[Added 4-26-1993 by Ord. No. 15-93]
It is the intent of this article to regulate the development and management of low- and moderate- income housing units constructed in compliance with the Housing Element of the Master Plan of the Township of Jackson.
As used in this article, the following terms shall have the meanings indicated:
AFFORDABLE HOUSING ADMINISTRATOR (AH ADMINISTRATOR) The Township Planner of the Township of Jackson, other municipal official(s) and/or designee(s) appointed or contracted by the Township Committee of the Township of Jackson to administer the compliance and/or implementation of the Township's affordable housing plan.
DEVELOPER'S AFFORDABLE HOUSING PLAN A plan submitted by the developer and approved by the Affordable Housing Administrator which shall identify the manner in which the developer plans to develop, price, market and restrict the low- and moderate-income dwelling units in accordance with this article.
EXEMPT SALES Includes the transfer of ownership between husband and wife and transfers of ownership between former spouses as a result of a judicial decree of divorce or a judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a Class A beneficiary and a transfer of ownership by court order.
FAIR MARKET VALUE The unrestricted price of a low- or moderate-income housing unit if sold at a current real estate market rate.
INCLUSIONARY DEVELOPMENT A residential housing development in which a percentage of the housing units are reserved for low- and moderate-income households.
LOW-INCOME HOUSING Housing affordable according to Council on Affordable Housing (COAH) standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the house is located and subject to affordability controls.
MODERATE-INCOME HOUSING Housing affordable according to Council on Affordable Housing (COAH) standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income of more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the house is located and subject to affordability control.
PRICE DIFFERENTIAL The difference between the controlled unit sale price and the fair market value as determined at the date of the proposed contract of sale after reasonable real estate broker fees have been paid.
REPAYMENT CLAUSE Obligation of a seller exercising the repayment option to pay 95% of the price differential to a municipality at closing for use within the municipal housing plan.
REPAYMENT OPTION The option of a seller of a low- or moderate-income unit to sell a unit pursuant to N.J.A.C. 5:92-12.7 at a fair market value subject to compliance with the terms of the repayment clause.
SET-ASIDE The percentage of housing units devoted to low- and moderate-income households within an inclusionary development.
UNIT COMPLETION The receipt of any temporary or final certificate of occupancy.
A. Low- and moderate-income housing required.
(1) Developers of the affordable housing (AH) sites, as designated on the Zoning Map of the Township of Jackson, Ocean County, New Jersey, shall be required to set aside the number of affordable units specified in any existing valid approval or in accordance with the following schedule:
(2) In addition to the set-aside requirements above, the developers of affordable housing (AH) sites shall be subject to the requirements of the underlying zoning of the respective site set forth in Article X.
B. Fee required. Prior to the issuance of a certificate of occupancy for an affordable housing unit, the developer of affordable housing sites shall pay a fee to the Township to offset the costs of the services of the Affordable Housing (AH) Administrator. Said fee shall be the prevailing fees charged by the Affordable Housing Management Service of the New Jersey Department of Community Affairs for such services.
C. Affordable Housing Administrator (AH Administrator). [Added 3-17-1994 by Ord. No. 6- 94]
(1) The Township shall appoint an Affordable Housing Administrator ("AH Administrator") to monitor sales and resales of affordable housing units.
(2) Initial sales and rental transactions as well as all resale and re-rental transactions of affordable housing units within the inclusionary developments shall be administered by the Jackson Township AH Administrator under this chapter.
(3) Jackson Township may delegate the administration of duties named in § 244-225E to the Department of Community Affairs Affordable Housing Management Service (AHMS), a nonprofit organization or another qualified entity. Such delegation must be approved by the Jackson Township Committee.
A. Building permits. No building permit(s) shall be issued for any development within an affordable housing (AH) site without the submission and approval of a developer's affordable housing plan by the AH Administrator.
