Hampton City Zoning Code
ARTICLE XI
Housing Rehabilitation Assistance
[Added 8-15-1988 by Ord. No. 13-88[1]]
[1]
Editor's Note: This article and § 157-53, as amended, were passed by the Borough to implement the settlement agreement approved by the court in Haberman v. Planning Board of the Borough of Hampton et al. In addition to approving the notices of the compliance hearing, the settlement agreement and the ordinances passed to implement the agreement determined that the Borough, by implementing the settlement agreement and ordinances, is complying with its constitutional obligation to provide realistic opportunities for the creation of sufficient low- and moderate-income households so as to meet its indigenous need and its fair share of the present and prospective regional need and granted a judgment of compliance and the rights associated therewith in accordance with So. Burlington City NAACP v. Mount Laurel Twp., 92 N.J. 158 (1983), to the Borough.
§ 157-110 Purpose.
The purpose of this article is to create the administrative mechanisms needed for the execution of the Borough's responsibility to assist in the rehabilitation of housing of the Borough's indigenous poor in conjunction with the development in the AH Zone.
§ 157-111 Citizens Housing Advisory Committee.
A.
Establishment of Citizens Housing Advisory Committee. There is hereby established in the Borough of Hampton a Citizens Housing Advisory Committee, which shall consist of five members appointed by the Mayor, with the advice and consent of the Council. The members shall serve without compensation.
B.
Membership of Board and terms of office. The Committee shall be composed of one member of the governing body, whose appointment shall be for one year, and four additional residents of the Borough, whose terms shall be for three years each, except that when the Board is initially appointed, one resident member shall be appointed for one year, one member for two years and the third member for three years. Appointments to fill vacancies resulting from resignations or removals from office shall be for the departing member's unexpired term.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C.
Powers of the Citizens Advisory Housing Committee. The powers of the Citizens Advisory Housing Committee shall be as follows:
(1)
To recommend to the Mayor and Council the person or organization to be appointed the Housing Officer for the Borough of Hampton and the amount of compensation to be paid to that person or organization.
(2)
To recommend to the Mayor and Council the adoption of rules and regulations:
(a)
To assure that the housing units renovated for low- and moderate-income households pursuant to this article will remain available to low- and moderate-income persons for the appropriate period of time as required in this article.
(b)
To administer all funds made available to the Borough for low- and moderate-income housing from developer contributions or from public sources pursuant to Article IV of this chapter.
(c)
To provide for a fair and equitable disbursal of funds from the Housing Rehabilitation Assistance Fund, to the extent such funds are available, to be used for rehabilitation or substandard housing occupied by low- and moderate-income households and for such other projects or assistance consistent with the provisions of affordable housing in the Borough of Hampton and as are authorized by law.
(d)
To carry out such additional responsibilities as may be necessary to fulfill the Borough's affordable housing program in accordance with this article and the laws of New Jersey.
(3)
To recommend to the Mayor and Council the methods to be used for surveys conducted to ascertain the extent and location of substandard housing in the Borough and, upon authorization by the Mayor and Council, to conduct such surveys or to arrange to have such surveys conducted.
(4)
To seek out sources of government funding that will assist the Borough in meeting its local goals of supplying affordable housing and adequate public facilities and services as set forth in this article and, upon authorization by the Mayor and Council, to prepare and submit applications to secure such funding.
(5)
To prepare an annual budget for the Citizens Housing and Infrastructure Advisory Committee, including salaries and expenditures incurred in administering this article, exclusive of expenditures for rehabilitation. The budget shall be prepared in accordance with proper municipal accounting procedures and submitted to the Mayor and Council for approval as part of the municipal budget.
(6)
To recommend to the Mayor and Council the disbursement of funds from the Housing Rehabilitation Assistance Fund, if such funds are available, for rehabilitation of housing and for assistance in accordance with this article.
(7)
To undertake such other activities as may be authorized by law to carry out the obligations of the Borough to assist in rehabilitating housing in accordance with this article.
(8)
In the absence of the appointment of an Citizens Housing Advisory Committee, the Mayor and Council shall act in its stead.
§ 157-112 Housing Rehabilitation Assistance Fund.
A.
Creation of Housing Rehabilitation Assistance Fund.
(1)
There is hereby created a Housing Rehabilitation Assistance Fund of the Borough of Hampton.
