Hopewell Township City Zoning Code
ARTICLE XIII
AFFORDABLE HOUSING
§ 17-217 GENERAL ADMINISTRATION, PROCEDURES. [1]
§ 17-217.1 Development Application Requirements.
[Ord. #97-1060, § 17-217.1]
Each development project containing lower income housing shall include in its application, assurances that purchasers and renters of lower income housing shall be required to qualify by income for the low or moderate income dwelling unit they intend to occupy and that subsequent purchasers or renters shall also qualify by income, adjusted for the date of the subsequent transaction.
§ 17-217.2 Affordability Criteria.
[Ord. #97-1060, § 17-217.2]
In order to ensure that both low and moderate income units are affordable to a range of households within each household size, the maximum average rent and price of low and moderate income units within each inclusionary development shall be affordable to households earning 57.5% of median income and the number of people in the household shall be limited to the criteria set for the number of bedrooms in each unit as set forth in section 17-92d.
a.
For-Sale Dwelling Unit. Moderate income sales units within each inclusionary development shall be available for at least three different prices and low income sales units shall be available for at least two different prices. The monthly cost of housing shall include mortgage (principal and interest), property taxes, insurance and homeowners' or condominium association fees. These costs shall not exceed 28% of the household's eligible gross monthly income.
b.
For-Rent Dwelling Unit. The monthly cost of housing shall include rent and an allowance for utilities consistent with the utility allowance approved by HUD for use in New Jersey. These costs shall not exceed 30% of the monthly gross income of the household size.
c.
Homeowners' Association Fees. The payment of condominium or homeowners' association fees and special assessments by low and moderate income purchasers shall be 50% of the level paid by market purchasers.
§ 17-217.3 Monitoring Period.
[Ord. #97-1060, § 17-217.3]
a.
The period for controlling the qualifying income of initial purchasers and renters, and for controlling subsequent sales prices and rent levels of a unit, shall be 30 years (40 years for nonprofit and limited-profit housing developments) from the date of the initial certificate of occupancy for the unit as upon issuance by the municipal construction official. For rehabilitated units, the period for controlling sales prices shall be six years and, for rental units, shall be 10 years.
b.
The owner/operator of any developments containing rental units shall submit an annual report to the affordable housing committee (AHC) certifying that all lower income units are being rented at monthly costs consistent with subsection 17-217.2b above. Enforcement and penalties shall be as set forth in subsection 17-218.9 of the township's municipal code.
§ 17-217.4 Certificates of Eligibility.
[Ord. #97-1060, § 17-217.4]
No lower income housing unit shall, during this thirty-year or forty-year period, as required, be occupied unless a certificate of eligibility is issued by the AHC. A certificate of eligibility shall not be issued unless (i) the unit has been inspected and approved for occupancy by the township health department, and (ii) the unit is covered by a deed or lease that contains a covenant running to the developer and the township that specifies the following:
a.
That the office of the township administrator shall be notified before the sale, or change in tenant in the case of renter-occupied units, of each lower income unit;
b.
That each subsequent purchaser or tenant shall certify that the gross household income is within the then qualifying low or moderate income limits, as applicable, and the certification shall be submitted to the AHC in accordance with subsection 17-218.6 below;
c.
That the monthly cost of purchasing or renting, as the case may be, the lower income housing unit shall not exceed the affordability criteria set forth in subsection 17-217.2 above;
d.
The maximum qualifying income of a household shall be as set forth in the most recent publication titled "Eligible Income by County" published by NJ COAH or, absent such publication within the last two years, then the most recent United States Department of Housing and Urban Development "Family Income Limits." Each household shall document the "gross household income" to verify the household's eligibility. The AHC shall certify the "gross household income" to verify the household's eligibility. The AHC shall certify the "gross household income" for a period not to exceed 120 days based on the requirements of N.J.A.C. 5:93-9.1.
e.
In the case of a for sale unit, that a purchaser shall be entitled to sell the unit for a maximum resale price as set forth in subsection 17-218.6 below;
f.
In the case of a rental unit, units offered for rental shall continue to be offered as affordable rental units for at least the period required in subsection 17-217.3, above, and thereafter may be sold at prices affordable to moderate income households subject to the resale price controls set forth in subsection 17-218.6 below.
g.
In the case of a rental unit, that every occupant of a lower income rental unit shall, on or before April 15, file an annual statement of income and expense of occupancy for the household for the previous year with the owner/operator of the rental units, who shall in turn certify to the AHC that the units are being rented at monthly rents meeting the affordability criteria set forth in subsection 17-217.2.
