Caldwell Borough PART TWO � .11 – Price Restrictions for | Legal Announcements – New Jersey Hills

Caldwell Borough PART TWO � .11 – Price Restrictions for Restricted Ownership Units, Homeowner Association Fees and Resale Prices. Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including: 1. The initial purchase price for a restricted ownership unit shall be approved by the Borough�s Administrative Agent, or an Administrative Agent appointed by a particular developer. 2. The Borough’s Administrative Agent, or an Administrative Agent appointed by a particular developer, shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards. 3. The master deeds of inclusionary developments shall provide no distinction between the condominium or homeowner association fees and special assessments paid by low and moderate-income purchasers and those paid by market purchasers, unless the master deed for the inclusionary project was executed prior to the enactment of UHAC. 4. The owners of restricted ownership units may apply to the Borough�s Administrative Agent, or an Administrative Agent appointed by a particular developer, to increase the maximum sales price for the unit on the basis of anticipated capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom. � .12- Buyer Income Eligibility. 1. Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to fifty percent (50%) of median income and moderate-income ownership units shall be reserved for households with a gross household income less than eighty percent (80%) of median income. 2. The Administrative Agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed thirty-three percent (33%) of the household�s eligible monthly income. � .13- Limitations on Indebtedness Secured by Ownership Unit; Subordination. 1. Prior to incurring any indebtedness to be secured by a restricted ownership unit, the owner shall apply to the Borough�s Administrative Agent, or an Administrative Agent appointed by a particular developer, for a determination in writing that the proposed indebtedness complies with the provisions of this Section, and the Borough�s Administrative Agent, or an Administrative Agent appointed by a particular developer, shall issue such determination prior to the owner incurring such indebtedness. 2. With the exception of First Purchase Money Mortgages, neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed ninety-five percent (95%) of the maximum allowable resale price of the unit, as such price is determined by the Borough�s Administrative Agent, or an Administrative Agent appointed by a particular developer, in accordance with N.J.A.C. 5:80-26.6(b). � .14 – Capital Improvements To Ownership Units. 1. The owners of restricted ownership units may apply to the Borough�s Administrative Agent, or an Administrative Agent appointed by a particular developer, to increase the maximum sales price for the unit on the basis of capital improvements made since the purchase of the unit. Eligible capital improvements shall be those that render the unit suitable for a larger household or that add an additional bathroom. In no event shall the maximum sales price of an improved housing unit exceed the limits of affordability for the larger household. 2. Upon the resale of a restricted ownership unit, all items of property that are permanently affixed to the unit or were included when the unit was initially restricted (for example, refrigerator, range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be included in the maximum allowable resale price. Other items may be sold to the purchaser at a reasonable price that has been approved by the Borough�s Administrative Agent, or an Administrative Agent appointed by a particular developer, at the time of the signing of the agreement to purchase. The purchase of central air conditioning installed subsequent to the initial sale of the unit and not included in the base price may be made a condition of the unit resale provided the price, which shall be subject to ten (10) year, straight-line depreciation, has been approved by the Borough’s Administrative Agent, or an Administrative Agent appointed by a particular developer. Unless otherwise approved by the Borough�s Administrative Agent, or an Administrative Agent appointed by a particular developer, the purchase of any property other than central air conditioning shall not be made a condition of the unit resale. The owner and the purchaser must personally certify at the time of closing that no unapproved transfer of funds for the purpose of selling and receiving property has taken place at the time of or as a condition of resale. � .15 – Control Periods for Restricted Rental Units. 1. Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and each restricted rental unit shall remain subject to the requirements of this Section for a period of at least thirty (30) years, until Caldwell Borough takes action to release the unit from such requirements. Prior to such action, a restricted rental unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented. 2. Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the records office of the County of Essex. A copy of the filed document shall be provided to the Borough’s Administrative Agent within thirty (30) days of the receipt of a Certificate of Occupancy. 