(2)
Funds designated as "rehabilitation funds" collected from residential developers in the AH Zoning District pursuant to the terms of this article shall be paid to and deposited by the Borough Chief Financial Officer in an interest-bearing account designated as the "Housing Rehabilitation and Assistance Fund of the Borough of Hampton."
(3)
Funds which may be received from government sources shall be paid to and deposited by the Borough Chief Financial Officer in the Housing Rehabilitation Assistance Fund, except that where required by the funding source, such funds shall be held in a separate account and administered as required by the funding source.
B.
Collection of fees for Housing Rehabilitation Assistance Fund. Any developer of housing in the AH Zone in excess of 0.4 dwelling units per acre shall contribute to the Housing Rehabilitation Assistance Fund. This contribution shall be paid in accordance with a schedule determined by the Borough Council.
C.
Disbursements from the Housing Rehabilitation Assistance Fund.
[Amended 5-13-1991 by Ord. No. 9-91]
(1)
The Citizens Housing Advisory Committee, subject to approval by the Mayor and Council, shall authorize disbursements from the Housing Rehabilitation Assistance Fund in accordance with the following procedures:
(a)
Rehabilitation. In the case of funds sought for rehabilitation purposes:
[1]
The Housing Officer must certify that:
[a]
He has examined the application and determined that the intended recipient either is a qualified low- or moderate-income household according to income limits established by the Citizens Housing Advisory Committee for the year or is a nonoccupant owner willing to rent or sell the unit only to a qualified low- or moderate-income household for the requisite time period following the receipt of the funds.
[b]
The housing unit has been inspected and the existence of the health and safety code violations which the applicant seeks to remedy through the use of proceeds from the fund has been verified.
[c]
The rehabilitation activity will result in the dwelling unit being free of code violations.
[d]
The applicant has executed an agreement to use the funds only for the approved purposes; to rent or sell the unit only to a qualified low- or moderate-income household; upon receipt of the funds, to record a deed convenanting the unit for six years for owner-occupied housing and 10 years for rental-occupied housing to limit occupancy only to a low- or moderate-income household pursuant to a properly issued certificate of occupancy; and to otherwise comply with this article and the rules and regulations of the Citizens Housing Advisory Committee.
[2]
The funds granted to the applicant shall be returned to the Housing Trust Fund if the applicant violates the requirements governing the rental or sale of the rehabilitated units.
[3]
The rents of affordable rehabilitated housing units may increase annually based on the percentage increase in median income in the housing region in which Hampton is located, as determined from the uncapped Section 8 income limits, published by the United States Department of Housing and Urban Development, as defined in N.J.A.C. 5:92-1.3, or other recognized standards adopted by the Council on Affordable Housing (COAH) that apply to the rental housing units.
[4]
The initial pricing and rental of rehabilitated housing units shall be calculated by the Citizens Housing Advisory Committee in accordance with the standards of COAH as set forth in N.J.A.C. 5:92-12.12, entitled "Initial Pricing."
[5]
The Citizens Advisory Committee shall limit all loans and grants to $10,000 per applicant, provided that, for the first 27 units to be assisted under this program, any excess funds resulting from a lesser expenditure per unit may be allocated to units, the rehabilitation of which requires more than $10,000, or to rental assistance pursuant to Subsection C(1)(b) below.
[6]
The property owners of single-family owner-occupied housing may apply to the Housing Committee for permission to increase the maximum price or rental for eligible capital improvements. Eligible capital improvements shall be those that render the units suitable for a large household. In no event shall the maximum price or rental of an improved housing unit exceed the limits of affordability for the larger household. Property owners shall apply to the Committee if an increase in the maximum sales price or rental is sought.
[7]
The Committee, in approving applications, shall, to the maximum extent practical, guarantee that any rental units to be assisted will be made available to low-income households in a number which, when added to that of any assisted low-income homeowners, will represent at least 50% of all assisted units.
(b)
Rental assistance. In the event that the Borough is unable to locate and rehabilitate 27 dilapidated housing units occupied or to be occupied by low- or moderate-income persons or if there are any funds remaining in the Housing Rehabilitation Assistance Fund after rehabilitation of the 27 units is completed, then the Borough may utilize the remaining funds for a rental assistance program for low- and moderate-income residents of Hampton. The rental assistance program shall be operated pursuant to the rules and regulations adopted by the Citizens Housing Advisory Committee and shall generally conform to the requirements of the Section 8 Rent Subsidy Program of the United States Department of Housing and Urban Development.
