Norwood City Zoning Code
ARTICLE XI
Affordable Housing Requirements
§ 233-61 Purpose.
The purpose of this article is to provide an administrative mechanism and regulations for assuring the affordability of low- and moderate-income housing developed for purchase or rental in the Mount Laurel Zone (Article IX) and the Special Overlay Zone in the LI Zone (Article X), in conformance with the regulations of the New Jersey Council on Affordable Housing (COAH). These requirements shall apply in all zones where affordable housing is required by this section or has been developed in accordance with the revised Settlement Agreement dated October 16, 1985, and the Order dated March 25, 1986, in the Mount Laurel litigation entitled Norwood Easthill Associates, et al. v. Borough of Norwood, et al., L-24219-83 and consolidated cases.
§ 233-62 Required bedroom distribution.
A.
At a minimum, 35% of all affordable housing units in a development shall have two bedrooms.
B.
At a minimum, 15% of all affordable housing units in a development shall have three bedrooms.
C.
No more than 20% of all affordable housing units in a development may be efficiency units (i.e., a unit with not more than one habitable room and with kitchen and sanitary facilities).
§ 233-63 Low-income split by unit size.
At each development that includes affordable housing units, at least 50% of all units in each bedroom distribution type shall be available for low-income households.
§ 233-64 Affordable housing shelter cost components.
In computing the shelter cost of affordable housing units, only the following components shall be included:
A.
Rental housing: rent, including an allowance for utilities (sewer, water, electricity and gas) and fees, if any, for parking at least one car.
B.
Sales units: the cost of principal, interest, property taxes, homeowner (fire, theft and liability) insurance, private mortgage insurance, sewer and water charges and condominium or homeowners' association fees, if any. Principal and interest shall be determined on the basis of a 10% down payment and a thirty-year fixed-rate mortgage realistically obtainable from at least two major lenders active in the housing region.
§ 233-65 Maximum monthly shelter costs.
The maximum monthly shelter cost for affordable housing units of the appropriate unit size for the household size shall be 28% of the household's gross annual income for sales units and 30% of the household's gross monthly income for rental units.
§ 233-66 Household size and unit size for determining maximum rents and sales prices.
Maximum sales prices and maximum rents of affordable housing units shall be determined on the basis of the following criteria on occupancy of dwelling units by household size:
A.
Efficiency units shall be affordable to one-person households.
B.
One-bedroom units shall be affordable to two-person households.
C.
Two-bedroom units shall be affordable to three-person households.
D.
Three-bedroom units shall be affordable to five-person households.
E.
Four-bedroom units shall be affordable to seven-person households.
§ 233-67 Condominium and homeowner association fees.
Condominium and homeowner association fees shall be fairly assessed based on the square footage of units for both market-priced and affordable housing units. The master deed for all affordable housing units developed as a condominium or cooperative shall specify that all condominium and homeowner association fees for affordable housing units shall be assessed at 100% of the rate for market-priced units.
§ 233-68 Age restrictions prohibited.
There shall be no age restrictions upon the occupants of affordable housing, except for publicly subsidized senior citizen housing.
§ 233-69 Controls on affordability.
A.
All conveyances and deeds of affordable housing units shall be subject to covenants running with the land which control the resale of sales units, the sublease of sales units, the rerental of rental units, and the conversion of rental units for a period of not less than 25 years from either the issuance of the certificate of occupancy for the affordable housing unit or the date of closing and transfer of title for initial ownership of the unit, whichever is later.
B.
The deed restriction shall be approved by the Borough Attorney as to form and shall follow the standard restrictive covenant and mortgage lien adopted by COAH (Affordable Housing Agreement, Second Repayment Mortgage, and Second Mortgage Repayment Note, N.J.A.C. 5:92-12 - APPENDIX), or if amended, as approved by COAH.
C.
The Borough shall not issue a certificate of occupancy for initial occupancy of an affordable housing unit unless the Borough Affordable Housing Board certifies in writing that the unit is to be controlled by a deed restriction and mortgage lien as adopted or approved by COAH.
D.
The initial affordability and continuing affordability of all affordable housing units shall be governed by the COAH Substantive Rules on Controls on Affordability, N.J.A.C. 5:92-12.
§ 233-70 Certificate of reoccupancy required.