3. A restricted rental unit shall remain subject to the affordability controls described in this Section despite the occurrence of any of the following events: a. Sublease or assignment of the lease of the unit; b. Sale or other voluntary transfer of the ownership of the unit; or c. The entry and enforcement of any judgment of foreclosure on the property containing the unit. � .16 – Rent Restrictions for Rental Units; Leases. 1. A written lease shall be required for all restricted rental units and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the Borough’s Administrative Agent, or an Administrative Agent appointed by a particular developer. 2. No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the Borough’s Administrative Agent, or an Administrative Agent appointed by a particular developer. 3. Application fees (including the charge for any credit check) shall not exceed five percent (5%) of the monthly rent of the applicable restricted unit and shall be payable to the Developer and/or Landlord or to the Borough�s Administrative Agent appointed by a particular developer. If the fees are paid to the Borough�s Administrative Agent or an Administrative Agent appointed by a particular developer they are to be applied to the costs of administering the controls applicable to the unit as set forth in this Section. 4. No rent control ordinance or other pricing restriction shall be applicable to either the market units or the affordable units in any development in which at least fifteen percent (15%) of the total number of dwelling units are restricted rental units in compliance with this Ordinance. � .17 – Tenant Income Eligibility. 1. Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined as follows: a. Very-low-income rental units shall be reserved for households with a gross household income less than or equal to thirty percent (30%) of the regional median household income by household size. b. Low-income rental units shall be reserved for households with a gross household income less than or equal to fifty percent (50%) of the regional median household income by household size. c. Moderate-income rental units shall be reserved for households with a gross household income less than eighty percent (80%) of the regional median household income by household size. 2. The Borough�s Administrative Agent, or a qualified Administrative Agent appointed by a particular developer, shall certify a household as eligible for a restricted rental unit when the household is a very low-income household, low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed thirty-five percent (35%)(forty percent (40%) for age-restricted units) of the household�s eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists: a. The household currently pays more than thirty-five percent (35%) (forty percent (40%) for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs; b. The household has consistently paid more than thirty-five percent (35%) (forty percent (40%) for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay; c. The household is currently in substandard or overcrowded living conditions; d. The household documents the existence of assets with which the household proposes to supplement the rent payments; or e. The household documents reliable anticipated third-party assistance from an outside source such as a family member in a form acceptable to the Administrative Agent and the owner of the unit. 3. The applicant shall file documentation sufficient to establish the existence of the circumstances in 2.a. through 2.e. above with the Borough’s Administrative Agent, or an Administrative Agent appointed by a particular developer, who shall counsel the household on budgeting. � .18 – Municipal Housing Liaison. 1. The position of Municipal Housing Liaison (MHL) for the Borough of Caldwell is established by this Section. The Borough shall make the actual appointment of the MHL by means of a resolution. a. The MHL must be either a full-time or part-time employee of Caldwell. b. The person appointed as the MHL must be reported to the Superior Court and thereafter posted on the Borough�s website. c. The MHL must meet all the requirements for qualifications, including initial and periodic training, if such training is made available by COAH or the DCA. d. The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Borough of Caldwell, including the following responsibilities which may not be contracted out to the Administrative Agent, or the Administrative Agent appointed by a specific developer: i. Serving as the municipality�s primary point of contact for all inquiries from the State, affordable housing providers, Administrative Agents and interested households; ii. The implementation of the Affirmative Marketing Plan and affordability controls; iii. When applicable, supervising any contracting Administrative Agent; iv. Monitoring the status of all restricted units in the Borough’s Fair Share Plan; v. Compiling, verifying and submitting annual reports as required; vi. Coordinating meetings with affordable housing providers and Administrative Agents, as applicable; and vii. Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing as offered or approved by the Affordable Housing Professionals of New Jersey (AHPNJ), if such continuing education opportunities are made available by COAH or the DCA. 2. Subject to the approval of the Superior Court, the Borough of Caldwell shall designate one (1) or more Administrative Agent(s) to administer and to affirmatively market the affordable units constructed in the Borough in accordance with UHAC and this Section. � .19 – Administrative Agent. An Administrative Agent may be either an independent entity serving under contract to and reporting to the Borough, or reporting to a specific individual developer. The fees of the Administrative Agent shall be paid by the owners of the affordable units for which the services of the Administrative Agent are required. The Borough Administrative Agent shall monitor and work with any individual Administrative Agents appointed by individual developers. The Administrative Agent(s) shall perform the duties and responsibilities of an Administrative Agent as set forth in UHAC, including those set forth in Sections 5:80-26.14, 16 and 18 thereof, which includes: 1. Affirmative Marketing: a. Conducting an outreach process to affirmatively market affordable housing units in accordance with the Affirmative Marketing Plan of the Borough of Caldwell and the provisions of N.J.A.C. 5:80-26.15; and b. Providing counseling or contracting 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. 2. Household Certification: a. Soliciting, scheduling, conducting and following up on interviews with interested households; b. Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low or moderate-income unit; c. Providing written notification to each applicant as to the determination of eligibility or non-eligibility; d. Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendices J and K of N.J.A.C. 5:80-26.1 et seq.; e. Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located; f. Employing a random selection process as provided in the Affirmative Marketing Plan of the Borough of Caldwell when referring households for certification to affordable units; and g. Notifying the following entities of the availability of affordable housing units in the Borough of Caldwell: FSHC, the New Jersey State Conference of the NAACP, the Latino Action Network, Essex County and Salem County Branches of the NAACP, Senior Citizens United Community Services, and the Supportive Housing Association. 3. Affordability Controls: a. Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit; b. Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate; c. Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the Essex County Register of Deeds or the Essex County Clerk�s office after the termination of the affordability controls for each restricted unit; d. Communicating with lenders regarding foreclosures; and e. Ensuring the issuance of Continuing Certificates of Occupancy or certifications pursuant to N.J.A.C. 5:80-26.10. 4. Resales and Re-rentals: a. Instituting and maintaining an effective means of communicating information between owners and the Borough’s Administrative Agent, or any Administrative Agent appointed by a specific developer, regarding the availability of restricted units for resale or re-rental; and b. Instituting and maintaining an effective means of communicating information to very-low, low and moderate-income households regarding the availability of restricted units for resale or re-rental. 5. Processing Requests from Unit Owners: a. Reviewing and approving requests for determination from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership that the amount of indebtedness to be incurred will not violate the terms of this Section; b. Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the depreciated cost of central air conditioning systems; c. Notifying the Borough of an owner�s intent to sell a restricted unit; and d. Making determinations on requests by owners of restricted units for hardship waivers. 6. Enforcement: a. Securing annually from the Borough a list of all affordable housing units for which tax bills are mailed to absentee owners, and notifying all such owners that they must either move back to their unit or sell it; b. 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 Borough’s Administrative Agent, or any Administrative Agent appointed by a specific developer; c. Posting annually, in all rental properties (including two (2) family homes), a notice as to the maximum permitted rent together with the telephone number of the Borough’s Administrative Agent, or any Administrative Agent appointed by a specific developer, where complaints of excess rent or other charges can be made; d. Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4; e. Establishing a program for diverting unlawful rent payments to the Borough’s Affordable Housing Trust Fund; and f. Creating and publishing a written operating manual for each affordable housing program administered by the Borough’s Administrative Agent, or any Administrative Agent appointed by a specific developer, to be approved by the Mayor and Council and the Superior Court, setting forth procedures for administering the affordability controls. 