B. Bedroom distribution. [Amended 3-17-1994 by Ord. No. 6-94]
(1) Non-age-restricted AH sites. Affordable housing units within AH sites that are not restricted to senior citizens shall have the following distribution of bedroom types:
(a) At a minimum, 35% of all low- and moderate-income units shall be two-bedroom units;
(b) At a minimum, 15% of low- and moderate-income units shall be three-bedroom units; and
(c) No more than 20% of all low- and moderate-income units may be efficiency units.
(2) Age-restricted AH sites. Low- and moderate-income units restricted to senior citizens may utilize a modified bedroom distribution. At a minimum, the number of bedrooms shall equal the number of senior citizen low- and moderate-income units within the inclusionary development. The standards can be met by creating all one-bedroom units or by creating a two-bedroom unit for each efficiency unit.
C. Unit location. Affordable housing units shall be situated on the development tract in locations no less desirable than market-priced dwelling units within the development and shall be equally accessible to common open space, community facilities and shopping facilities.
D. Phasing. Approval of the developer's affordable housing plan shall be contingent upon the development, whether developed in one stage or in two or more stages, meeting the following phasing schedule:
E. Occupancy selection.
(1) The AH Administrator shall designate an application period during which applications to purchase or rent affordable housing units will be accepted.
(2) Applications shall be accepted only if submitted on an application form prepared and/or approved by the AH Administrator. Applications shall be completely filled out and notarized. Knowingly or intentionally making any false statement on a form shall be grounds for disqualifying an applicant even if the applicant is otherwise eligible. The following information shall be required:
(a) A copy of IRS Form 1040A or 1040EZ (Tax Computation Form) for each of the three years prior to the date of the application.
(b) A letter from all employers stating present annual income or four consecutive pay stubs dated within 120 days of the interview date.
(c) A letter or appropriate reporting form verifying benefits, including but not limited to social security or pension.
(d) A letter or appropriate reporting form verifying any other sources of income claimed by the applicant household.
(e) Reports that verify income from assets to be submitted by banks or other financial institutions managing trust funds, money market accounts, stocks or bon ds.
(f) Reports that verify assets that do not earn regular income such as real estate and savings with delayed earnings provisions.
(3) The AH Administrator shall determine whether the applicant meets the income and other requirements established in these regulations. The review process for a prospective purchaser shall involve a credit background report; to be an eligible applicant, the applicant shall have an acceptable credit history such that there is a realistic possibility that he will be approved for a mortgage.
(4) The AH Administrator will determine which eligible applicants shall be offered the opportunity to purchase or rent affordable housing units. Selection from among the eligible applicants shall be on a random basis, subject only to that size of household priority schedule established in Subsection E(6) below. [Amended 3-17-1994 by Ord. No. 6-94]
(5) In the event that an application is determined by the AH Administrator to be ineligible for a low- or moderate-income unit, the applicant may request reconsideration by the AH Administrator. Such request shall be made in writing within 10 days of receipt of notice of ineligibility by the applicant. The AH Administrator shall make a new eligibility determination and provide the applicant with specific findings as to the basis for such eligibility determination. [Added 3-17-1994 by Ord. No. 6-94]
(6) Size of household priority.
(a) A household of the size provided for in this subsection shall have priority over households with a lesser number of persons for one-bedroom, two-bedroom and three-bedroom units:
[1] Three-bedroom: four or more persons [a household of more than four shall be treated the same as a household of four].
[2] Two-bedroom: three per sons.
[3] One-bedroom: two persons.
(7) Waiting list. The AH Administrator may establish a waiting list for the remaining eligible applicants. After all the units are occupied, the AH Administrator may choose to accept new applications. If an applicant is deemed eligible, the applicant shall be placed on the waiting list at the bottom of the particular priority classification for which the applicant qualifies. The AH Administrator shall periodically recertify the applicants on the waiting list to ensure that the list remains current and that the applicants are still qualified for the units to which they applied.