A.
A certificate of reoccupancy must be issued by the Borough before the occupancy of an affordable housing unit resulting from the resale of an affordable housing unit, and the Borough shall not issue such a certificate unless there is a written determination by the Borough of Norwood Affordable Housing Board, established by this article, that the unit is to be controlled by a deed restriction and mortgage lien as adopted or approved by COAH.
B.
Purchasers of sales affordable housing units shall execute the deed restriction prior to issuance of a certificate of reoccupancy regardless of whether the seller had executed the deed restriction and mortgage lien adopted or approved by COAH upon acquisition of the property.
C.
The certificate of reoccupancy shall not be required for sales of the units for which the affordability controls are allowed to expire or for which the repayment option is being exercised by the seller of an affordable housing unit, under COAH regulations, N.J.A.C. 5:92-12.3.
§ 233-71 Purchase options upon expiration of affordability controls; seller repayment option.
A.
After expiration of the initial period of controls on affordability (minimum of 20 years), either the Borough, the New Jersey Department of Community Affairs, the New Jersey Housing and Mortgage Finance Agency or a qualified nonprofit organization designated by COAH shall have, at the time of the first nonexempt sale, a ninety-day option to purchase an affordable housing unit at the maximum restricted price.
B.
A governmental agency that exercises the purchase option may then either:
(1)
Extend further the period of controls on affordability by selling or renting the unit to another qualified low- or moderate-income household selected by the Borough of Norwood Affordable Housing Board established by this article; or
(2)
Sell the unit at fair market value and use the permitted proceeds (difference between the fair market value and the restricted unit price, after reasonable real estate broker fees have been paid) to create, rehabilitate or maintain low- and moderate-income housing in the Borough or housing region.
C.
A nonprofit organization that exercises the purchase option shall sell or rent the affordable unit to a qualified low-or moderate-income household selected by the Borough of Norwood Affordable Housing Board.
D.
If the option is not exercised by an eligible governmental agency or nonprofit organization, then the seller may either:
(1)
Sell the unit to another low- or moderate-income household at the controlled unit sales price; or
(2)
Exercise the repurchase option and sell the unit to any purchaser at market value, provided that 95% of the difference between the controlled unit price and the fair market value, after reasonable real estate broker fees have been paid, is paid to the Borough Affordable Housing Board at closing, in order to recapture any windfall and deposited in the Borough Affordable Housing Trust Fund. These recaptured funds shall be used for the sole purpose of creating, rehabilitating or maintaining low- and moderate-income housing in the Borough and housing region, according to a plan approved by COAH.
E.
The notice and other administrative provisions of COAH regulations, N.J.A.C. 5:92-12.3 through 5:92-12.9, effective as of the date of the adoption of this article shall govern this purchase option and repayment option for affordable units whose period of affordability controls has expired.
§ 233-72 Range of affordability for purchased and rental housing.
A.
The average price or rent of affordable housing units shall be, as best as practicable, affordable to households at 57 1/2% of the median-household income.
B.
Affordable housing units shall be priced or rented so that for every 20 low- and moderate-income units containing the same number of bedrooms sold or rented at a development, the units are affordable to low- and moderate-income households, as best as practicable, in the nine categories of median-household income, as follows:
Low Income | |
1 unit at 40% through 42.5% of median income | |
3 units at 42.6% through 47.5% of median income | |
6 units at 47.6% through 50% of median income | |
1 unit at 50.1% through 57.5% of median income | |
1 unit at 57.6% through 64.5% of median income | |
1 unit at 64.6% through 68.5% of median income | |
1 unit at 68.6% through 72.5% of median income | |
2 units at 72.6% through 77.5% of median income | |
4 units at 77.6% through 80% of median income |
§ 233-73 Annual indexed increases in rents or sales prices.
The price of an owner-occupied affordable housing unit and the rents of affordable housing units may be increased annually based on the annual percentage increase in the median household income.
§ 233-74 Affordable Housing Board established.
A.
B.
The Mayor shall appoint the Chairperson of the Board from among its members. The Board shall organize and conduct its activities under the supervision of the Mayor.
§ 233-75 Duties of the Affordable Housing Board.
A.