7. Additional Responsibilities: a. The Administrative Agent shall have the authority to take all actions necessary and appropriate to carry out its responsibilities hereunder. b. The Administrative Agent shall prepare monitoring reports for submission to the Municipal Housing Liaison in time to meet the Court-approved monitoring and reporting requirements in accordance with the deadlines set forth in this Section. The Borough�s Administrative Agent will be responsible for collecting monitoring information from any Administrative Agents appointed by specific developers. c. The Borough�s Administrative Agent, or any Administrative Agent appointed by a specific developer, shall attend continuing education sessions on affordability controls, compliance monitoring, and affirmative marketing at least annually and more often as needed. � .20 – Affirmative Marketing Requirements. 1. The Borough of Caldwell shall adopt by resolution an Affirmative Marketing Plan that is compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented. 2. 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, sponsor or owner of affordable housing. The Affirmative Marketing Plan is 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 marketing activities toward Housing Region 2 and is required to be followed throughout the period of restriction. Language drafted by Bassam The Affirmative Marketing Plan shall provide a regional preference for all households that live and/or work in Housing Region 2, comprised of Essex, Morris , Union and Warren Counties. 4. The Borough shall add to the list of community and regional organizations in its affirmative marketing plan, pursuant to N.J.A.C. 5:80-26.15(f)(5), Fair Share Housing Center, New Jersey State Conference of the NAACP, the Latino Action Network, East Orange Family Success Center, Essex County Housing Authority, HANDS, Inc., and Supportive Housing Association of affordable housing opportunities., and shall, as part of its regional affirmative marketing strategies during its implementation of this plan, provide notice to those organizations of all available affordable housing units. The Borough also agrees to notice other entities, including developers or other companies retained to do affirmative marketing, to comply with this paragraph. 4. Effective November 1, 2020, all available affordable housing units, regardless whether they are in a new development or are previously existing units, shall be listed on the New Jersey Housing and Mortgage Finance Agency’s Housing Resource Center website. These listings must be placed at least 60 days before conducting any lottery (for new developments) and within one day of accepting applications (for existing units). 5. The administrative agent designated by the Borough of Caldwell shall assure the affirmative marketing of all affordable units consistent with the affirmative marketing plan for the municipality and applicable law, including posting of all affordable units on the online New Jersey Housing Resource Center website. 6. The Borough has the ultimate responsibility for adopting the Affirmative Marketing Plan and for the proper administration of the Affirmative Marketing Program, including initial sales and rentals and re-sales and re-rentals. The Borough�s Administrative Agent designated by the Borough of Caldwell, or any Administrative Agent appointed by a specific developer, shall implement the Affirmative Marketing Plan to assure the affirmative marketing of all affordable units. 7. In implementing the Affirmative Marketing Plan, the Borough�s Administrative Agent, or any Administrative Agent appointed by a specific developer, shall provide a list of counseling services to very-low, low, and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law. 8. The Affirmative Marketing Plan shall describe the media to be used in advertising and publicizing the availability of housing. In implementing the Affirmative Marketing Plan, the Borough�s Administrative Agent, or any Administrative Agent appointed by a specific developer, shall consider the use of language translations where appropriate. 9. The affirmative marketing process for available affordable units shall begin at least one hundred and twenty days (120) prior to the expected date of occupancy. 10.Applications for affordable housing shall be available in several locations, including, at a minimum, the County Administration Building and/or the County Library for each county within the housing region; and the municipal building in which the units are located; and the developer’s rental office. Applications shall be mailed to prospective applicants upon request. 11. The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner. � .21 – Enforcement of Affordable Housing Regulations. 1. Upon the occurrence of a breach of any of the regulations governing an affordable unit by an Owner, Developer or Tenant, the Borough shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance. 2. After providing written notice of a violation to an Owner, Developer or Tenant of a low- or moderate-income unit and advising the Owner, Developer or Tenant of the penalties for such violations, the Borough may take the following action(s) against the Owner, Developer or Tenant for any violation that remains uncured for a period of sixty (60) days after service of the written notice: a. The Borough may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation or violations of the regulations governing the affordable housing unit. If the Owner, Developer or Tenant is adjudged by the Superior Court to have violated any provision of the regulations governing affordable