F. Income eligibility standards.
(1) Income eligibility ceilings for low- and moderate-income units for various sized households shall be established by the AH Administrator based upon United States Department of Housing and Urban Development Uncapped Median Income by Family Size for Ocean County and as adopted by COAH. No applicant with a household income in excess of these ceilings shall be eligible to rent or purchase the low- and moderate-income units.
(2) Upon annual adoption of updated income standards by COAH, the AH Administrator shall modify its income eligibility ceilings accordingly.
(3) For purposes of determining income and eligibility, the AH Administrator shall consider:
(a) All sources of income, whether taxable or nontaxable, including social security and pensions.
(b) Imputed income. For the purpose of determining eligibility and rents, interest on the present value of real property and extraordinary personal property owned by the applicant shall be imputed and deemed additional income. Interest shall be imputed at the average interest rate on money market accounts in the region as determined by the AH Administrator.
(c) The income and assets of all members of the household as well as the income and assets of any individual who is expected to occupy the unit for which the household is seeking to qualify shall be included in the determination of eligibility and of rents. The form used for verification of household income shall include an affidavit attesting that the application contains the complete income of all current or anticipated household members.
G. Initial sales and rental prices.
(1) All units offered for sale or rent are to be affordable to a cross section of low- and moderate- income households. With respect to low-income households, that shall include households earning between 40% and 50% of median, adjusted for household size. With respect to moderate-income households, that shall include households earning between 50% and 80% of median, adjusted for household size.
(2) For affordable housing within an AH site, the average selling price of units in each unit size category shall not exceed a price affordable to a household earning 57.5% of median, adjusted for household size.
(3) In order to ensure that units within an AH site are affordable throughout the range set forth in Subsection G(1) above, the developer shall establish a range of stratified prices of sales units for the low-and moderate-income units, for each unit size. The developer shall provide, to the extent practicable, for the following distribution of sales prices for every 20 low- and moderate-income units; the average of the range shall not exceed the levels set forth in Subsection G(2) above.
(a) Low.
[1] One at 40% through and 42.5%.
[2] Three at 42.6% through and 47.5%.
[3] Six at 47.6% through 50%.
(b) Moderate.
[1] One at 50.1% through and 57.5%.
[2] One at 57.6% through and 64.5%.
[3] One at 64.6% through and 68.5%.
[4] One at 68.6% through and 72.5%.
[5] Two at 72.6% through and 77.5%.
[6] Four at 77.6% through and 80.0%.
(4) Sales prices shall be considered affordable where the household purchasing the unit will not spend more than 28% of gross household income, after a 10% down payment, including the monthly principal, interest, taxes, insurance and homeowners' association fees, if any. In making these calculations, the following considerations shall govern:
(a) Mortgage payments shall be determined on the basis of a thirty-year fixed-rate mortgage at the prevailing interest rates obtainable from at least two major lenders active in Ocean County;
(b) Property taxes shall be determined by applying the equalized property tax rate in Jackson Township currently in effect to the proposed selling price of the unit;
(c) The developer shall use the best available assumptions to determine the insurance and homeowners' association fees to be applied to the units, subject to the approval of the AH Administrator as to reasonableness only for use in this calculation.
(d) Homeowners' association fees shall be set at a specific percentage of those paid by market purchasers. This percentage must be included in the master deed of any inclusionary development.
(5) Rental prices shall be considered affordable where the household renting the affordable housing unit will not spend more than 30% of gross household income for rent, including utilities. Maximum rent shall be calculated as a percentage of the regional median income adopted by the COAH that applies to the rental housing unit. The allowance for utilities shall be the personal benefit allowance for utilities as defined by the Department of Housing and Urban Development (HUD).
(6) At least half of all units devoted to low- and moderate-income households within inclusionary developments shall be affordable to low-income households. At least half of all units in each bedroom distribution and half of all rental units in inclusionary developments shall be available for low-income households.