The Board shall be the administrative mechanism responsible for assuring that affordable housing units developed or rehabilitated in the Borough continue to remain affordable to low- and moderate-income households, as required by COAH regulations, N.J.A.C. 5:92-12.11.
B.
The Board shall design and implement an affirmative program to market the designated affordable housing units to eligible households in the Borough and its housing region, or the developer of the affordable housing units may, at its discretion, enter into an agreement with a nonprofit organization or a governmental agency to perform this duty.
C.
The Board shall issue, on an as-needed basis but at least annually, a call for applications for prospective purchasers and tenants of affordable housing in Norwood, particularly for resales and rentals.
D.
The Board shall screen and qualify prospective purchasers and tenants of designated affordable housing units, or the developer of the affordable housing units may, at its discretion, enter into an agreement with a nonprofit organization or a governmental agency to perform this duty.
E.
The Board shall review and comment to the Planning Board on the Developer's Affordable Housing Plan submitted with an application for development that provides for affordable housing units.
F.
The Board shall enforce the controls on resales and rerentals of designated affordable housing units.
G.
The Board shall, at a minimum, provide an annual written report to the Mayor, Borough Council and Planning Board on its activities and the progress and problems, if any, in providing affordable housing and assuring the continued affordability of this housing. The Board shall also prepare and submit the reports required by COAH, including the progress and summary reports on the actual experience of the Board's affirmative marketing program, as required by N.J.A.C. 5:92-15.2(g) and (h) and the annual monitoring report on the local housing rehabilitation program, as required by N.J.A.C. 5:92-17.2.
H.
The Board shall meet quarterly and may meet more frequently as needed. The Chairperson of the Board may call special meetings of the Board.
I.
The Board may adopt its own rules and guidelines, consistent with the provisions of this article and the regulations adopted by COAH, N.J.A.C. 5:92-1 et seq.
§ 233-76 Municipal Housing Officer.
The Municipal Housing Officer shall be appointed by the Mayor and shall serve as staff to the Affordable Housing Board. The Municipal Housing Officer may be a municipal employee or the Borough may enter into an agreement with a nonprofit organization, governmental agency, consultant or private entity to assist the Board in the performance of its duties.
§ 233-77 Affirmative marketing program.
A.
The Affordable Housing Board shall provide for the affirmative marketing of all affordable housing units, or the developer of the affordable housing units may, at its discretion, enter into an agreement with a nonprofit organization or a governmental agency to perform this responsibility by taking all appropriate steps which shall include but not be limited to:
(1)
Identifying representative groups operating in the Borough and its housing region, including community-based and civic organizations, councils of religious organizations, welfare and social service agencies, etc.
(2)
Marketing actively the affordable housing units with the assistance of these representative groups.
(3)
Ensuring that low- and moderate-income persons of all races and ethnic groups are informed of the affordable housing opportunities in the development, feel welcome to buy or rent such housing and have the opportunity to buy or rent such housing, subject only to the purchaser and tenant selection procedures defined in this article.
B.
The affirmative marketing program shall include publishing notices and display advertisements announcing the availability of the designated affordable housing units in newspapers of general circulation in the Borough and its housing region. It shall also include preparation and distribution of appropriate brochures. Notices shall also be published in newspapers, periodicals and other media aimed at black and Hispanic populations.
C.
The affirmative marketing program shall include advertising and other outreach activities realistically designed to reach:
(1)
Low- and moderate-income persons of all races and ethnic groups in municipalities in the Borough's housing region that have higher than statewide average proportions of blacks, Hispanics or low- and moderate-income households.
(2)
Low- and moderate-income persons of all races and ethnic groups who work in Bergen County but do not live within Bergen County.
D.
The affirmative marketing program shall begin at least 90 days before issuance of either temporary or permanent certificates of occupancy for an affordable housing unit and shall continue until all affordable housing units are under contract of sale or lease.
E.
The affirmative marketing program shall specify that applications for affordable housing units be submitted to the Board or to the designated nonprofit organization or governmental agency responsible for affirmative marketing for a specific development. The Board shall promptly transmit copies of any applications it receives to such an affirmative marketing entity.
F.