Failure of a developer to comply with these requirements shall be cause for denial of certificates of occupancy for market-level units in the developments which have not already been issued. In the case of a resale or rerental, failure to comply with these requirements shall be cause for the denial of a certificate of eligibility for the unit to be sold or rerented. |
§ 17-217.5 Selection Procedures and Priorities.
[Ord. #97-1060, § 17-217.5]
Selection procedures and priorities for purchase and/or occupancy of low and moderate income housing units shall be as established in subsection 17-218.6 below and shall be monitored by the AHC.
§ 17-217.6 Affirmative Marketing Plan.
[Ord. #97-1060, § 17-217.6]
a.
Applicability. The Township of Hopewell has a twelve-year cumulative fair share obligation to the year 1999 of 564 units of which 293 is new construction. This ordinance shall apply to all developments that contain proposed low and moderate income units that are listed below and any future developments that may occur:
Brandon Farms (138 Units) |
Pennington Pointe (5 units) |
Trafalgar (150 units) |
b.
Purpose. The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age and number of children, to housing units which are being marketed by a developer/sponsor, municipality and/or designated administrative agency of affordable housing. The plan shall address the requirements of N.J.A.C.5:93-11. In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, handicap, age, familial status/size, or national origin. The Township of Hopewell is in the housing region consisting of Mercer, Monmouth and Ocean Counties. The affirmative marketing program is a continuing program and shall meet the following requirements:
c.
Regional Advertising. All newspaper articles, announcements, and requests for applications for low and moderate income units shall appear in the following daily and regional newspapers/publications.
Trenton Times |
Asbury Park Press |
Ocean County Observer |
The primary marketing shall take the form of at least one press release sent to the above publications and a paid display advertisement in each of the above newspapers. Additional advertising and publicity shall be on an "as needed" basis. |
The advertisement shall include a description of the street address of the units; directions to the housing units; number of bedrooms per unit; range of prices/rents; size of units; income information; and location of applications including business hours and where/how applications may be obtained. |
d.
Neighborhood Advertising. All newspaper articles, announcements, and requests for applications for low and moderate income housing shall appear in the following neighborhood oriented weekly newspapers, religious publications, and organizational newsletters within the region:
Hopewell Valley News |
Princeton Packet |
Church Newsletters |
e.
Radio/TV Advertising. The following regional radio and/or cable television stations shall be used:
Local Cable TV Access Channel |
WHWH |
WTTM |
f.
Location of Applications and Information. The following is the location of the applications brochure(s), sign(s), and/or poster(s) used as part of the affirmative marketing program including specific employment centers within the region:
Hopewell Township Municipal Building |
Pennington Branch of the Mercer County Library |
Sales Offices of Brandon Farms, Pennington Pointe & Trafalgar |
Janssen Pharmaceutical |
Educational Testing Service |
Mobil Oil |
g.
Community Contacts. The following is a listing of counties that will aid in the affirmative marketing program with particular emphasis on contacts that will reach out to groups that are at least likely to apply for housing within the region:
Mercer County |
Monmouth County |
Ocean County |
h.
Data to County Boards of Realtors. Quarterly flyers and applications shall be sent the Boards of Realtors in Mercer, Monmouth and Ocean Counties for publication in their journals and for circulation among their members. Applications shall be mailed to prospective applicants upon request.
i.
Data to Social Agencies. Additionally, quarterly informational circulars and applications shall be sent to the chief administrative employees of each of the following agencies in the counties within Mercer, Monmouth and Ocean Counties.
Welfare or Social Service Board |
Rental Assistance Office (local D.C.A. office) |
Office on Aging |
Housing Agency or Authority |
County Library |
Area Community Action Agencies |
j.
Random Selection of Households. The random selection of occupants of low and moderate income housing will be done by the township's AHC as set forth in subsection 17-218.6.
k.
Administrative Agency. The Affordable Housing Management Service (hereafter "AHMS") is the agency under contract with Hopewell Township to administer the affirmative marketing program. AHMS has the responsibility to income-qualify low and moderate income households; to place income-eligible households in low and moderate income units upon initial occupancy; to provide for the initial occupancy of low and moderate income units with income-qualified households; to continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls; to assist with advertising and outreach to low and moderate income households; and to enforce the terms and the deed restrictions and mortgage loan as per N.J.A.C. 5:93-9.1. The Hopewell Township Administrator is the designated housing officer to act as liaison to AHMS. AHMS shall 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. The following service providers have agreed to perform the above services:
l.
