§ 165-121. Fair share obligation; affirmative marketing plan.  


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  • A. 
    The Borough of Wharton has a fair share obligation of 68 units, of which 57 units are new construction.
    B. 
    The 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 being marketed by a developer/sponsor, municipality and/or designated administrative agency of affordable housing. The plan will address the requirements of N.J.A.C. 5:93-11. In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin. The Borough of Wharton is in the housing region consisting of Morris, Essex, Union and Warren Counties. The affirmative marketing program is a continuing program and will meet the following requirements:
    (1) 
    All newspaper articles, announcements and requests for applications for low- and moderate-income units will appear in the following newspapers/publications: The Daily Record and the Star Ledger.
    (2) 
    The primary marketing will take the form of at least one press release sent to the above publications and a paid display advertisement in each of the above newspapers. Additional advertising and publicity will be on an "as needed" basis.
    (3) 
    The advertisement will include a description of the street address of units, direction to housing units, number of bedrooms per unit, range of prices/rents, size of units, income information, and location of applications including business hours and where/how applications may be obtained.
    (4) 
    All newspaper articles, announcements and requests for applications for low- and moderate-income housing will appear in publications such as neighborhood-oriented weekly newspapers, religious publications and organizational newsletters within the region. Regional radio and/or cable television station(s) will also be used.
    (5) 
    The following is the location of applications, brochure(s), sign(s) and/or poster(s) used as part of the affirmative marketing program including specific employment centers within the region: posting of notices in the Borough Hall and delivery of notices to the municipal clerks of all municipalities in the region.
    (6) 
    The following is a listing of community contact persons and/or organizations in Wharton that will administer the program and will aid in the affirmative marketing program with particular emphasis on contacts that will reach out to groups that are least likely to apply for housing within the region: Land Use Administrator, County Housing Office and houses of worship.
    (7) 
    Quarterly flyers and applications will be sent to each of the following agencies for publication in their journals and for circulation among their members: boards of realtors in Morris, Essex, Union and Warren Counties.
    (8) 
    Applications will be mailed to prospective applicants upon request.
    (9) 
    Additionally, quarterly informational circulars and applications will be sent to the chief administrative employees of each of the following agencies in the counties within Wharton's region: welfare or social service board, rental assistance office (local office of DCA), office on aging, libraries, and housing agency or authority in each of the counties within Wharton's housing region.
    (10) 
    A random selection method will be used to select occupants of low- and moderate-income housing.
    (11) 
    The Land Use Administrator shall administer the affirmative marketing program. The Land Use Administrator 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 advertising and 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. 5:93-9.1.
    (12) 
    Households who live or work in the COAH-established housing region may be given preference for sales and rental units constructed within that housing region. Applicants living outside the housing region will have an equal opportunity for units after regional applicants have been initially serviced. The Borough of Wharton intends to comply with N.J.A.C. 5:93-11.7.
    (13) 
    All developers of low- and moderate-income housing units will be required to assist in the marketing of the affordable units in their respective developments.
    (14) 
    The marketing program will commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program will continue until all low- and moderate-income housing units are initially occupied and for as long as affordable units are deed restricted and occupancy or reoccupancy of units continues to be necessary.
    (15) 
    The Land Use Administrator will comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 12.1.