All developers shall develop an affirmative marketing plan which shall outline the methods to be used in reaching all segments of the eligible population. The plan must include special outreach steps which will be taken to attract low- and moderate-income households.

A. All developers of low- and moderate-income housing units shall affirmatively market said units to persons of low- and moderate-income, regardless of race, color, sex, religion or national origin.

B. To that end, the developer shall formulate and submit an affirmative marketing plan acceptable to the Township pursuant to the rules of COAH, which plan shall be incorporated as a condition of approval of the development application. Said plan shall describe how low- and moderate-income housing is to be marketed, applicants screened, occupancy offered and income-eligible households selected.

C. At a minimum, the plan shall provide for media advertisement in newspapers with general circulation in the following urban and nonurban areas, including The Star-Ledger and The Daily Record: Boonton Township, Morris County, Morristown, Newark and Elizabeth and Union and Warren Counties. This plan shall also provide for advertisements in publications of limited circulation such as neighborhood-oriented weekly newspapers, religious publications and publications of local real estate industry groups and by specific radio and television stations in the housing region. For each of the media identified, the developer shall indicate:

(1) The name of the media.

(2) The type (e.g., classified, display) and size of the newspaper advertisement and the initial date of its appearance. If no copies are available at the time the plan is being prepared, the applicant shall submit them as soon as possible after the plan has been approved.

(3) The frequency and length of any such advertising.

D. The advertisement shall include a description of the following:

(1) The street address of the units.

(2) Direction to housing units.

(3) The number of bedrooms per unit.

(4) The range of prices/rents.

(5) The size of units.

(6) Income information.

(7) The location of applications, including business hours and where/how applications may be obtained.

E. The plan shall require the developer to notify the following agencies on a quarterly basis of the availability of any low- or moderate-income units: the Township of Boonton and its Welfare Director, the Morris County Welfare Board, the Urban League, the NAACP and the housing coalitions operating in the four counties of the Township's housing region, other fair-housing centers, housing referral organizations, government social service and public welfare departments and community-based civic and church sponsored organizations located in these counties and other groups as may be identified by the Township prior to approval of the developer's proposed affirmative marketing plan.

F. Brochure(s), sign(s) and/or poster(s) and applications used as part of the affirmative marketing program shall be sent to and/or displayed in the following buildings or areas:

(1) The Boonton Township Municipal Buildings.

(2) The developer's sales office.

(3) The major employers in the region.

G. The developer shall use a brochure as part of the total marketing program. Brochures can be tailored to meet specific housing information needs of those persons who are members of groups identified as least likely to apply for the housing. The brochure can also contain a greater quantity of information about the development than that contained in mass-media advertising. A brochure should include a range of information which influences decisions regarding housing choice, e.g., price/rent, proximity to schools, transportation, shopping, employment centers and the availability of medical facilities for disabled persons. The brochure should communicate the developer's equal housing opportunity policy and should be sent to the Board of Realtors in Morris, Essex, Union and Warren Counties, in addition to the entities listed in Subsection F above.

H. The affirmative marketing program shall identify and market to low- and moderate-income households currently residing in substandard housing, commonly referred to as the indigenous need of Boonton Township. The developer may seek the assistance of Township officials such as the Welfare Director, Construction Official, Tax Assessor or others in this phase of the program.

I. All advertisements shall conform to applicable affirmative action, equal opportunity and nondiscrimination laws of the federal and state government. Proof of publication shall be submitted to ensure compliance with said plan.

J. The affirmative marketing program shall commence at least 120 days before issuance of either temporary or permanent certificates of occupancy and shall 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. There shall be at least one paid advertisement in a newspaper of general circulation within the housing region during the first week of the marketing program. Such advertisement shall include at least the following:

(1) The location of the units.

(2) Directions to the housing units.

(3) A range of prices for the housing units.

(4) The size, as measured in bedrooms, of the housing units.

(5) The maximum income permitted to qualify for the housing units.

(6) The location of applications for the housing units.

(7) The business hours when interested households may obtain an application for a housing unit.

K. Applications shall be mailed to prospective applicants upon request.

A. Certificates of occupancy and reoccupancy. No certificate of occupancy for initial occupancy of a low- and moderate-income sales unit shall be issued until a written determination has been made by the Township that the unit is to be controlled by a deed restriction and mortgage lien as required by COAH and approved by the Township Attorney. The Township shall make such determination within 10 days of receipt of a proposed deed restriction and mortgage lien. Amendments to the deed restriction and lien shall be permitted only if they have been approved by COAH. A request for an amendment to the deed restriction and lien may be made by the Township or a developer. No certificate of occupancy shall be issued for a rental unit or project unless a written determination has been made by the Township that the property is to be controlled by a deed restriction in a form which has been approved by the Township Attorney. A certificate of reoccupancy shall be required for any occupancy of a low- and moderate-income sales unit resulting from a resale and shall not be issued unless a written determination has been made by the Township that the unit is to be controlled by the deed restriction and mortgage lien required by COAH prior to the issuance of a certificate of occupancy, unless amendments to the same have been approved by COAH regardless of whether the sellers had executed the deed restriction and mortgage lien required by COAH upon acquisition of the property. The Township shall make such determination within 10 days of the receipt of a proposed deed restriction and mortgage lien. All purchasers of low- and moderate-income sales units shall be required to execute the deed restriction and mortgage lien prior to the issuance of such certificate of reoccupancy. No certificate of occupancy or reoccupancy for the sale, resale or rental of a unit shall be issued unless the Township shall have certified, in writing, that the resale or rental complies with the requirements of these regulations and all applicable COAH regulations. The certificate of reoccupancy shall not be required in sales for which controls are allowed to expire or in which a repayment option is being exercised pursuant to § 102-177L(2)(k)[1][b].

B. Waivers. 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 policies herein, the Township may waive or modify these regulations relating to occupancy selection, sale or resale prices, rent or rerental prices or income eligibility standards, provided that such waiver or modification is consistent with the intent of these regulations and does not violate any of the requirements of COAH, including all statutes and regulations related thereto.

C. Other reporting requirements. Developers shall submit quarterly reports to the Township detailing the number of low- and moderate-income households who have signed leases or purchase agreements, as well as the number who have taken occupancy or lower-income units, including the household size, number of bedrooms in the unit, sales price and monthly carrying cost or, in the case of rental units, the monthly rental charges and utility costs.

Low- and moderate-income housing units within inclusionary developments shall be built in accordance with the following schedule:

A. Applicability of development regulations to the R-1 A and R-1 B Zones. Unless otherwise specified herein, all other provisions and requirements of Chapter 102, Land Use, shall apply to all developments within the R1 A and R-1 B Zones.

B. Periodic review for modification of standards. The standards established in this section or qualification as a low- income household or a moderate-income household and the sales prices and rental allowed to be charged for occupancy of low- and moderate-income units shall be reviewed annually by the Township Committee, or its designee, who shall, from time to time, adopt such amendments to this section as are required to assure that such standards conform to the applicable decisional and statutory law of New Jersey. In the event that the standards established by this section are so amended hereafter, such amended standards shall apply to any low- and moderate-income units which have been constructed pursuant to this section and which are in existence at the time that such standards are so amended.