Priority for Households in the Housing Region. Households who live and work in the Mercer, Monmouth and Ocean Counties housing region may be given preference for sales and rental units constructed within that housing region. Applicants living outside the housing region shall have an equal opportunity for units after regional applicants have been initially serviced. The township intends to comply with N.J.A.C. 5:93-11.7.
m.
Developer Participation. All developers of low and moderate income housing units shall be required to assist in the marketing of the affordable units in their respective developments.
n.
Initiation and Continuance of Marketing Plan. The marketing program shall commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program shall continue until all low and moderate income housing units are initially occupied and for as long as affordable units are deed restricted and occupancy or reoccupancy of units continues to be necessary.
o.
Monitoring Reports to COAH. AHMS shall comply with the monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 12.1.
§ 17-217.8 Homeowner Affordability Assistance Program.
[Ord. #02-1246, § 1; Ord. #07-1420; Ord. #19-1708]
This program has been established in an effort to maintain the affordability of deed-restricted affordable units in the Township. Homeowners living in deed restricted affordable units who may be in arrears with their mortgage and/or association fees may apply for the homeowner affordability assistance program, funded by developer fees and payable from the Township housing trust fund for very-low, low- and moderate-income homeowners.
a.
Qualification and eligibility for this program:
1.
Any very-low, low- or moderate-income households, as defined in this Chapter, living in a deed restricted affordable ownership housing unit in the Township, paying as part of their shelter costs mortgage or homeowners' association fees (collectively defined as "shelter costs"), who are in arrears are eligible to apply for the program.
2.
On the application provided by the Township for homeowner affordability assistance, the Township or its agent will determine whether or not the household is spending more than 30% of its gross income for shelter costs. This program is not available to households spending less than 30% of their gross income for shelter costs.
3.
If the shelter costs, by paying off the arrearages or repairs, would allow the household to spend between 30% and 40% of gross income on shelter costs, then the household may request affordability assistance in the form of a deferred loan to assist the homeowner in becoming current with their shelter expenses.
4.
The eligible household shall submit to the office of the municipal housing liaison income and expense information concerning the household's shelter costs in a form provided by the Township. The Township will evaluate the request for the above-referenced loan for a maximum amount not to exceed $5,000.
5.
After review and approval by the Township, and subject to the availability of funding through the Township's affordable housing program for this form of affordability assistance, the Township may approve a loan to assist with the payment of the shelter costs. Approval shall only be granted to applicants who demonstrate to the reasonable satisfaction of the Township that there is a very high likelihood that with the receipt of the affordability assistance provided herein that the applicant will be able to stay current with their shelter costs in the future. If denied, a written determination of why the funding assistance has been denied will be provided by the Township or its agent. This determination shall be final and non-appealable.
b.
Loans for all properties participating in the homeowner affordability assistance program shall be secured through a mortgage and mortgage note executed by the property owner in favor of the Township of Hopewell. The Township shall pay the required recording fees.
c.
The homeowner affordability assistance program is a deferred payment loan, with the loan amount (and no interest) to be repaid either upon the sale of the unit (if less than five years) or it is forgiven upon the expiration of five years from the date of the execution of the mortgage, whichever comes first. Recapture of assistance funds provided herein will occur if the property is sold within five years of the date of the loan. If the affordable unit is sold during the five-year recapture period, 20% of the funds are forgiven for each full year after the loan closing. In such cases, the Township shall receive a pro rata portion of the assistance amount from the Borrower, which amount shall be deposited in the Township's housing trust fund.
d.
Further, approval of any loan shall also be subject to certification by the Chief Financial Officer that funds are available for this form of affordability assistance.
e.
At no time will any individuals/households be allowed to receive funding approval under any of the local affordability assistance programs more than once in a five-year time frame.
§ 17-218 AFFORDABLE HOUSING COMMITTEE (AHC). [1]
§ 17-218.1 Preamble.
[Ord. #97-1060, § 17-218.1]
In conjunction with its efforts to meet its lower income housing obligations, the township hereby creates the Affordable Housing Committee of Hopewell Township (AHC) to monitor the long-term compliance of the township's lower income housing obligation within housing developments containing low/moderate income housing. The committee's responsibilities will be to: establish tenanting/sale policies for use by developers/owners in sale, rental, resale and rerental of low/moderate income units; establish and enact additional rules and procedures in accordance with the provisions of this section to assure that low and moderate income units constructed in Hopewell Township remain available to such families for a minimum thirty- or forty-year period, as required.
§ 17-218.2 Membership; Terms of Office.
[Ord. #97-1060, § 17-218.2; Ord. #04-1308]
a.