H. Procedure for resale transaction prior to expiration of controls.
(1) All resale transactions of affordable housing units shall be administered by the AH Administrator. From the date on which the AH Administrator receives a notice of intent to sell by the owner of a low- and moderate-income unit, the AH Administrator shall have the exclusive right to refer prospective purchasers to that unit for a period of 90 days unless waived in writing. In the event that a contract for the unit is executed within the ninety-day period set above and the prospective buyer is unable to close, the period during which the AH Administrator shall have the exclusive right to market the unit is automatically extended for a period of 21 days from the date it is notified of the buyer's inability to close.
(2) In the event that no contract has been entered into for the unit at the end of a ninety-day period, the owner of the unit may seek approval from the AH Administrator to sell the unit directly. The AH Administrator may authorize the applicant to sell the unit as follows. However, if the AH Administrator determines that the failure to enter into a contract was the result of negligence, absence of good-faith effort or lack of cooperation on the part of the seller, the AH Administrator shall require the applicant to attempt to sell the unit for an additional ninety-day period.
(a) In the case of a low-income unit, to a low- or moderate-income buyer; or
(b) In the case of a moderate-income unit to a buyer whose income does not exceed 120% of median.
(c) Any subsequent sale shall be fully subject to the resale restrictions contained in these regulations. The deed to the above income purchaser shall specifically contain a deed restriction establishing that it is subject to all the affordability controls outlined in this article.
I. Calculation of resale price. The resale price of the affordable housing unit shall be the base price increased pursuant to Subsection I(1) and (2) below.
(1) Percentage increase in household income. The price approved by the AH Administrator at which the seller acquired the property shall be the base price. The base price shall be multiplied by 100% plus the percentage increase in the HUD uncapped median income by family size for Ocean County from the time of acquisition of the property to the date that notice of intent to sell is given to the AH Administrator. For example, if the base price is $30,000 and the median income at the time of the initial acquisition is $32,000 and, at the time of the resale transaction, the median income has increased 25% to $40,000, then the resale price is as follows:
(2) Improvements.
(a) In addition, the seller shall be entitled to add to the selling price of the unit the cost of an eligible capital improvement to the affordable housing unit which pursuant to N.J.A.C. 5:92-12.8 renders the unit suitable for a larger household.
(b) Upon request of an owner of an affordable housing unit, the AH Administrator shall consider within 30 days whether to grant prior approval of an improvement and to approve a specific dollar amount up to the amount actually upended for that improvement.
J. Exempt sales.
(1) The following transactions shall be deemed nonsales for the purpose of this article. The owner of the affordable unit shall be entitled to a statement of exemption from the AH Administrator upon application.
(a) Transfer of an affordable housing unit between husband and wife.
(b) Transfer of ownership of an affordable housing unit between former spouses as a result of a judicial decree, judgment or order of divorce, but not including sales to third parties.
(c) Transfer of ownership of an affordable housing unit as a result of inheritance.
(d) Transfer of ownership of an affordable housing unit through an order of the Superior Court.
(2) A grant of exemption shall not eliminate the resale control restriction set forth in these regulations. Any subsequent sale shall be subject to all of the terms of these regulations.
K. Rental increases. All rerental transactions shall be administered by the AH Administrator. The rents of affordable housing units may increase annually based on the percentage increase in median income for the Ocean County housing region as determined from the uncapped Section 8 income limits, published by HUD, or other recognized standard adopted by the COAH that applies to the rental housing unit.
L. Rental of low- and moderate-income sales unit. No owner of an affordable housing unit may lease the unit to a tenant without prior written approval of the AH Administrator. Such approval shall not be granted except when justified by particular and unusual circumstances. An owner seeking such approval shall submit a written request to the AH Administrator setting forth the particular circumstances of the case, including the reasons for the request to rent, the proposed duration of the tenancy and certification that the proposed tenant is a qualified low- or moderate-income household. In the event that the AH Administrator approves the request, it shall notify the owner of the unit. The owner shall rent the unit only to a qualified low- or moderate-income tenant for the period approved by the AH Administrator at a rent affordable to a low- or moderate-income tenant, whichever is applicable.
