The Cherry Hill Planning Board has adopted a Housing Plan and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq. The Fair Share Plan has been endorsed by the governing body, Township Council. The Fair Share Plan describes how Cherry Hill Township shall address its fair share for low- and moderate-income housing, as determined by the Council on Affordable Housing (COAH) and documented in the Housing Plan.

The Township of Cherry Hill shall file monitoring reports with COAH in accordance with N.J.A.C. 5:96, tracking the status of the implementation of the Housing Plan and Fair Share Plan. Any plan evaluation report of the Housing and Fair Share Plan and monitoring prepared by COAH in accordance with N.J.A.C. 5:96 shall be available to the public at the Township of Cherry Hill Municipal Building, Municipal Clerk's Office, 820 Mercer Street, New Jersey; on-line at www.cherryhill-nj.com; from COAH at 101 South Broad Street, Trenton, New Jersey; or COAH's website, www.nj.gov/dca/affiliates/coah.

Rehabilitation program.

Market to affordable program.

Intent. To ensure the efficient use of land through compact forms of development and to create realistic opportunities for the construction of affordable housing, inclusionary zoning allows minimum presumptive densities and presumptive maximum affordable housing set-asides as follows.

Phasing. In inclusionary developments, the schedule shall be in conformance with the following:

Design. In inclusionary developments, to the extent possible, low- and moderate-income units shall be integrated with the market units.

Payments-in-lieu and off-site construction. The standards for the collection of Payments-in-Lieu of constructing affordable units or standards for constructing affordable units off-site, shall be in accordance with N.J.A.C. 5:97-6.4.

Utilities. Affordable units shall utilize the same type of heating source as market units within the affordable development.

Proportion.

Bedroom distribution. Affordable housing developments that are not limited to age-restricted households shall be structured in conjunction with realistic market demands so that:

Age-restricted. Affordable housing developments that are limited to age-restricted households shall at a minimum have a total number of bedrooms equal to the number of age-restricted affordable units within the affordable housing development. The standard may be met by creating all one-bedroom units or by creating a two-bedroom unit for each efficiency unit.

Accessibility.

Maximum rent and sale prices.

Median income by household size. Median income by household size shall be established using a regional weighted average of the uncapped Section 8 income limits published by HUD computed as set forth in N.J.A.C. 5:97-9-2.

Average rents.

Average sale prices.

Utilities. Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program.

Provide an occupant for each unit bedroom;

Provide children of different sex with separate bedrooms; and

Prevent more than two persons from occupying a single bedroom.

Low-income housing units shall be reserved for households with a gross household income equal to or less than 50% of the median income approved by COAH.

Pending release of COAH's rules implementing P.L. 2008, c. 46, very low-income housing units shall be reserved for households with a gross household income equal to or less than 30% of the median income approved by COAH.

Moderate-income housing units shall be reserved for households with a gross household income in excess of 50%, but less than 80% of the median income approved by COAH.

If an affordable housing unit is part of a condominium association or homeowners' association, the Master Deed shall reflect that the assessed affordable homeowner's fee be established at 100% of the market rate fee. This percentage assessment shall be recorded in the Master Deed.

Upon resale of an affordable unit, a certificate of reoccupancy shall be required, in accordance with N.J.A.C. 5:80-26.10.

Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for households with a gross household income less than 80% of median income.

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% of the household's certified monthly income.

Prior to incurring any indebtedness to be secured by a restricted ownership unit, the administrative agent shall determine in writing that the proposed indebtedness complies with the provisions of this section.

With the exception of original purchase money mortgages, during a control period neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of that unit, as such price is determined by the administrative agent in accordance with N.J.A.C. 5:80-26.6(b).

Any conveyance of a newly constructed low- or moderate-income sales unit shall contain the restrictive covenants and liens that are set forth in N.J.A.C. 5:80-26 et seq.

Time period for controls.

Restricted rental units. A restricted rental unit shall remain subject to the affordability controls of this Ordinance, despite the occurrence of any of the following events:

A written lease shall be required for all restricted rental units, except for units in an assisted living residence, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the Administrative Agent.

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.

Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit and shall be payable to the Administrative Agent to be applied to the costs of administering the controls applicable to the unit as set forth in this Ordinance.

In accordance with the regulations of COAH pursuant to N.J.A.C. 5:96 and 5:97 et seq. and the New Jersey Uniform Housing Affordability Controls (UHAC) pursuant to N.J.A.C. 5:80-26 et seq., Cherry Hill Township adopted an Affirmative Marketing Plan.

All affordable housing units shall be marketed in accordance with the provisions therein.