The AHC shall consist of seven members, all of whom shall be appointed by the township committee and one of whom shall be a member of the township committee. One of the remaining six members shall be an occupant of a low/moderate income unit and shall be appointed within one year of issuance of a certificate of occupancy for such units. The township administrator and treasurer shall be ex-officio members of the AHC.
b.
The township committee may appoint alternate members.
c.
Attendance by four members or alternates shall constitute a quorum. Passage of any motion requires an affirmative vote by a majority of members present.
d.
The initial term of office of the AHC shall be two members for one year and two members for two years to be designated when making the appointment. The terms of office shall thereafter be two years with reappointment at the pleasure of the township committee. The term of the township committee member shall be one year. The appointments shall be made in such a manner so that the terms of approximately one-half of the members shall expire each year.
e.
The AHC shall elect a chairman and a vice-chairman from among its members, neither of whom shall be the township committee member. Their terms of office shall be one year and they shall be eligible for reelection. The committee may also elect a secretary, who need not be a member of the committee, and it may create and fill such other offices as it shall determine.
f.
The AHC shall submit annual budget requests and monthly financial statements to the township. The township committee may employ or assign at the request of the AHC such personnel or experts and other staff the AHC deems necessary, provided such obligations do not exceed the township budgetary allocation available to the AHC for such use.
§ 17-218.3 Vacancies, Removal for Cause.
[Ord. #97-1060, § 17-218.3]
The township committee may remove any member of the AHC for cause on written charges served upon the member and after a hearing thereon, at which time the member shall be entitled to be heard either in person or by counsel. A vacancy in the committee occurring otherwise than by expiration of the term shall be filled for the unexpired term in the same manner as an original appointment.
§ 17-218.4 Powers.
[Ord. #97-1060, § 17-218.4]
a.
The AHC is hereby granted and shall have and exercise, in addition to other powers herein granted, all the powers necessary and appropriate to carry out and execute the purposes of this section, including but not limited to the following:
1.
To prepare and forward to the Hopewell Township Committee such rules and regulations as it deems necessary or appropriate to implement the purposes of this section. Such rules and procedures shall not become effective until approval by the township committee. However, if the township committee fails to act within 60 days, the rules shall become effective.
2.
To supply information to developers and families of low or moderate income to help them comply with the provisions of this section.
3.
To hold hearings upon due notice and adjudicate applications of individuals or households who believe themselves to be households of low or moderate income.
4.
To research and review requests from the New Jersey Mortgage Finance Agency and any other Federal, State, county or local agencies regarding funding or applications for funding.
5.
To make recommendations to the township committee for a spending plan indicating existing funds and estimated future revenues, and setting forth proposed expenditures for how the township's Lower Income Housing Fund should be spent and to propose priorities for such expenditures.
6.
To develop and monitor programs for rehabilitation of existing substandard units, including criteria for identifying substandard structures occupied by lower income households and recommendations for rehabilitation loans and/or grants to qualifying households.
b.
In matters involving a hearing, the AHC shall give 10 days' written notice to all parties involved, and shall give all interested persons an opportunity to be heard.
§ 17-218.5 Definitions.
[Ord. #97-1060, § 17-218.5]
As used in this section:
Shall mean the affordable housing committee created by Ordinance No. 706-86.
Shall mean the total household income from all sources of all members of the household age 18 and older with verification as set forth in N.J.A.C. 5:93-9.1.
Shall mean dwelling units limited to occupancy by low and moderate income households.
§ 17-218.6 Selection Procedures, Priorities, Income Eligibility, Price Standards, Restrictions, Reports.
[Ord. #93-948; Ord. #97-1060, § 17-218.6]
The following procedures and priorities for dwelling unit initial sales, resales, initial rentals and rerentals shall be monitored by the AHC:
a.
Selection Procedures. The AHC shall establish a listing of qualified low and moderate income households and persons based on the categories below; the first such listing shall be compiled within 45 days of notification by a developer that low and/or moderate income units will be available for occupancy approximately six months thereafter. This listing, along with any such similar listing conforming to the selection categories set forth below as may be compiled by a developer and submitted to the AHC, shall form the basis of an initial pool or prospective purchasers or renters of the developer's initial sale/rental program.
Thereafter, at least quarterly, the AHC shall provide an updated list, recertifying categories of those households on the list which are likely to be reached in the coming year and who have not obtained a housing unit, and making appropriate adjustments for households whose status may have changed since the last certification. Those applicants wishing resale units only shall be so indicated. Prior to selling any unit, the owner shall contact the AHC for determination as to income eligibility of the prospective buyer and compliance with AHC rules and regulations.
b.
