Conference/Public Meeting Agendas/Documents — Packet

DRAFT PROPOSED REVISIONS – OCTOBER 2011 1. Serving as West Orange's primary point of contact for all inquiries from the State, affordable housing providers, Administrative Agents, and interested households; 2. Monitoring the status of all restricted units in West Orange's Fair Share Plan; 3. Compiling, verifying, and submitting annual reports as required by COAH; 4. Coordinating meetings with affordable housing providers and Administrative Agents, as applicable; 5. Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH; 6. If applicable, serving as the Administrative Agent for some or all of the restricted units in West Orange. West Orange will 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 West Orange, except for those responsibilities which may not be contracted out as described above. If West Orange will contract 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. (Ord. No. 2250-09 § XVI) 25-18.16 Administrative Agent for West Orange's Affordable Housing Units. The affordability controls set forth in this section shall be administered and enforced by the Administrative Agent. The primary responsibility of the Administrative Agent shall be to ensure that the restricted units under administration are sold or rented, as applicable, only to low- and moderate-income households. a. The Administrative Agent shall create and shall publish in plain English, and in such other languages as may be appropriate to serving its client base, a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls, including procedures for long-term control of restricted units; for enforcing the covenants of N.J.A.C. 5:80-26.18 and for releasing restricted units promptly at the conclusion of applicable control periods. The Administrative Agent shall have authority to

enforcing the covenants of N.J.A.C. 5:80-26.18 and for releasing restricted units promptly at the conclusion of applicable control periods. The Administrative Agent shall have authority to take all actions necessary and appropriate to carrying out its responsibilities hereunder. The operating manual shall have a separate and distinct chapter or section setting forth the process for identifying applicant households seeking certification to restricted units, for reviewing applicant household eligibility, and for certifying applicant households in accordance with the household certification and referral requirements set forth in N.J.A.C. 5:80-26.16. b. The Administrative Agent shall establish and maintain a ready database of applicant households as a referral source for certifications to restricted units, and shall establish written procedures to ensure that selection among applicant households be via the database, and in accordance with a uniformly applied random selection process and all applicable State and Federal laws relating to the confidentiality of applicant records. c. The municipality in which restricted units are located shall select one or more Administrative Agents for those units. A municipality itself (through a designated municipal employee, department, board, agency or committee) may elect to serve as the Administrative Agent for some or all restricted units in the municipality, or the municipality may select HAS or an experienced private entity approved by the Division, the Agency or COAH to serve as Administrative Agent for some or all restricted units in the municipality. The foregoing approval by COAH or the Division is to be based on the private entity's demonstration of the 99

DRAFT PROPOSED REVISIONS – OCTOBER 2011 ability to provide a continuing administrative responsibility for the length of the control period for the restricted units. d. The Administrative Agent shall have the authority to discharge and release any or all instruments, as set forth in this section, filed of record to establish affordability controls. (Ord. No. 2250-09 § XVII) 25-18.17 Affirmative Marketing. 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. a. The Administrative Agent shall assure the affirmative marketing of affordable units. b. If the municipality does not designate a municipal staff person, it shall contract with other experienced Administrative Agents approved by COAH to administer the affirmative marketing plan. Where a municipality contracts with another Administrative Agent to administer the affirmative marketing plan, the municipality shall appoint a Municipal Housing Liaison who shall supervise the contracting Administrative Agent. In addition, where the contracting Administrative Agent is not responsible for the entire affirmative marketing plan, the municipality shall outline who or what municipal agent is responsible for the remaining portion of the affirmative marketing plan. The municipality has the ultimate responsibility for the proper administration of the affirmative marketing program, including initial sales and rentals and resales and rerentals. c. In implementing the affirmative marketing plan, Administrative Agents shall designate an experienced staff person approved by COAH to provide counseling services to low- and

tals. c. In implementing the affirmative marketing plan, Administrative Agents shall designate an experienced staff person approved by COAH 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. d. The affirmative marketing plan shall describe the media to be used in advertising and publicizing the availability of housing. In developing the plan, the Administrative Agent shall consider the use of language translations. e. The affirmative marketing process for available affordable units shall begin at least four (4) months prior to expected occupancy. f. Applications for affordable housing shall be available in several locations, including, at a minimum, the county administrative building and/or the county library for each county within the housing region; the municipal administrative building(s) and the municipal library in the municipality in which the units are located; and the developer's sales office. Applications shall be mailed to prospective applicants upon request. g. COAH shall review and assess the effectiveness of West Orange's affirmative marketing program. (Ord. No. 2250-09 § XVIII) 25-18.18 Household Certification and Referral; Related Project Information. No household may be referred to a restricted unit, or may receive a commitment with respect to a restricted unit, unless that household has received a signed and dated certification and has executed a certificate. 100

DRAFT PROPOSED REVISIONS – OCTOBER 2011 a. The sources of income considered by the Administrative Agent shall be the types of regular income reported to the Internal Revenue Service and which can be used for mortgage loan approval. b. If the applicant household owns a primary residence with no mortgage on the property valued at or above the regional asset limit as published annually by COAH, a certificate of eligibility shall be denied unless the applicant's existing monthly housing costs exceed thirty-eight (38%) percent of the household's eligible monthly income. c. The Administrative Agent shall employ a random selection process when referring households for certification to affordable units. (Ord. No. 2250-09 § XIX) 25-18.19 Enforcement of Affordable Housing Regulations. By submitting to the jurisdiction of COAH, a municipality shall be deemed to have delegated to its Administrative Agent the day-to-day responsibility for implementing practices and procedures designed to ensure effective compliance with the controls set forth in this section. The municipality, however, shall retain the ultimate responsibility for ensuring effective compliance with this section. a. Administrative Agent practices and procedures shall include, but shall not necessarily be limited to, the following: 1. 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. 2. Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates. 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. If the unit is owner-occupied, that the unit may be resold only to a household that has been approved in advance and in writing by the Administrative

