ARTICLE I. Affirmative Marketing Plan back to top
[Adopted 11-27-2000]
§ 53-1. Fair share obligation. back to top
The Township of Alexandria in Hunterdon County has a fair share obligation of 42 units of which 22 is for new affordable housing opportunities. This article shall apply to accessory apartments within the Township of Alexandria.
§ 53-2. Marketing strategy; administration. back to top
The Township of Alexandria's 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 or number of children, to housing units which are marketed by the Township of Alexandria. This affirmative marketing plan addresses the requirements of N.J.A.C. 5:93-11 and will be administered by Fred A. Mayer, Housing Administrator, 555 County Rt. 513, Pittstown, NJ 08867, 908-996-4792, between 9:00 a.m. and 8:00 p.m.
§ 53-3. Housing Administrator's duties. back to top
The Township of Alexandria is ultimately responsible for administering the affirmative marketing program. The Township of Alexandria has delegated this responsibility to Fred A. Mayer, Housing Administrator, 555 County Rt. 513, Pittstown, NJ 08867, 908-996-4792, between 9:00 a.m. and 8:00 p.m. The Housing Administrator will income qualify low- and moderate-income households; place income eligible households in low- and moderate-income units upon initial occupancy; provide for the initial occupancy of low- and moderate-income units with income qualified households; continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls; assist with advertising and outreach to low- and moderate-income households (if applicable); and enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1.
§ 53-4. Discrimination; program requirements. back to top
In addition, the plan prohibits discrimination in the rental of housing on the basis of race, color, sex, religion, handicap, age, familial status/size, sexual orientation, or national origin. The Township of Alexandria is in the West Central housing region consisting of Hunterdon, Somerset and Middlesex counties. The affirmative marketing program shall meet the following requirements:
A. All newspaper articles, announcements and requests for applications for low- or moderate-income units shall appear in a newspaper of general circulation in the housing region and in the municipal tax bills.
B. The primary marketing shall take the form of at least one press release and one paid display advertisement. Additional advertising and publicity shall be on an as needed basis.
C. Applications for affordable housing shall be available from the Housing Administrator.
D. Applications shall be mailed to prospective applicants upon request.
E. Marketing shall commence at least 120 days before the issuance of a temporary or permanent certificate of occupancy.
§ 53-5. Tenant selection. back to top
The selection process requires that accessory apartments alternate between low- and moderate-income so that the 50/50 balance required by COAH is maintained. However, if no income qualified tenants from the appropriate income group are on the Township of Alexandria waiting list upon issuance of the certificate of occupancy, the apartment owner may rent to a qualified tenant from another income group. Applicants for accessory apartments living outside the housing region shall have an equal opportunity for units after applicants living within the housing region have been initially serviced in accordance with N.J.A.C. 5:93-11.7(b). A tenant's monthly rental obligation, whether a low income or moderate, shall be $735 for a one-bedroom unit and $882 for a two-bedroom unit, which is within the guidelines established by COAH.
ARTICLE II. Development Fee back to top
[Adopted 11-27-2000]
§ 53-6. Purpose. back to top
In Holmdel Builder's Ass'n v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27D-301 et seq., and the State Constitution subject to the Council on Affordable Housing's (COAH) adoption of rules. The purpose of this article is to establish standards for the collection, maintenance and expenditure of development fees pursuant to COAH's rules. Fees collected pursuant to this article shall be used for the sole purpose of providing low- and moderate-income housing. This article shall be interpreted within the framework of COAH's rules on development fees.
§ 53-7. Development fee. back to top
As part of the development approval process, the Township shall collect a fee on new residential development within the Township for the purpose of contributing to the costs associated with the Township's development program.
A. Residential development fee. Within all zones, developers shall pay a development fee of 1/2 of 1% of the equalized assessed value of each housing unit, provided no increase in density is permitted. In addition, the Township shall assess a development fee of 1/2 of 1% of the equalized assessed value of the improvement for any substantial improvement to an existing housing unit.
B. Exemptions.
(1) No fee will be assessed on the rehabilitation of substandard units or the construction of accessory apartments for occupancy by low- and moderate-income households.
(2) No fee will be assessed on any new affordable housing constructed within the Township in accordance with the rules and restrictions for such housing imposed by COAH.
(3) No fee will be assessed on construction by nonprofit organizations.
(4) Developers that have received preliminary or final approval prior to the effective date of this article shall be exempt from paying a development fee unless the developer seeks a substantial change in the approval.
(5) Any improvement to a residential unit that has an equalized value of $20,000 or less shall not be subject to the fee.