The Board shall develop and maintain a register of applicants for purchase or rental of affordable housing in Norwood. At least annually, the Board shall conduct an affirmative marketing program, as specified in this article, to establish and update this pool of applicants for affordable housing units that may become available through initial sales, initial rentals, resales or rerentals. The Board shall require annually in writing that applicants file with the Board, by a specified deadline (at least 30 days from the date of the Board's notice), current information on gross household income, in order for the Board to maintain its register of eligible applicants. The Board shall promptly notify all applicants in writing of their eligibility or ineligibility, with stated reasons for a finding of ineligibility.
§ 233-78 Occupancy preferences.
Affordable housing units shall be available to all income-eligible households, without any preference for place of residence or work.
§ 233-79 Purchaser and tenant selection procedures.
A.
The Affordable Housing Board shall screen and determine whether prospective purchasers and tenants qualify and are eligible for the designated affordable housing units built in a development within the Borough, unless the developer of the affordable housing units, at its discretion, enters into an agreement with a nonprofit organization or a governmental agency to perform this responsibility. The qualification criterion shall be gross household income.
B.
The Board or an entity performing this task on behalf of a developer shall also prequalify prospective purchasers of affordable housing units prior to submission of applications for mortgages and provide credit/debt counseling as needed.
C.
Prospective purchasers and tenants of affordable housing units shall be selected from the pool of eligible applicants on a random basis, and applicants shall be matched with available units appropriate to the household's size and income, within the constraints of the range of affordability of this article.
D.
The Board shall recommend eligible prospective purchasers to the developer of affordable housing units for purchase, unless the developer of the affordable housing units, at its discretion, enters into an agreement with a nonprofit organization or a governmental agency to perform this responsibility. The Board shall recommend eligible prospective tenants to the owner-manager of affordable housing units for rental. In any case, the purchaser and tenant selection mechanism shall be independent of the developer of sales units or owner of rental units.
E.
A housing applicant who declines three offers to lease or purchase units appropriate to the applicant's household size and income shall lose all preference and must submit a new application to the Board to again become eligible to purchase or lease affordable housing units.
§ 233-80 Developer's affordable housing plan.
The developer shall submit to the Planning Board and the Affordable Housing Board a developer's affordable housing plan that demonstrates compliance with the affordable housing requirements of this article, including the affirmative marketing, purchaser and tenant selection procedures and controls on affordability.
§ 233-81 Conversion of rental affordable housing.
Rental affordable housing units may be converted to condominium or cooperative units for sale after 10 years, but the prices of the converted units shall be established following the pricing procedures and standards of this article. Low-income rental units shall be converted to low-income sales units; moderate-income rental units may be converted to low-income or moderate-income sales units. Resale restrictions shall apply for at least a total of 25 years from the issuance of the certificate of occupancy of the unit or the date of closing and transfer of title for initial ownership of the unit, whichever is later.
§ 233-82 Procedures for resales.
A.
Persons wishing to sell affordable housing units after initial occupancy and during the period of controls on affordability shall notify the Borough Affordable Housing Board of the intent to sell and shall offer a contract of sale to the housing applicant selected by the Board, which shall follow the purchaser selection procedures of this article.
B.
If the housing applicant selected by the Board fails to enter a contract to purchase the unit at the permitted price within 10 days after being offered such a contract, then the seller shall request that the Board select randomly another eligible housing applicant. The seller may not independently obtain an income-eligible purchaser until the Board has exhausted its pool of eligible applicants.
C.
If no eligible buyer enters a contract of sale within 90 days of notice of intent to sell, the seller may apply to the Board for a hardship waiver and the Board shall have the option to purchase the affordable housing unit for the maximum price permitted based on the percentage increase in the median household income since the previous transfer of ownership. If the Board does not sign an agreement to purchase the unit within 30 days after the ninety-day notice period expires, the seller may apply to the Board for permission to offer the unit to a nonincome eligible household at the maximum price permitted. The Board may transfer this option to the New Jersey Department of Community Affairs, the New Jersey Housing and Mortgage Finance Agency or a qualified nonprofit organization designated by COAH. The seller shall document efforts to sell the unit to an income eligible household as part of this application for a hardship waiver. If this request is granted, the seller may offer a low-income unit to a moderate-income household and may offer a moderate-income unit to households with incomes in excess of 80% of the median income. In no case shall the seller be permitted to receive more than the maximum price permitted. In no case shall a resale under this section eliminate the resale controls on this unit or permit any subsequent seller to convey the unit, except in full compliance with the terms of this article and COAH regulations, N.J.A.C. 5:92. In all cases, the seller shall file a copy of the contract of sale with the Board within 10 days of its signing and shall file a copy of the deed with the Board within 10 days of the closing of title.