Income Eligibility. Certification of the gross household income of listed households shall be accomplished by the developer/owner in the case of initial sales rentals/rerentals and by the AHC in the case of resales as follows:
1.
Initial Sale/Rental and Subsequent Rerentals. The developer/owner shall certify to the AHC that each prospective purchaser/renter meets the selection categories and is income qualified. A developer/owner shall submit a certification folder on each applicant with appropriate documentation as to income and eligibility according to the selection categories. Documentation of household income shall comply with N.J.A.C. 5:93-9.1(b)2.
2.
Resales. The AHC shall establish household income eligibility based on information to be submitted by a prospective purchaser corresponding to the documentation required under paragraph b1 above.
A letter certifying income eligibility shall be issued for a period of 120 days. Said letter, or a notice of ineligibility, shall be issued by the AHC within 30 days of the receipt of a complete application. A finding of ineligibility may cause the township to seek a rescission of the sale/rental as provided for in paragraph c3 below. |
c.
Sale and Resale, Rental and Rerental Price Standards.
1.
Units initially sold or rented as low or moderate income shall remain so at resale or rerental. A developer of sale or rental units shall provide the AHC with a listing, by unit type and size, of the maximum selling price of the low and/or moderate income units. If a rental unit is involved, a maximum rental price by unit type and size shall be provided. These sale, resale, rental or rerental levels shall not exceed affordability criteria established in subsection 17-217.2 above. In addition, an owner shall consult the AHC for the names of eligible buyers who might be listed in one of the priority categories prior to entering into a contract to sell a unit.
2.
Maximum resale price shall equal the sum of the following:
(a)
Price of unit paid by owner increased by 75% of the increase in the CPI-housing component only, for the Philadelphia region, which shall be measured from the first day of July preceding the year of purchase to the first day of July preceding the year of sale;
(b)
Cost of reasonable permanent improvements for which a prior approval from the committee has been issued. Declaration value shall be based on actual documentation of labor and materials at the time of installation or a reasonable estimate by the owner of the value of the improvements, subject to the verification of building permit data regarding the construction value of the improvements;
(c)
Cost of sale which includes realty transfer fee, attorneys' fees, and brokers' fees. The committee shall from time to time establish fee charge guidelines as to allowable charges so as not to jeopardize the affordability of the sale unit to a low or moderate income household.
3.
Initial sale, resale, rental and rerental price restrictions including township remedies for noncompliance shall be provided for in deed restrictions subject to the township's attorney review and will not be regulated by the AHC. However, any conveyance to an ineligible person or sale/rental price established in excess of the restrictions at the time of occupancy is subject to rescission by the township. Any township costs and legal fees in obtaining rescission are to be borne by the seller or unit owner in the case of rental units.
4.
In the event initial sale, resale, rental or rerental cannot be concluded after diligent marketing efforts within an established time period, then the variation of eligible household incomes as provided for in paragraph e below shall be operable subject to the requirements stipulated therein.
5.
All rental units sold after the expiration of the required period of affordability may continue to be rented, but at market-level rates, or may be sold as moderate income, owner-occupied units with an additional twenty-year period of affordability consistent with all the requirements of this chapter.
d.
Variation of Eligible Household Income Standards.
1.
In the event a developer of lower income units, after documented diligent marketing efforts, cannot enter into a contract of sale or rental agreement of initially constructed units within a sixty-day period after receipt of a certificate of occupancy for the lower income unit, the AHC shall permit the unit to be sold to households whose income exceeds the eligibility range as follows: Low income units may be sold or rented to households of moderate income; moderate income units may be sold or rented to households with incomes up to but not exceeding 120% of the median income as defined herein. Any units permitted to be sold to households whose income exceeds the eligibility ranges shall remain subject to continued maximum resale price or rerental restrictions as set forth elsewhere in this section.
2.
If within 90 days after notification to the AHC that a rental unit has become vacant, and owner/operator of the rental unit is unable to enter into a lease agreement with a qualified tenant from a list of potential tenants provided by the AHC or through its own efforts, then the AHC shall permit the rerental of the unit as outlined in paragraph e1 above, subject to continued rental restrictions as set forth elsewhere in this section.
3.
If within 90 days of notification to the AHC of an intent to sell, an owner of a lower income unit has not become contractually obligated to sell the unit to a qualified buyer from a list of potential buyers provided to it by the AHC or through the owners' broker or through the owners' efforts, then the affordable housing committee shall permit the resale of the unit as outlined in paragraph e1 above, subject to continued price restrictions as set forth elsewhere in this section.
e.