C. Collection of fees.
(1) Fifty percent of the calculated development fee shall be paid at the issuance of building permits. The development fee shall be estimated by the Construction Code Official prior to the issuance of building permits based on the estimated equalized assessed value of each new housing unit.
(2) The remaining fee shall be paid to the Township as a precondition of the issuance of a certificate of occupancy. Prior to the issuance of a certificate of occupancy, the Tax Assessor shall calculate the equalized assessed value or increase in equalized assessed value and the appropriate development fee. The remaining development fee shall be the difference between the fee calculated prior to the issuance of the certificate of occupancy and the amount paid at the time of the issuance of the building permit.
D. Housing trust fund.
(1) There is hereby created an interest-bearing housing trust fund bank account in the Summit Bank for the purpose of receiving development fees from residential developers. All development fees paid by developers pursuant to this article shall be deposited in this fund. No money shall be expended from the development fund unless the expenditure conforms to a spending plan approved by COAH.
(2) If COAH determines that Alexandria Township is not in conformance with COAH's rules on development fees, COAH is authorized to direct the manner in which all development fees collected pursuant to this article shall be expended. Such authorization is pursuant to this article, COAH's rules on development fees and the written authorization from the Township Committee to the designated bank.
E. Disposition and use of collected funds.
(1) Money deposited from the development fee in the Township's housing trust fund may be used for any activity approved by COAH for addressing the Township's low- and moderate-housing obligation. Such activities may include, but are not limited to, housing rehabilitation, the construction of accessory apartments, regional contribution agreements and the administrative costs necessary to implement the Township's development program. The expenditure of all money shall conform to a spending plan approved by COAH.
(2) At least 30% of the development fee revenues collected shall be devoted to render units more affordable. Examples of such activities include, but are not limited to, low-interest loans.
(3) No more than 20% of the revenues shall be expended on administrative costs necessary to develop, revise, or implement the housing element. Examples of eligible administrative activities include personnel, consultant services, space costs, consumable supplies, and rental or purchase of equipment directly associated with plan development or implementation.
(4) Development fee revenues shall not be expended to reimburse the Township of Alexandria for housing activities that preceded substantive certification.
F. Expiration of development fee article. This development fee article shall expire if:
(1) COAH dismisses or denies Alexandria Township's petition for substantive certification.
(2) COAH revokes substantive certification or its certification of this development fee article.
(3) Substantive certification expires prior to Alexandria Township's filing with COAH an adopted housing element, petitioning for substantive certification or receiving COAH's approval of this development fee article.
ARTICLE III. Rehabilitation Program back to top
[Adopted 11-27-2000]
§ 53-8. Administration. back to top
The Township rehabilitation program shall be administered by a Committee-appointed Housing Administrator, in conjunction with the Township Building Subcode Official, who will be responsible for all building inspections. The Administrator will insure that the program complies with the requirements of the Township's affordable housing plan and with applicable COAH regulation.
§ 53-9. Notification. back to top
The Housing Administrator shall notify homeowners of the Township of the availability and terms of the program by way of a Township-wide mailing or whatever other method insures that homeowners are informed about the rehabilitation program.
§ 53-10. Eligibility. back to top
Repairs or replacement of major systems (roof, plumbing, wells, heating, electric, sanitary, septic systems, windows, and load bearing structural systems) shall be eligible for funding under the Township's rehabilitation program.
§ 53-11. Average funding. back to top
The average funding per unit shall be $8,000 for hard costs for repairs and $2,000 for administrative costs.
§ 53-12. Noninterest-bearing loan. back to top
Rehabilitation work will be funded by a noninterest-bearing loan, repayable at the sale or transfer of the property.
§ 53-13. Qualifications. back to top
To qualify for the program, homeowners must submit an application providing income information, and they must meet the income requirements established by COAH in effect at the time of their application.
§ 53-14. Applications; determination of eligibility. back to top
Applications and supporting documents shall be submitted to the Housing Administrator for review and income qualified. The Building Subcode Official shall do an initial inspection of the home to determine if the type and extent of repairs needed meets the requirements of the program. Once the inspection is completed, the Housing Administrator will determine final eligibility for the program based on current funding available.
§ 53-15. Inspections. back to top
All repair work will be inspected by the Township Building Subcode Official, as needed, including a final inspection and sign off of the job.
§ 53-16. Maintenance. back to top
As part of the Township/homeowner agreement, the homeowner agrees to maintain the affordability of the rehabilitated unit for a period of not less than six years, during which time he may continue to occupy the unit or may sell or rent the unit, but only to another income-qualified household.