M. Conversion of rental units to sales units. Rental units may be converted for sale as condominium, cooperative or fee simple units, but any sale of converted units shall continue to be restricted to persons meeting the income eligibility standards as set forth in this article unless COAH requires otherwise. No rental unit which is part of the rental component of the Township's Housing Element and Fair Share Plan shall be converted to a condominium, cooperative or sale unit without approval of the court.
N. Exemption from rent control ordinances. All rental units, both market and affordable, shall not be subject to any rent control ordinance which may be adopted in the Township of Jackson during the time period in which affordable housing price controls are effective.
O. Duration of controls.
(1) Except as otherwise provided in these regulations, all units for sale or resale subject to the provisions of this article shall be subject to resale and rental controls for a period of 20 years from the date of acquisition of the unit by the initial purchaser or lessee.
(2) All units for owner-occupied rehabilitation subject to the Jackson Township Housing Rehabilitation Program shall be subject to affordability controls for a period of six years.
(3) All lower-income dwelling units shall be covered by covenants to ensure that in all initial sales and rentals, and in all subsequent resales and rerentals, the units will continue to remain available and affordable to the lower-income households for which they were intended for the period specified in this subsection in accordance with the requirements and standards established by COAH.
P. Expiration of controls. The restrictive covenant governing the deeds of the low- and moderate- income units shall include an option permitting purchase of the affordable unit at the maximum allowable restricted sales price at the time of the first nonexempt sale after controls on affordability have been in effect on the unit for the period specified in this article subject to the requirements set forth below. The option to buy shall be available to Jackson Township, the New Jersey Department of Community Affairs (DCA), the New Jersey Housing and Mortgage Finance Agency (HMFA) or a qualified nonprofit organization as determined by the New Jersey Council on Affordable Housing (COAH). All restrictive covenants governing low- and moderate- income units shall require the owner to notify the AH Administrator by certified mail of any intent to sell the unit 90 days prior to entering into an agreement for the first nonexempt sale after controls have been in effect on the housing units for the period specified in this article. Upon receipt of such notice, the option to buy the unit at the maximum allowable restricted sales price shall be available for 90 days. The AH Administrator shall notify the Jackson Township Committee, DCA, HMFA and COAH that the unit is for sale. If the Township exercises this option, it may enter into a contract of sale. If the Township fails to exercise this option within 90 days, the first of the other entities giving notice to the seller of its intent to purchase during the ninety-day period shall be entitled to purchase the unit. If the option to purchase the unit at the maximum allowable restricted sales price is not exercised by a written intent to purchase, the owner may proceed to sell the housing unit. If the owner does not sell the unit within one year of the date of the delivery of notice of intent to sell, the option to buy the unit shall be restored and the owner shall be required to submit a new notice of intent to sell 90 days prior to any future proposed date of sale. Any option to buy a housing unit at the maximum allowable restricted sales price shall be exercised by certified mail and shall be deemed exercised upon mailing.
(1) Jackson Township option.
(a) If the Township elects to purchase a low- or moderate-income unit pursuant to this article:
[1] It may convey or rent the housing unit to a low- or moderate-income purchaser or tenant at a price or rent not to exceed the maximum allowable restricted sales price or rental for a period of up to 20 years.
[2] It may convey the unit at fair market value subject to the deposit of the "price differential" as defined in § 244-223 in the Jackson Township Housing Trust Fund devoted solely to the creation, rehabilitation or maintenance of low- and moderate- income housing.
[3] Money placed in the Jackson Township Housing Trust Fund may not be expended pursuant to Subsection P(1)(a)[2] above until a plan for its use is developed and approved by the Township Committee and the court.