Restriction on Use. Low and moderate income units shall be sold or rented only to income-eligible low and moderate income households. All low and moderate income units shall comply with the Federal housing authority maximum occupancy standards for the number of people per dwelling unit size. Such units shall be the primary residence of the occupant(s). Purchasers or tenants may lease or sublet such units only to income-qualified households, at rent levels not exceeding those established for the unit, and only after approval by the AHC.
f.
Program Reports. Developers/owners of low and moderate income units initially marketed for sale or rental, as well as developers/owners of rerental units, shall submit quarterly reports to the AHC identifying the units sold, rented or rerented. These reports shall begin at the end of the first calendar quarters following initial occupancy, continuing to final completion of the project in the case of sale projects, or for the duration of income controls in the case of rental projects. These reports shall list by unit type and address the number of units sold or rented.
§ 17-218.7 Foreclosure Proceedings.
[Ord. #97-1060, § 17-218.7]
The AHC shall promptly establish written regulations dealing with foreclosure proceedings, extent of price controls continuation and distribution of funds from a foreclosure sale, subject to approval by the township committee.
§ 17-218.8 Program Fee Requirements.
[Ord. #97-1060, § 17-218.8]
All developers of projects containing low and moderate income dwelling units shall be required to pay an initial registration fee at the time of issuance of a certificate of eligibility, in accordance with Chapter 10 of the Revised General Ordinances of the Township of Hopewell.
Upon resale or rerental of such units, an additional fee shall be paid at the time of issuance of certificate of eligibility, in accordance with Chapter 10 of the Revised General Ordinances of the Township of Hopewell:
Such fees shall be as set forth in Chapter 10 of the Revised General Ordinances of the Township of Hopewell and those collected shall be maintained in an escrow account by the township and expended only in the exercise of the AHC's monitoring responsibilities and duties outlined herein.
§ 17-218.9 Enforcement; Applicability.
[Ord. #706-86, § 1; Ord. #93-948; Ord. #97-1060, § 17-218.9]
a.
Developers seeking final approval for projects containing low and moderate income dwelling units shall provide an affordable housing plan for their project that provides necessary declaration of covenants and restrictions, which shall be reviewed by the township attorney, including provisions to assure the initial sale or rental as well as subsequent resales and rerentals of dwelling units in accordance with the requirements of this section and section 17-92 of the township's land use and development ordinance. The affordable housing plan shall be subject to the approval of the planning board.
b.
Developers seeking final approval shall also provide a written affirmative marketing plan indicating how initial sale, rental and rerental units will be marketed within the procedures and priorities established for such units herein in accordance with subsection 17-217.6 of the township's land use and development ordinance.
c.
In the event an applicant or developer fails to construct and sell or rent his required low and moderate income housing units in accordance with the provision of his approved affordable housing plan, the final plat approval, and this section, he shall be subject to a revocation of his development permit and cessation of issuances of certificates of occupancy until the development is brought into compliance. Revocation of such permits shall be preceded by written notice establishing a thirty-day time period within which such noncompliance may be corrected.
§ 17-219.1 Purpose.
[Ord. #04-1307, § 1]
An accessory apartment as defined hereinbelow is being authorized for the purpose of providing additional opportunities for low and moderate income housing within the Township of Hopewell.
§ 17-219.2 Definition.
[Ord. #04-1307, § 1]
Is a self-contained, residential unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance which is created to be occupied by a low- or moderate-income household. The accessory apartment may be created within an existing dwelling unit, may be created within an existing structure on a lot or be in addition to an existing home or accessory building.
§ 17-219.3 Additional Requirements.
[Ord. #04-1307, § 1]
The following additional conditions shall apply to accessory apartments:
a.
Accessory apartments, as defined hereinabove, shall be permitted within all zoning districts within the Township of Hopewell except the R-5 and R-6 districts and provided further that the lot upon which the accessory apartment shall be created meets all zoning requirements for said zone unless a variance is obtained from the appropriate Township Land Use Board; and
b.
Accessory apartments shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all local building and health codes; and
c.
Accessory apartments shall be rented only to a household which is either a low or moderate income household at the time of the initial occupancy of the unit as defined by the Hopewell Township Affordable Housing Program; and
d.
The accessory apartment shall, for a period of at least 10 years from the date of the issuance of a certificate of occupancy for said apartment, be rented only to low- or moderate-income households; and
e.
