearly identified in the application
package, and shall be in conformance with this chapter and COAH's
rules. A sample deed restriction and/or rehabilitation loan agreement
shall be supplied to the applicant.
E.
Supporting documents shall be submitted evidencing proof of ownership.
F.
Applications shall be considered in the order in which they are received
by the Township.
A.
Filing. All interested applicants may obtain an application package
from the administrative agent. Questions as to income eligibility
or administrative procedures may be directed to the administrative
agent. Assistance regarding unit eligibility, accessory apartment
standards, scope of work, and obtaining cost estimates will be provided
by the Construction Code Official. The Construction Code Official
and Administrative Agent shall arrange for special times to make themselves
available to assist the public, which shall include daytime and evening
hours. All completed applications shall be presented to the administrative
agent.
B.
Administrative agent's review.
(1)
The administrative agent shall, within five business days, review
the application to determine its completeness and the income level
of the applicant. If the applicant's income exceeds the eligibility
standard, the applicant will be so notified and a confirming letter
shall be kept in the file. If the application is complete and the
stated income level is eligible, the administrative agent shall transmit
a copy of the package to the Construction Code Official for review.
Thereafter, the administrative agent shall verify the income with
the applicant's employer on the forms provided. Once verified,
the Clerk shall so notify the Construction Code Official.
(2)
For vacant units, the owner need not be income eligible, but he or
she shall provide adequate documentation at the time of occupancy
that the sales price or rental rate is affordable as defined in this
chapter, and that the prospective occupants are income eligible.
C.
Township Planner's and Construction Code Official's review.
(1)
The Construction Code Official shall review the application package,
and within 10 business days of receipt of same, shall (with the Tax
Assessor) arrange for an inspection of the property. For rehabilitation
proposals, he shall prepare a work write-up that details the unit's
substandard characteristics and scope of work, all of which shall
be in compliance with this chapter. A copy of the work write-up shall
be sent to the applicant within 10 days of the inspection. The Construction
Code Official shall prepare an in-house cost estimate to be kept in
the file confidentially, until a contractor's proposal for the
rehabilitation work is received. The applicant shall obtain at least
one contractor's estimate (typical time frame of 10 business
days) and return same to the Construction Code Official. If the Construction
Code Official finds that the estimate is within 10% of his estimate,
he shall prepare a recommendation for funding to be sent to the administrative
agent for inclusion on the Township Committee's agenda. If the
estimate is too high or too low, the applicant may elect to obtain
a new estimate, or may request the contractor to meet with the Construction
Code Official to resolve the discrepancy.
(2)
For proposed accessory apartments, the Township Planner shall review the application for conformance with the zoning standards established in § 199-8 of this chapter and Chapter 400, Zoning, and provide its findings to the Construction Code Official and Township Committee. The Construction Code Official shall review the findings of the Township Planner, the proposed plot plan and the construction plan for conformance with the construction standards in § 199-8. The applicant shall submit a cost estimate for the proposed scope of work for review by the Construction Code Official. If the Township Planner and the Construction Code Official find that the proposed accessory apartment complies with the standards of § 199-8, and that the estimate is within 10% of the Construction Code Official's independent estimate, then the Construction Code Official shall prepare a recommendation for funding to be sent to the administrative agent for inclusion on the Township Committee's agenda. If the standards of § 199-8 are not met, then the Construction Code Official shall prepare a report for the applicant and Township Committee identifying the standards which are not satisfied.
D.
Township Committee authorization. Recommendations for funding shall be sent by the Construction Code Official to the Municipal Housing Liaison for inclusion on the agenda of the Township Committee. If all program criteria have been met, the Committee shall approve the funding of the improvements for the funds reserved for the program and shall authorize the Township Attorney to prepare a rehabilitation accessory apartment, or market to affordable loan agreement and deed restriction or lien so as to ensure that a lien position may be held by the Township. The work may then be authorized by the Construction Code Official as provided in § 199-22. For rehabilitation projects, the loan principal shall include only capital costs. Administrative expenses to be budgeted (such as the inspection costs, attorney's fees, and processing expenses incurred by the Municipal Housing Liaison) shall be paid by the Township and not charged to the borrower. For any two-year period, the average capital expense (hard cost) for units in the rehabilitation program shall be $10,000, and the Township Committee may authorize the expenditure of up to $30,000 on a rehabilitated unit. The Township Committee shall provide at least $25,000 to subsidize the creation of each low-income accessory apartment. The Township Committee shall provide $30,000 to subsidize the creation of a low-income market-to-affordable unit.
E.
Inspections. For rehabilitation and accessory apartment projects,
the Construction Code Official shall periodically inspect the premises
during construction. Payments will be made to the contractor at 50%
performance (40% of the cost) and upon completion (the balance due).
Change orders shall require approval by the Township Committee if
additional funding is required beyond the contract amount. Otherwise,
applicant and Construction Code Official concurrence shall be the
only necessary authorization. Upon completion, the Construction Code
Official shall issue a completion report to the administrative agent
stating that the work has been undertaken in conformance with the
program, this chapter, and the applicable codes, and that the unit
has been brought up to compliance with the relevant housing or building
code for rehabilitated units, or the relevant accessory apartment
standards for new accessory apartments.
F.
Reports to the Township Committee. At least quarterly, the administrative
agent shall report the program's progress to the Committee, including
an accounting report supplied by the Chief Financial Officer/Treasurer
as to funds expended. The report shall state the status of units under
review or under construction, and the efforts which will be undertaken
to meet program goals in the future. Every two years, with the first
report being due in August 2019, the administrative agent shall file
a progress report with the Council on Affordable Housing and Fair
Share Housing Center.