§ 233-83 Price increase for eligible capital improvements.
A.
Property owners of single-family, owner-occupied housing may apply to the Board for permission to increase the maximum resale price to account for eligible capital improvements. Eligible capital improvements shall only be those that render the unit suitable for a larger household. In no event shall the maximum price of an improved affordable housing unit exceed the limits of affordability for the larger household.
B.
At resale, all items of property which are permanently affixed to the unit and/or were included when the unit was initially restricted as to price (for example, refrigerator, range, washer, dryer, dishwasher and wall-to-wall carpeting) shall be included in the maximum allowable resale price. Other items of property may be sold to the purchaser at a reasonable price that has been approved by the Board at the time of the signing of the purchase agreement. Only the purchase of central air conditioning installed after the initial sale of the unit may be made a condition of the unit resale.
§ 233-84 Transfers of ownership or leases exempt from resales and rerental procedures.
A.
Five types of transfers of ownership or leases of an affordable housing unit shall be exempt from the resales and rerental procedures of this section:
(1)
Transfer between spouses.
(2)
Transfer between former spouses ordered as a result of a judicial decree of separation or divorce, but excluding transfers to third parties.
(3)
Transfer, upon death of the owner or tenant, to a family member who had resided in the unit by will or intestate succession.
(4)
Transfer of ownership through an executor's deed to any person.
(5)
Transfer of ownership by court order, if such order expressly renders the transfer exempt from these procedures.
B.
An exempt transfer of ownership or lease shall not, however, terminate the resale or rerental restrictions or existing liens on the property for any future transfers for the full term of the affordability controls.
§ 233-85 Procedures for rerentals.
A.
Owners of rental affordable housing units shall promptly notify the Borough Affordable Housing Board, in writing, of vacancies and prospective vacancies of designated affordable housing units. The Board shall then follow the tenant selection procedures of this section, select randomly and recommend a qualified prospective tenant to the owner within 30 days.
B.
Owners of low- and moderate-income rental units shall not offer rental units to nonincome eligible households without prior written approval of COAH and compliance with the requirements and procedures of the COAH regulations, N.J.A.C. 5:92-12.15(c), effective as of the date of adoption of this article.
§ 233-86 Reporting requirements for rental affordable units.
A.
The owner of rental affordable housing units shall notify the Borough Affordable Housing Board of the address of each affordable housing unit rented and the name of each new tenant within 10 days of making any lease for a unit.
B.
The owner of rental affordable housing units shall file with the Board an annual report no later than January 15 of each year, listing the following information for each unit, as of January 1 of such year:
§ 233-87 Rental of affordable units purchased and owned by low- and moderate-income households.
Designated affordable housing units purchased by low- and moderate-income households may not be rented without the prior written permission of the Board. Such affordable housing units may only be rented to eligible low or moderate-income household tenants selected and recommended by the Board.
§ 233-88 Location and design of affordable housing units.
A.
Affordable housing units shall be located at the same site as market-priced units in a development, equally and fairly interspersed throughout the entire development, not isolated from the market-priced units in any manner and situated in locations equally accessible to common open space, recreation and community facilities as market-priced units.
B.
The exterior design of affordable housing units shall be harmonious in scale, texture and materials with the market-priced units in a development and shall minimize any difference in their physical appearances.
§ 233-89 Construction phasing of market-priced and affordable housing units.
A.
Affordable housing units shall be built in accordance with the following phasing schedule in developments that combine market-priced and affordable housing units:
Minimum Percentage of Low and Moderate Units Completed | Percentage of Market-Priced Units Completed | |
|---|---|---|
0 | 25% | |
10 | 25% + 1 unit | |
50 | 50% | |
75 | 75% | |
100 | 90% | |
-- | 100% |
B.
A unit is deemed completed when its certificate of occupancy has been issued.
§ 233-89.1 Municipal Housing Liaison.
[Added 10-3-2006 by Ord. No. 06:16]
A.
