Zoneomics Logo
search icon

Upper Township City Zoning Code

§ 20-14.4

Affirmative Marketing Plan.

[Ord. No. 011-2018]
a. 
In accordance with the rules and regulations pursuant to N.J.A.C. 5:94 et seq. and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq., the Township of Upper adopts the following as an affirmative marketing plan.
1. 
All affordable housing units shall be marketed in accordance with the provisions herein.
2. 
The Township of Upper has an affordable housing obligation. This subsection shall apply to all developments that contain proposed low- and moderate-income units and any future developments that may occur.
3. 
In implementing the affirmative marketing program, the Municipal Housing Liaison shall undertake all of the following strategies:
(a) 
Publication of one advertisement in a newspaper of general circulation within the Housing Region.
(b) 
Broadcast of one advertisement by a radio or television station broadcasting throughout the Housing Region.
(c) 
At least one additional regional marketing strategy using one of the other sources listed below.
4. 
The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children, to housing units which are being marketed by a developer or sponsor of affordable housing. The affirmative marketing plan is also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward the COAH Housing Region in which the municipality is located and covers the period of deed restriction. The Township of Upper is in the Housing Region 6 consisting of Atlantic, Cape May, Cumberland and Salem Counties. The affirmative marketing program is a continuing program and shall meet the following requirements:
(a) 
All newspaper articles, announcements and requests for applications for low- and moderate-income units shall appear in the following daily regional newspaper/publication:
(1) 
The Atlantic City Press.
(2) 
The Herald Times.
(b) 
The primary marketing shall take the form of at least one press release sent to the above publication and a paid display advertisement in the above newspaper. Additional advertising and publicity shall be on an "as needed" basis. The developer shall disseminate all public service announcements and pay for display advertisements. The developer shall provide proof of publication to the Housing Administrator. The Housing Administrator shall approve all press releases and advertisements in advance. The advertisement shall include a description of the:
(1) 
Location of the units;
(2) 
Direction to the units;
(3) 
Range of prices for the units;
(4) 
Size, as measured in bedrooms, of units;
(5) 
Maximum income permitted to qualify for the units;
(6) 
Location of applications;
(7) 
Business hours when interested households may obtain an application; and
(8) 
Application fees, if any.
(c) 
All newspaper articles, announcements and requests for applications for low- and moderate-income housing shall appear in the following neighborhood-oriented weekly newspapers within the region:
(1) 
Atlantic City Press.
(2) 
Cape May County Herald.
(3) 
The Herald Times.
(d) 
The following regional cable television station or regional radio station shall be used. The developer must provide satisfactory proof of public dissemination:
(1) 
South Jersey News Channel.
(2) 
New Jersey 101.5 FM.
(3) 
WNJZ 90.3 Public Radio (WHYY).
(e) 
The following is the location of applications, brochure(s), sign(s) and/or poster(s) used as part of the affirmative marketing program:
(1) 
Township of Upper Municipal Building.
(2) 
Cape May County Public Library and Branches.
(3) 
Upper Township Web site.
(4) 
Developer's sales office.
(5) 
Municipal libraries and municipal administrative buildings in the region.
(6) 
Cape May County Office of Municipal and County Government Services.
(7) 
Cape May County Housing Authority.
(f) 
The following is a listing of community contact person(s) and/or organizations(s) in Atlantic, Cape May, Cumberland and Salem that will aid in the affirmative marketing program with particular emphasis on contracts that will reach out to groups that are least likely to apply for housing within the region:
(1) 
Lions Club.
(2) 
Habitat for Humanity.
(3) 
Rotary Club.
(4) 
Houses of worship.
(5) 
New Jersey Housing Resource Center.
(6) 
Fair Share Housing Center.
(7) 
The New Jersey State Conference of the NAACP.
(8) 
Latino Action Network.
(9) 
Mainland/Pleasantville, Mizpah, Atlantic City and Cape May County branches of the NAACP.
(g) 
Quarterly flyers and applications shall be sent to each of the following agencies for publication in their journals and for circulation among their members:
(1) 
Atlantic County Board of Realtors.
(2) 
Cape May County Board of Realtors.
(3) 
Cumberland County Board of Realtors.
(4) 
Salem County Board of Realtors.
5. 
Applications shall be mailed to prospective applicants upon request. Also, applications shall be available at the developer's sales/rental office.
6. 
Additionally, quarterly informational circulars and applications shall be sent to the chief administrative employees of each of the following agencies in the counties of Atlantic, Cape May, Cumberland and Salem:
(a) 
Welfare or social services board.
(b) 
Rental assistance office (local office of DCA).
(c) 
Office on Aging.
(d) 
Housing Agency or Authority.
(e) 
Library.
(f) 
Area community action agencies.
7. 
A random selection method to select occupants of low- and moderate-income housing will be used by the Municipal Housing Liaison, in conformance with N.J.A.C. 5:80-26.16 (1).
b. 
The Municipal Housing Liaison is the person responsible to administer the program. The Municipal Housing Liaison 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 outreach to low- and moderate-income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:80-26. The Municipal Housing Liaison within the Township of Upper is the designated housing officer to act as liaison to the Township Administrator. Also, the Municipal Housing Liaison shall direct qualified low- and moderate-income applicants to counseling services on subjects such as budgeting, credit issues, mortgage qualifications, rental lease requirements and landlord/tenant law.
c. 
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.
d. 
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-income housing units are initially occupied and for as long as affordable units are deed restricted and occupancy or reoccupancy of units continue to be necessary.
e. 
The Municipal Housing Liaison will comply with monitoring and reporting requirements as per N.J.A.C. 5:80-26.