(b) In the event that the Township purchases low-income housing units, the Township shall maintain them as low-income housing units.
(c) In the event that the Township elects to purchase low- or moderate-income housing units and convey them at fair market value, the Township shall:
[1] Notify the COAH and the court of any proposed sale and resale price 90 days before closing;
[2] Notify COAH and the court of the price differential;
[3] Deposit the price differential in the Jackson Township Housing Trust Fund devoted solely to the creation, rehabilitation or maintenance of low- and moderate-income housing; and
[4] Notify COAH and the court by February 1 of each calendar year of the existing balance within the Jackson Township Housing Trust Fund.
(2) State option. When the DCA or HMFA elects to purchase a low- or moderate-income unit pursuant to this section, it may:
(a) Convey or rent the housing unit to a low- or moderate-income purchaser or tenant at a price or rent not to exceed the allowable restricted sales price or rental; or
(b) Convey the unit at fair market value and utilize the price differential to subsidize the construction, rehabilitation or maintenance of low- and moderate-income housing within the appropriate housing region.
(3) Nonprofit option. Nonprofit agencies that have been designated by COAH shall be eligible to purchase low- or moderate-income units pursuant to this section for the sole purpose of conveying or renting the housing unit to a low- or moderate-income purchaser or tenant at a price or rent not to exceed the allowable restricted sales price or rental. Low-income units shall be made available to low-income purchasers or tenants, and the housing unit shall be regulated by the restrictive covenant and lien in a form adopted by COAH. The term of the controls on affordability shall be the same as those required by this article.
(4) Seller's option.
(a) An eligible seller of a low- or moderate-income sales unit which has been controlled for at least 20 years and who has provided notice of an intent to sell may proceed with the sale if no eligible entity as outlined in Subsection P(1), (2) or (3) above exercises its option to purchase within 90 days.
(b) Subject to other applicable requirements of this article, the seller may elect to:
[1] Sell to a qualified low- or moderate-income household at the controlled unit sales price in accordance with existing COAH rules, provided that the unit is regulated by the restrictive covenant and lien adopted by COAH for an additional period of 20 years; or
[2] Exercise the repayment option and sell to any purchaser at market price, provided that 95% of the price differential is paid into the Jackson Township Housing Trust Fund at closing.
(c) If the sale will be to a qualified low- and moderate-income household, the AH Administrator shall certify the income qualifications of the purchaser and the Township shall ensure that the housing unit is regulated by the restrictive covenant and lien as required by COAH.
(d) The AH Administrator shall examine any contract of sale containing a repayment option to determine if the proposed sales price bears a reasonable relationship to the housing unit's fair market value. In making this determination, the AH Administrator may rely on comparable sales data or an appraisal. The AH Administrator shall not approve any contract of sale where there is a determination that the sales price does not bear a reasonable relationship to fair market value. The AH Administrator shall make a determination within 20 days of receipt of the contract of sale and shall calculate the repayment option payment.
(e) The Township shall also adopt an appeal procedure by which a seller may submit written documentation requesting the AH Administrator to recompute the repayment obligation if the seller believes an error has been made or to reconsider a determination that a sales price does not bear a reasonable relationship to fair market value. A repayment obligation determination made as a result of an owner's appeal shall be final administrative determination of the Township. [Added 3-17-1994 by Ord. No.6-94]
(f) The repayment shall occur at the date of closing and transfer of title for the first nonexempt transaction after the expiration of controls on affordability. Repayment proceeds shall be deposited in the Jackson Township Housing Trust Fund devoted solely to the creation, rehabilitation or maintenance of low- and moderate-income housing. Money deposited in the Jackson Township Housing Trust Fund may not be expended until a plan for its use is developed and approved by the Township and COAH.
