Kinnelon City Zoning Code
ARTICLE XII
Affirmative Marketing Program
§ 207-50 Applicability; purpose; program.
[Amended 3-15-2007 by Ord. No. 2-07]
A.
The Affirmative Marketing Program as set forth in this Article XII entitled "Affirmative Marketing Program" shall be applicable to all affordable housing units created under the first and second round substantive certifications granted by the New Jersey Council on Affordable Housing ("COAH"). Any affordable housing units created as part of the third round substantive certification which have been or may be granted to the Borough by COAH shall be subject to the standards and criteria set forth in the Uniform Housing Affordability Controls ("UHAC") as set forth in N.J.A.C. 5:80-26.1 et seq., as from time to time amended and supplemented.
B.
The Borough of Kinnelon is located within the Northwest Housing Region, consisting of Morris, Essex, Union and Warren Counties. The Borough has a fair share obligation of 81 low- and moderate-income units as determined under the Fair Housing Act P.L. 1985, c. 222,[1] by the New Jersey Council on Affordable Housing ("COAH"). A combination of credits and the implementation of a rehabilitation program results in there being a need for the construction of 54 new low- and moderate-income units in accordance with the Resolution Granting Conditional Substantive Certification adopted by COAH on April 3, 1996. Unless the Borough of Kinnelon enters into a separate agreement with another agency to handle the affirmative marketing program in accordance with COAH requirements as set forth in N.J.A.C. 5:93-11.1 et seq., the following affirmative marketing program shall apply to any developments that contain proposed low- and moderate-income units.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
C.
Upon preliminary approval of any subdivision or site plan containing proposed low- and moderate-income units by the Kinnelon Borough Planning Board and at least 120 days prior to the issuance of the first certificate of occupancy for any unit of the development, the developer shall take the following steps to provide for the affirmative marketing of his project:
(1)
The developer shall submit to the Borough drafts of news releases announcing the development and the availability of low- and moderate-income housing units therein and declared in accordance with N.J.A.C. 5:93-11.3(c). After approval by the Borough, the developer shall have published said releases at least once every 30 days for at least 120 days prior to the issuance of the first certificate of occupancy in the following newspapers. All of these newspapers cover the housing region within which the Borough is located.
(2)
The developer shall advise the Borough of Kinnelon and its Welfare Director of the existence of these units and shall further post announcement notices of their availability in the Municipal Building.
(3)
The developer shall, in addition, advise the Morris County Housing Authority, local churches and other groups as directed by the Borough of the existence of the housing opportunities.
(4)
The developer shall prepare appropriate notices for use on the local radio and/or cable television networks to advise of the existence of these housing opportunities and make all arrangements for the same to be broadcast, including the payment of all costs.
§ 207-51 Screening and final determinations; commencement of program.
A.
Initial screening of potential occupants shall be performed by the developer, but all final decisions shall be approved by the Borough or its designee. The initial screening shall be in accordance with the rules established under the controls on affordability adopted by the Borough or administered by an outside agency acceptable to COAH.
B.
The affirmative marketing program will commence as set forth above and shall continue until all low- and moderate-income housing units are under contract of sale and/or lease.