Purpose. The purpose of this section is to create the administrative mechanisms needed for the execution of Norwood's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.
B. ADMINISTRATIVE AGENT BOROUGH MUNICIPAL HOUSING LIAISON
Definitions. As used in this section, the following terms shall have the meanings indicated:
The entity responsible for administering the affordability controls of some or all units in the affordable housing program for the Borough to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.
The Borough of Norwood.
The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Borough.
C.
Establishment of Municipal Housing Liaison position and compensation; powers and duties.
(1)
There is hereby established the position of Municipal Housing Liaison for the Borough.
(2)
Subject to the approval of the Council on Affordable Housing (COAH), the Municipal Housing Liaison shall be appointed by the Mayor and Council and may be a full- or part-time municipal employee.
(3)
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Borough, including the following responsibilities which may not be contracted out:
(a)
Serving as the Borough's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents, and interested households;
(b)
Monitoring the status of all restricted units in Borough's Fair Share Plan;
(c)
Compiling, verifying, and submitting annual reports as required by COAH;
(d)
Coordinating meetings with affordable housing providers and administrative agents, as applicable;
(e)
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH;
(4)
Subject to approval by COAH, the Borough may contract with or authorize a consultant, authority, government or any agency charged by the Mayor and Council, which entity shall have the responsibility of administering the affordable housing program of the Borough. If the Borough 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.
(5)
Compensation. Compensation shall be fixed by the Mayor and Council at the time of the appointment of the Municipal Housing Liaison.
(6)
Administrative powers and duties assigned to the Municipal Housing Liaison.
(a)
Affirmative marketing.
[1]
Conducting an outreach process to ensure affirmative marketing of affordable housing units in accordance with the Affirmative Marketing Plan of the Borough and the provisions of N.J.A.C. 5:80-26.15; and
[2]
Providing counseling or contracting to 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.
(b)
Household certification.
[1]
Soliciting, scheduling, conducting and following up on interviews with interested households;
[2]
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;
[3]
Providing written notification to each applicant as to the determination of eligibility or noneligibility;
[4]
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.;
[5]
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
[6]
Employing the random selection process as provided in the Affirmative Marketing Plan of the Borough when referring households for certification to affordable units.
(c)
Affordability controls.
[1]
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;
[2]
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;
[3]
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;
[4]
Communicating with lenders regarding foreclosures; and
[5]
Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
(d)
Resale and rental.
[1]
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
[2]
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.
(e)
Processing requests from unit owners.
[1]
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;
[2]
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
[3]
Processing requests and making determinations on requests by owners of restricted units for hardship waivers.
(f)
Enforcement.
[1]
Securing annually lists of all affordable housing units for which tax bills are mailed to absentee owners and notifying all such owners that they must either move back to their unit or sell it;
[2]
Securing from all developers and sponsors of restricted units, at the earliest point of contact 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;
[3]
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;
[4]
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;
[5]
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;
[6]
Establishing a rent-to-equity program;
[7]
Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls; and
[8]
Providing annual reports to COAH as required.
(g)
The administrative agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.
§ 233-89.2 Mandatory affordable housing set-aside.
[Added 8-11-2021 by Ord. No. 21:04]
A.
Except as otherwise regulated in this article, any multifamily residential development or redevelopment application in any zoning district proposing five or more new dwelling units will be required, in the case of for-sale projects, to set aside 20% of these units for affordable housing, and in the case of rental projects, to set aside 15% of these units for affordable to low- and moderate-income households.
B.
This requirement applies to all new multifamily residential developments of five or more units that become permissible through either a use variance, a density variance increasing the permissible density at the site, a rezoning permitting multifamily residential housing where not previously permitted, or new a development plan.
C.
This requirement does not apply to residential expansions, additions, renovations, replacements, or any other type of residential development that does not result in a net increase of five or more in the number of dwellings.
D.
This requirement does not give any developer the right to any rezoning, variance, or other relief, or establish any obligation on the part of the Borough to grant any rezoning, variance, or other relief. Property may not be permitted to be subdivided so as to avoid compliance with the requirements of this section.
E.
All affordable housing units built as required by this section will comply with the requirements of the Norwood Code relating to affordable housing and the Uniform Housing Affordability Controls, (N.J.A.C. 5:80-26.1 et seq.).