Rents of accessory apartments shall be affordable to low- or moderate-income households as per the substantive regulations of the New Jersey Council on Affordable Housing (COAH) and shall include a utility allowance; and
f.
No more than 10 accessory apartments shall be utilized to address the Hopewell Township Fair Share Obligation unless this 10 unit cap is changed or waived by COAH; and
g.
There shall be a recorded deed or dedication of covenants and restrictions applied to the property upon which the accessory apartment is located running with the land and limiting its subsequent rental or sale within the requirements of paragraphs c and d above; and
h.
Each accessory apartment shall have a gross floor area of at least 350 square feet, but shall not exceed more than three bedrooms of living space, or 1,200 square feet, or 25% of the floor area of the dwelling, whichever is greater, and shall have cooking facilities, a kitchen sink and a complete sanitary facility for the exclusive use of the occupants; and
i.
The accessory apartment shall have a separate door with direct access to the outdoors; and
j.
The accessory apartment shall have a potable water supply and a sanitary disposal system for the accessory apartment which shall be reviewed and approved by the township health officer; and
k.
The accessory apartment shall be affirmatively marketed to the housing region wherein the Township of Hopewell is located; and
l.
In the case of an accessory apartment created illegally or without proper permits which the property owner desires to legitimize as an accessory apartment under this section, all of the requirements of this section in addition to meeting COAH criteria shall apply and the subsidy provided for hereinbelow may be made available by the township to said owner; and
m.
At least one off-street parking space per bedroom or a maximum of two spaces shall be provided for each apartment.
§ 17-219.4 Administration.
[Ord. #04-1307, § 1]
The Township of Hopewell shall designate an administrative entity to administer the accessory apartment program. Said administration shall include advertising, income qualification of perspective renters, setting rents and annual rental increases, maintaining a waiting list, distributing the subsidy provided for hereinbelow, securing certificates of occupancy, qualifying properties, handling application forms, filing deed restrictions and monitoring reports and affirmatively marketing the accessory apartment program. The administrative agency so designated to administer this accessory apartment program shall only deny an application for an accessory apartment if the project is not in conformance with the COAH substantive requirements, the municipal zoning ordinance or this section. All denials shall be in writing with the reasons clearly set forth. In accordance with the COAH requirements, the Township of Hopewell shall provide at least $10,000 to subsidize the physical creation of an accessory apartment conforming to the requirements of this section and the COAH requirements. Prior to the grant of such subsidy, the property owner shall enter into a written agreement with the township ensuring that (i) the subsidy shall be used to create the accessory apartment and (ii) the apartment shall meet the requirements of this section and COAH regulations.
§ 17-219.5 Application Requirements.
[Ord. #04-1307, § 1]
All applicants wishing to create accessory apartments shall submit to the Township of Hopewell: (a) a sketch of the floor plans showing the locations, size, relationship of both the accessory apartment and the primary dwelling within the building or in another structure; and (b) rough elevations showing the modification of any exterior building facade to which changes are proposed and (c) a site development sketch showing the location of the existing dwelling and other existing buildings; all property lines; proposed addition, if any, along with the minimum building setback lines; the required parking spaces for both dwelling units and any man-made conditions which might affect construction.
§ 17-219.6 Fee Waivers.
[Ord. #04-1307, § 1]
In order to encourage the creation of accessory apartments, the Township of Hopewell shall waive all building permit and construction fees, except the State mandated training fees for an accessory apartment application.
§ 17-220.1 Purpose.
[Ord. #06-1375]
The purpose of this section is to create the administrative mechanisms needed for the execution of the Township of Hopewell's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.
§ 17-220.2 Definitions.
[Ord. #06-1375]
As used in this section, the following terms shall have the meanings indicated:
Shall mean the entity responsible for administering the affordability controls of some or all units in the affordable housing program for the Township of Hopewell to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.
Shall mean the employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Township of Hopewell.
§ 17-220.3 Establishment of Municipal Housing Liaison Position and Compensation; Powers and Duties.
[Ord. #06-1375]
a.
Establishment of Position of Municipal Housing Liaison. There is hereby established the position of municipal housing liaison for the Township of Hopewell.
b.
Subject to the approval of the Council on Affordable Housing (COAH), the municipal housing liaison shall be appointed by the township committee and may be a full or part-time municipal employee.
c.
The municipal housing liaison shall be responsible for oversight and administration of the affordable housing program for the Township of Hopewell, including the following responsibilities which may not be contracted out:
1.
Serving as Hopewell Township's primary point of contact for inquiries from the State, affordable housing providers, administrative agents, and interested households;
2.
