ARTICLE 18.3 AFFIRMATIVE MARKETING AND COST REGULATION
Section 18.3.1 Affirmative Marketing Plan

A. 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 Developers. Developers of low and/or moderate income housing shall affirmatively market such housing to all segments of the lower -income population within the housing region in which the Township is located and to ail qualified low and moderate income households irrespective of race, color, religion, sex or national origin The Developer shall formulate and submit air affirmative marketing plan acceptable to the Township or its designee(s) for review and approval in accordance with this Article and applicable rules and housing regulations of the Council on Affordable Housing (N.J.A.C. 5:93-1 1). The plan shall be incorporated into all approvals for development of such housing At a minimum, the plan shall provide for advertisement in newspapers with general circulation in the urban areas of the housing region in which Berkeley Heights is located (consisting of Essex, Mori is, Sussex and Union Counties) The plan shall also require the developer to notify those municipal housing agencies within the Township's housing region, on a regular basis, of the availability of any new low and moderate income units.

B. Publication and advertisement as required by this Article shall be made in newspapers of general circulation, regional daily, in the Township's housing region, such as, but not limited to, the Star-Ledger, Moms County Record, and Courier-News.

C. The primary marketing will take the form of at least one press release sent to each publication in Paragraph B and a paid display advertisement in each such newspaper. Additional advertising and publicity will be on an "as needed" basis.

D. Each advertisement shall include the following

I.street address of units;

II directions to units,

III number of bedrooms per unit,

IV range of prices on units,

V.size of units,

VI qualifying income information, and

VII location of applications, manner of securing same and days and hours of availability.

E. All newspaper articles, announcements, forms of requests for applications for low and moderate income housing will be sent for publication to the following neighborhood oriented weekly newspapers and organizational newsletters within the region. Echoes Sentinel, Westfield Record, Dispatch, and Independent Press

F. The following regional radio and/or cable television station(s) will be used Cable Channel 36.

G. 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 municipal administrative building, municipal library, developer's sales office, and major employers in region

H. The Developer shall provide information regarding the available units to community contact person(s) and/or organization(s) in Union, Essex, Morris and Sussex Counties that 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.

I.Quarterly flyers and applications will be sent to each of the following agencies for publication in their journals and for circulation among their members: Board of Realtors in Union, Essex, Morris and Sussex Counties.

J. Applications will be mailed to prospective applicants upon request.

K. Additionally, quarterly informational circulars and applications will be sent to the chief administrative employees of each of the following agencies in the counties of Union, Essex, Morris and Sussex: Welfare or Social Service Board, Rental Assistance Office (local office of DCA), Office on Aging, Housing Agency or Authority, Library, and Area Community Action Agencies.

L. The Affordable Housing Officer within the Township is the designated housing officer to act as liaison to the Affordable Housing Board of the Township The Affordable Housing Officer will 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.

M. Households who live or work in the COAH-established Northwest housing region shall be given preference for sales and rental units Applicants living outside the housing region will have an equal opportunity for units after regional applicants have been initially serviced. The Township intends to comply with N J A C. 5 93-11.7.

N. Each developer shall be required to file with the Township, or its designee(s), evidence of compliance with the affirmative marketing program as set forth herein and as required by applicable rules and regulations of the Council on Affordable Housing. Proof of compliance with the affirmative marketing program shall include, but not be limited to, the filing of copies of newspaper advertisements, brochures, letters to housing authorities or agencies advising of the availability of affordable housing units and such other materials as prescribed and set forth within the approved Affirmative marketing Plan. All such filings with the Township shall be made on a regular basis not less than monthly

O. The Affirmative Marketing Program shall commence at least one hundred twenty (120) days before the issuance of either a temporary or permanent certificate of occupancy for any low or moderate income housing unit and shall continue until all low and moderate income housing units are committed to eligible applicants and as long as such units are deed restricted and occupancy and re-occupancy of units continues to be necessary.

P. After the completion of initial occupancy of sales and rental units in order to fill vacancies resulting from normal turnover, the Township shall insure a sufficient supply of income eligible applicants by continuing to implement the marketing plan throughout the housing region as set forth herein At a minimum, the Township shall attempt to maintain a current pool of at least live income eligible applicants for each low and moderate income unit. The Township shall annually contact each income eligible applicant to request updated information regarding income and family size.

Q. The Township shall collect information on each applicant for low and moderate income housing on forms approved by COAH that are forwarded to the Township during January of each year.

R. The selection of applicants in each round of selection shall be by random method subject only to occupancy preferences established herein. All eligible applicants shall be listed according to income qualification and number of bedrooms. On the date set for selection each applicant shall be given a number which shall be placed on an index card which will then be placed in a plain envelope and scaled. The envelopes shall be placed in a container and mixed They shall then be drawn from the container one at a time by a member of the Affordable Housing Board As each envelope is drawn, it shall be opened and the numbered card posted in order until all envelopes are drawn.

S. The Township shall prepare an annual progress report as to the production of affordable housing in a form and manner as COAH may prescribe. Each report shall be made available to the public and filed with the Council on Affordable Housing. The report shall provide an analysis of the actual characteristics of households occupying low and moderate income units within the Township compared to the occupancy preference in the rules and regulations set forth in N J A C 5 93-11 6 and 12 1 as may be supplemented and amended and such other information as may be required by such sections

T. By February 28 of each year the Township shall evaluate the results of its affirmative marketing activities and file a report with COAH on forms approved by COAH containing an evaluation of the income and demographic characteristics of each applicant and occupants It shall also contain an evaluation of any necessary adjustments in the affirmative marketing program