of excess rent can be made. 4. If the unit is owner-occupied, that the unit may be resold only to a household that has been approved in advance and in writing by the Administrative Agent. 5. That no sale of the unit shall be lawful, unless approved in advance and in writing by the Administrative Agent, and that no sale shall be for a consideration greater than regulated maximum permitted resale price, as determined by the Administrative Agent. 6. That no refinancing, equity loan, secured letter of credit, or any other mortgage obligation or other debt secured by the unit may be incurred except as approved in advance and in writing by the Administrative Agent, and that at no time will the Administrative Agent approve any debt, if incurring the debt would make the total of all such debt exceed ninety-five (95%) percent of the then applicable maximum permitted resale price. 7. That the owner of the unit shall at all times maintain the unit as his or her principal place of residence, which shall be defined as residing at the unit at least two hundred sixty (260) days out of each calendar year. 8. That, except as set forth in N.J.A.C. 5:80-26.18(c)4vii, at no time shall the owner of the unit lease or rent the unit to any person or persons, except on a short-term hardship basis, as approved in advance and in writing by the Administrative Agent. 9. That the maximum permitted rent chargeable to affordable tenants is as stated in the notice required to be posted in accordance with N.J.A.C. 5:80-26.18(d)3, a copy of which 101

DRAFT PROPOSED REVISIONS – OCTOBER 2011 shall be enclosed, and that copies of all leases for affordable rental units must be submitted annually to the Administrative Agent. 10. No individual or owner shall permit any bank or other lending institution from issuing any loan secured by the real property subject to the affordability controls set forth in this section, if such loan would be in excess of amounts permitted by the restriction documents recorded in the deed or mortgage book in the County in which the property is located. (Ord. No. 2250-09 § XX) 25-18.20 Appeals. Appeals from all decisions of an Administrative Agent appointed pursuant to this ordinance shall be filed in writing with the Executive Director of COAH. (Ord. No. 2250-09 § XXI) 25-18.21 Accessory Apartments. a. Definition. Accessory apartment shall mean a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site. b. Conditions for Accessory Apartments as Conditionally Permitted Uses. 1. Conditions: Accessory apartments shall meet the following conditions: (a) The application submitted to the Construction Office shall include the following: (1) Name and address of owner. (2) Name, address, date of birth, income verification of the proposed occupant of the accessory unit (if known). (3) Floor plan of sketch (4) Current property survey. (b) Accessory apartments shall be allowed in all residential zones. (c) The minimum lot size and dimensional requirements shall be in accordance with the zone in which the property is located for accessory apartments constructed in new dwellings. (d) Accessory apartments may be created within existing single-family residences or accessory buildings, provided there is no expansion of the

new dwellings. (d) Accessory apartments may be created within existing single-family residences or accessory buildings, provided there is no expansion of the existing structure's exterior outline. (e) There shall be no more than one (1) accessory apartment per single-family dwelling on each lot. (f) The structures shall be in full compliance with all applicable health and construction codes. (g) Construction of accessory apartments shall be in full compliance with all applicable environmental regulations including West Orange Township's Stormwater Management Ordinance. 102

DRAFT PROPOSED REVISIONS – OCTOBER 2011 (h) Each accessory apartment shall be no larger than eight hundred fifty (850) square feet. It may not occupy more than thirty-five (35%) percent of the total square footage of the house. (i) Each accessory apartment shall have a minimum of two (2) rooms and provide living, sleeping, cooking and bathroom facilities. Direct access to the outside or a hall with direct access to the outside shall be provided. The access door shall not alter the character of the exterior facade of the house. (j) The occupant shall meet the established income limitations of the low- or moderate-income guidelines for West Orange. (k) The owner shall submit an affidavit of continuing use every two (2) years to the West Orange Township Clerk. (l) Parking shall be consistent with the parking requirements of West Orange. (m) West Orange acknowledges the need to provide its fair share of housing for low- and moderate-income households. Any property owner applying for an accessory apartment under this section shall affirmatively demonstrate that the accessory apartment is to be rented to and occupied by households meeting COAH's affordable housing criteria. (n) Accessory apartment rents shall be consistent with COAH rules. (o) Ten (10) year affordability controls shall be imposed via a deed restriction or other instrument acceptable to the Township Attorney and COAH. (p) In the event that the accessory apartment is located in a structure which is detached from the primary residence, the property owner shall explicitly affirm via deed restriction that the property may not be further subdivided to separate the accessory apartment and any associated land as a new building lot unless such subdivision can be accomplished in full accordance with West Orange Township's density requirements, minimum setbacks, dimensional requirements, and all other applicable subdivision constraints. (q) The property owner shall demonstrate that required deed

sity requirements, minimum setbacks, dimensional requirements, and all other applicable subdivision constraints. (q) The property owner shall demonstrate that required deed restrictions are properly filed with the Essex County Clerk's Office prior to issuance of zoning or building permits. (r) If, following completion of the ten (10) year affordability controls period, an accessory apartment constructed in accordance with this section of the West Orange Township Zoning Ordinance is no longer subject to COAH requirements or restrictions, the apartment shall be considered a permitted conditional use subject to the remaining conditions established within this ordinance section. (s) Accessory apartments shall be affirmatively marketed with random selection of the occupants. (Ord. No. 2251-09 § II) 25-18.22 Development Fees. a. Purpose. 1. In Holmdel Builder's Association 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 (the Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules. 103