(2)
This subsection shall not become effective until:
(a)
It is passed and published according to law;
(b)
A judgment of compliance is granted to the Borough of Hampton in the matter of Haberman v. Borough of Hampton, et al., Docket No. L-6527-81 (Appellate Division, Docket A-2740-84-T7);[1] and
[1]
Editor's Note: A judgment of compliance was entered in this matter 11-18-1991.
(c)
The time for appeal to said judgment of compliance expires without an appeal being taken therefrom or, if an appeal is taken by any party or person, the judgment of compliance is affirmed without the further right of appeal to any party or person.
§ 157-113 Housing Officer.
A.
Establishment of position of Housing Officer. There is hereby established the position of Housing Officer for the Borough of Hampton. The Housing Officer shall be appointed by the Mayor and Council and may be a full- or part-time municipal employee, a consultant, an authority or a government or other agency contracted by the Borough to perform the duties and functions of the Housing and Infrastructure Officer.
B.
Compensation. Compensation shall be fixed by the Mayor and Council at the time of appointment of the Housing Officer, upon recommendation of the Citizens Housing Advisory Committee.
C.
Power and duties. It shall be the responsibility of the Housing Officer to:
(1)
Administer the affordable housing program of the Borough of Hampton in accordance with this article and the rules and regulations of the Citizens Housing Advisory Committee.
(2)
Maintain waiting lists of households which may be eligible to rent or purchase low- and moderate-income dwelling units or to obtain funding from the Housing Rehabilitation Assistance Fund of the Borough or from such other government-funded programs as may be available to qualified applicants in the Borough.
(3)
Advertise the initial availability of low- and moderate-income housing units, when they become available.
(4)
Advertise the availability of funds for housing rehabilitation assistance if and when such funds are available.
(5)
Maintain up-to-date records of all deed-restricted low- and moderate-income housing units in the Borough.
(6)
Monitor all transfers of ownership and changes of occupancy of all deed-restricted lower-income housing units, to oversee the placement of qualified households in low- and moderate-income housing units and to enforce the provisions of this article, performing all of the administrative duties and functions outlined therein.
(7)
Advise the Planning Board and the Zoning Board, with respect to their approvals of low- and moderate-income housing units and as to require developer contributions to the Housing Rehabilitation Assistance Fund.
(8)
Maintain detailed records of income to and expenditures from the Housing Rehabilitation Assistance and Infrastructure Fund of the Borough of Hampton and accounts for any government grant moneys received.
(9)
Perform the administrative functions associated with any government-funded housing rehabilitation or rental assistance program, once such program has been funded.
(10)
Arrange for inspections of low- and moderate-income housing units as necessary to carry out the requirements of this article and the rules and regulations promulgated by the Citizens Housing Advisory Committee.
(11)
Carry out such additional duties as may be required of the Housing Officer by the rules and regulations promulgated by the Citizens Housing Advisory Committee.
§ 157-114 Adoption of related ordinances.
Ordinances relating to the AH Zone and the Housing Rehabilitation Assistance Fund may not be adopted without leave of the Superior Court until such date as the 300 units have actually been constructed in the AH Zone and the total Housing Rehabilitation Assistance Fund has been deposited by the developer with the Borough.
§ 157-115 Zoning Map amended.
The Zoning Map of the Borough of Hampton[1] is hereby amended to designate Block 23, Lot 1, and Block 24, Lot 2, within the AH Zoning District of the Borough.
[1]
Editor's Note: The current Zoning Map is on file in the Borough offices.
§ 157-116 When effective.
[Amended 9-26-1988 by Ord. No. 13-88-1]
This article shall not become effective until:
A.
It is passed and published according to law; and
B.
A judgment of compliance is granted to the Borough of Hampton in the matter of Haberman v. Borough of Hampton, et al., Docket No. L-6527-81 (Appellate Division, Docket A-2740-84-T7);[1] and
[1]
Editor's Note: A judgment of compliance was entered in this matter 11-18-1991.
C.
The time for appeal to said judgment of compliance expires without an appeal being taken therefrom or, if an appeal is taken by any party or person, the judgment of compliance is affirmed without the further right of appeal to any party or person.