Monitoring the status of all restricted units in the Township of Hopewell's Fair Share Plan;
3.
Compiling, verifying, and submitting annual reporting as required by COAH;
4.
Coordinating meetings with affordable housing providers and administrative agents, as applicable;
5.
Attending continuing education programs as may be required by COAH;
6.
If applicable, serving as the administrative agent for some or all of the restricted units in Hopewell Township as described in paragraph f below.
d.
Subject to approval by COAH, the Township of Hopewell may contract with or authorize a consultant, authority, government or any agency charged by the governing body, which entity shall have the responsibility of administering the affordable housing program of the Township of Hopewell. If Hopewell Township contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and affirmative marketing plan, the municipal housing liaison shall supervise the contracting administrative agent.
e.
Compensation. Compensation shall be fixed by the township committee at the time of the appointment of the municipal housing liaison.
f.
Administrative Powers and Duties Assigned to the Municipal Housing Liaison.
1.
Affirmative Marketing.
(a)
Conducting an outreach process to insure affirmative marketing of affordable housing units in accordance with the affirmative marketing plan of the Township of Hopewell and the provisions of N.J.A.C. 5:80-26.15.
2.
Household Certification.
(a)
Soliciting, scheduling, conducting and following up on interviews with interested households;
(b)
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;
(c)
Providing written notification to each applicant as to the determination of eligibility or ineligibility;
(d)
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.;
(e)
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; and
(f)
Employing the random selection process as provided in the affirmative marketing plan of the Township of Hopewell when referring households for certification to affordable units.
3.
Affordability Controls.
(a)
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;
(b)
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;
(c)
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the appropriate county's register of deeds or county clerk's office after the termination of the affordability controls for each restricted unit;
(d)
Communicating with lenders regarding foreclosures; and
(e)
Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
4.
Resale and Rental.
(a)
Instituting and maintaining an effective means of communicating information between owners and the administrative agent regarding the availability of restricted units for resale or rental; and
(b)
Instituting and maintaining an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or re-rental.
5.
Communicating with Unit Owners.
(a)
Reviewing and approving requests from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership;
(b)
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 cost of central air conditioning systems; and
(c)
Processing requests and making determinations on requests by owners of restricted units for hardship waivers.
6.
Enforcement.
(a)
Ensure that all restricted units are identified as affordable within the tax assessor's office and any municipal utility authority (MUA) and upon notification to the administrative agent of change in billing address, payment delinquency of two consecutive billing cycles, transfer of title, or institution of a writ of foreclosure on all affordable units, notifying all such owners that they must either move back to their unit or sell it;
(b)
Securing from all developers and sponsors of restricted units, at the earliest point of contract 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;
(c)
The posting annually in all rental properties, including two-family homes, of a notice as to the maximum permitted rent together with the telephone number of the administrative agent where complaints of excess rent can be made;
(d)
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;
(e)
Establishing a program for diverting unlawful rent payments to the municipality's affordable housing trust fund or other appropriate municipal fund approved by the DCA;
(f)
Establishing a rent-to-equity program;
(g)
Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls; and
(h)
Providing annual reports to COAH as required.
7.
The administrative agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.
§ 17-221.1 Purpose.
[Ord. #07-1409]
The purpose of this section of the Code is to facilitate enforcement of the provisions of the Hopewell Township Affordable Housing Program as well as to enforce the requirement of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the New Jersey Council on Affordable Housing ("COAH") Substantive and Procedural Rules as they appeal at N.J.A.C. 5:94-1 et seq. and N.J.A.C. 5:95-1 et seq. and the New Jersey Housing Mortgage Finance Agency Uniform Housing Affordability Controls appearing at N.J.A.C. 5:80-26.1 et seq.
§ 17-221.2 Noncompliance a Violation.
[Ord. #07-1409]
Any person or entity who violates any terms, conditions or requirements of the Hopewell Township Affordable Housing Program as set forth in this Article, as amended from time to time; violates any of the terms, conditions or requirements of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq., as may be amended from time to time; violates any of the terms, conditions or requirements of the Substantive and Procedural Rules of the New Jersey Council on Affordable Housing ("COAH") which appear at N.J.A.C. 5:94-1 et seq. and N.J.A.C. 5:95-1 et seq., as amended from time to time or violates the Uniform Housing Affordability Controls, terms, conditions or requirements as issued by the New Jersey Housing and Mortgage Finance Agency appearing at N.J.A.C. 5:80-26.1 et seq., as amended from time to time shall be subject to punishment in accordance with the general penalty provisions of this Code as they appear in Section 3-1 et seq.