(5) Continued application of options. When a housing unit has been maintained as a low- or moderate-income unit after controls have been in effect for the period specified in this article, the restrictive covenant governing the housing units shall allow the Township, the state, nonprofit agencies and sellers of low- and moderate-income units to again exercise all the same options as provided in this article.
Q. Foreclosure.
(1) A judgment of foreclosure or a deed in lieu of foreclosure by a financial institution regulated by state and/or federal law shall extinguish controls on affordable housing units, provided that there is a compliance with N.J.A.C. 5:92-12.10. Notice of foreclosure shall allow the Township, the Department of Community Affairs, the Housing and Mortgage Finance Agency or a nonprofit organization to purchase the affordable housing unit at a maximum permitted sales price and maintain it as an affordable unit for the balance of the intended period of control.
(2) In the event of a foreclosure sale, the owner of the affordable housing unit shall be personally obligated to pay the Township any surplus funds but only to the extent that such surplus funds exceed the difference between the maximum price permitted at the time of foreclosure and the amount necessary to redeem the debt to the financial institution, including the cost of foreclosure.
R. Second mortgages. No second mortgage shall be placed upon the property without the prior written approval of the AH Administrator. In determining whether to grant an approval for the second mortgage, the AH Administrator shall consider the need for the second mortgage and the impact that the second mortgage shall have upon the ability to maintain the unit as a low- and moderate-income unit. Under no circumstances shall a foreclosure of a second mortgage constitute grounds for eliminating the resale controls provided for in this regulation. Prior written approval shall be denied unless second mortgages are specifically authorized by COAH regulations and the application is consistent with those regulations.
S. Sale of personal items. Items of personal property which are not permanently affixed to the unit (e.g., refrigerator, freezer, washer or dryer) and which were not included when the affordable housing unit was purchased may be the subject of separate negotiations between the parties subsequent to the signing of the contract for the purchase of the house. Any agreed price for the purchase of any item or items of personal property shall be reasonable considering the original cost, nature, age and condition of the item. The price to be paid for items of personal property shall not be used as a mechanism to avoid or circumvent the limitations on the resale price of the unit itself. In no event shall the right to purchase the unit be conditioned upon the buyer's willingness to agree to purchase any item or items of personal properties of the seller.
(1) No certificate of occupancy for a low- or moderate-income unit shall be issued until the developer shall have submitted and have approved by the Township Attorney a deed restriction encompassing all the provisions of these regulations.
(2) No certificate of occupancy shall be issued for the resale of a low- or moderate-income unit unless the AH Administrator shall certify that the resale complies with the terms of these regulations.
(3) No low- and moderate-income unit may be occupied by an initial purchaser or resale purchaser without a certificate of occupancy.
U. Affirmative marketing. The AH Administrator shall develop and implement an affirmative marketing program for affordable housing units that shall include the following:
(1) An announcement that specifies eligibility requirements and a request for applications for low- and moderate-income units shall be placed in newspapers of general circulation within Ocean County and the region. [Amended 3-17-1994 by Ord. No. 6-94]
(2) Press releases announcing the availability of low- and moderate-income housing units shall be submitted to newspapers of general circulation within Ocean County and the region. [Amended 3-17-1994 by Ord. No. 6-94]
(3) The availability and eligibility of low- and moderate-income housing shall be announced to the Ocean County Housing Agency, the Ocean County Office on Aging, the Township of Jackson, local religious and other civic organizations and other appropriate local and area-wide groups.
(4) The marketing program will commence at least 90 days before issuance of either temporary or permanent certificates of occupancy and shall continue until all low- and moderate- income housing units are under contract of sale and/or lease.
V. Waiver. In the event of a special hardship or in the event that a minor technical modification of these regulations is necessary to effectively implement the policy of this article, the AH Administrator may waive or modify those regulations relating to occupancy selection, sale or resale prices or income eligibility standards, provided that such waiver or modification is consistent with the intent of these regulations and the Land Use and Development Regulations and does not violate COAH policy or regulation or any statute.