The Township of Cherry Hill has a Third Round Growth Share obligation. This section shall apply to all developments that contain proposed low- and moderate-income units and any future developments that may occur.

In implementing the Affirmative Marketing Program, the Administrative Agent shall undertake all of the following strategies:

The Affirmative Marketing Program 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 or sponsor of affordable housing. The Affirmative Marketing Program is also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward the COAH Housing Region in which the municipality is located and covers the period of deed restriction. The Township of Cherry Hill is in the housing region consisting of Burlington, Camden and Gloucester Counties. The Affirmative Marketing Program is a continuing program and shall meet the following requirements:

The household currently pays more than 35%, which is 40% for age-restricted units, of its gross household income for rent, and the proposed rent will reduce its housing costs;

The household has consistently paid more than 35%, which is 40% for age-restricted units, of eligible monthly income for rent in the past and has proven its ability to pay;

The household is currently in substandard or overcrowded living conditions;

The household documents the existence of assets with which the household proposes to supplement the rent payments; or

The household documents proposed third-party assistance from an outside source such as a family member in a form acceptable to the Administrative Agent and the owner of the unit.

The Administrative Agent shall use a random selection process to select occupants of low- and moderate-income housing.

A waiting list of all eligible candidates will be maintained, in accordance with the provisions contained in N.J.A.C. 5:80-26 et seq.

Cherry Hill Township is ultimately responsible for administering the Affordable Housing Program, including affordability controls and the Affirmative Marketing Plan in accordance with the regulations of COAH pursuant to N.J.A.C. 5:97 et seq. and the Uniform Housing Affordable Controls (UHAC) pursuant to N.J.A.C. 5:80-26 et seq.

Cherry Hill Township has delegated to the Municipal Housing Liaison this responsibility for administering the Affordable Housing Program, including administering and enforcing the affordability controls and the Affirmative Marketing Plan of Cherry Hill Township in accordance with the provisions of this article, the regulations of COAH pursuant to N.J.A.C. 5:96 and 5:97 et seq. and the Uniform Housing Affordable Controls (UHAC) pursuant to N.J.A.C. 5:80-26 et seq. Cherry Hill Township shall by resolution appoint the Township Administrator as the Municipal Housing Liaison.

Subject to COAH approval, Cherry Hill Township may contract with one or more administrative agents to administer some or all of the affordability controls and/or the Affirmative Marketing Plan in accordance with this article, the regulations of COAH pursuant to N.J.A.C. 5:97 and 5:96 et seq. and the Uniform Housing Affordable Controls (UHAC) pursuant to N.J.A.C. 5:80-26 et seq. If Cherry Hill Township enters into such a contract, the Municipal Housing Liaison shall supervise the contracting Administrative Agent(s) and shall serve as liaison to the contracting Administrative Agent(s).

The Township of Cherry Hill intends to contract with an experienced Affordable Housing Administrator to be the administrator of the sale and rental of all new affordable housing. The experienced Affordable Housing Administrator will also oversee and administer income qualification of low- and moderate-income households; place income eligible households in low- and moderate-income units upon initial occupancy; place income eligible households in low- and moderate-income units as they become available during the period of affordability controls and enforce the terms of the required deed restrictions and mortgage loans. The experienced Affordable Housing Administrator will specifically administer and implement:

The developers/owners of any inclusionary site shall be responsible for the experienced Affordable Housing Administrator's administrative fee, affirmative marketing and advertising and such shall be a condition of Planning or Zoning Board approval. Subsequent to the initial sale of an affordable sale unit, the seller of an affordable sale unit shall be responsible for the experienced Affordable Housing Administrator's administrative fee, affirmative marketing and advertising and such shall be a condition of any affordable housing deed restriction governing the affordable unit.

Cherry Hill Township reserves the right to replace the experienced Affordable Housing Administrator with another municipal authority, or other agency authorized by COAH or the Superior Court, to carry out the administrative processes outlined in this Ordinance.

Upon the occurrence of a breach of any of the regulations governing the affordable unit by an Owner, Developer or Tenant the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.

After providing written notice of a violation to an Owner, Developer or Tenant of a low- or moderate-income unit and advising the Owner, Developer or Tenant of the penalties for such violations, the municipality may take the following action against the Owner, Developer or Tenant for any violation that remains uncured for a period of 60 days after service of the written notice:

Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the low- and moderate-income unit of the violating Owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any First Purchase Money Mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating Owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.

The proceeds of the Sheriff's sale shall first be applied to satisfy the First Purchase Money Mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating Owner shall be personally responsible for and to the extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the Owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the Owner shall make a claim with the municipality for such. Failure of the Owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the Owner or forfeited to the municipality.

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.

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.

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.

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.