housing units the Owner, Developer or Tenant shall be subject to one (1) or more of the following penalties, at the discretion of the Court: i. A fine of not more than two thousand dollars ($2,000.00) per day or imprisonment for a period not to exceed ninety (90) days, or both, provided that each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not a continuation of the initial offense; ii. In the case of an Owner who has rented a very-low, low or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Borough of Caldwell Affordable Housing Trust Fund of the gross amount of rent illegally collected; iii. In the case of an Owner who has rented a very-low, low or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant’s reasonable relocation costs, as determined by the Court. b. The Borough may file a court action in the Superior Court seeking a judgment that would result in the termination of the Owner’s equity or other interest in the unit, in the nature of a mortgage foreclosure. Any such judgment shall be enforceable as if the same were a judgment of default of the First Purchase Money Mortgage and shall constitute a lien against the low or moderate-income unit. i. The judgment shall be enforceable, at the option of the Borough, by means of an execution sale by the Sheriff, at which time the low and moderate-income unit of the violating Owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any First Purchase Money Mortgage and prior liens and the costs of the enforcement proceedings incurred by the Borough, including attorney’s fees. The violating Owner shall have his right to possession terminated as well as his title conveyed pursuant to the Sheriff’s sale. ii. The proceeds of the Sheriff’s sale shall first be applied to satisfy the First Purchase Money Mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the Borough for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff’s sale. In the event that the proceeds from the Sheriff’s sale are insufficient to reimburse the Borough in full as aforesaid, the violating Owner shall be personally responsible for the full extent of such deficiency, in addition to any and all costs incurred by the Borough in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the Borough for the Owner and shall be held in such escrow for a maximum period of two (2) years or until such earlier time as the Owner shall make a claim with the Borough for such. Failure of the Owner to claim such balance within the two (2) year period shall automatically result in a forfeiture of such balance to the Borough. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the Borough, whether such balance shall be paid to the Owner or forfeited to the Borough. iii. Foreclosure by the Borough due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the very-low, low and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff’s sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The Owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff’s sale shall not be entitled to any right of redemption. iv. If there are no bidders at the Sheriff’s sale, or if insufficient amounts are bid to satisfy the First Purchase Money Mortgage and any prior liens, the Borough may acquire title to the very-low, low and moderate-income unit by satisfying the First Purchase Money Mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the First Purchase Money Mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the very-low, low and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described. v. Failure of the very-low, low and moderate-income unit to be either sold at the Sheriff’s sale or acquired by the Borough shall obligate the Owner to accept an offer to purchase from any qualified purchaser which may be referred to the Owner by the Borough, with such offer to purchase being equal to the maximum resale price of the very-low, low and moderate-income unit as permitted by the regulations governing affordable housing units. vi. The Owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the Owner. � .22 – Appeals. Appeals from all decisions of an Administrative Agent appointed pursuant to this Section shall be filed in writing with the Superior Court. Section 2. If any article, section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance and they shall remain in full force and effect. Section 3. In the event of any inconsistencies between the provisions of this Ordinance and any prior ordinance of the Borough of Caldwell, the provisions hereof shall be determined to govern. All other parts, portions and provisions of the Revised General Ordinances of the Borough of Caldwell are hereby ratified and confirmed, except where inconsistent with the terms hereof. Section 4. The Borough Clerk is directed to give notice at least ten (10) days prior to a hearing on the adoption of this ordinance to the Essex County Planning Board and to all other persons entitled thereto pursuant to N.J.S.A. 40:55D-15, and N.J.S.A. 40:55D-63 (if required). Section 5. After introduction, the Borough Clerk is hereby directed to submit a copy of the within Ordinance to the Planning Board of the Borough of Caldwell for its review in accordance with N.J.S.A. 40:55D-26 and N.J.S.A. 40:55D-64. Section 6. This Ordinance shall take effect immediately upon (1) adoption; (2) approval by the Mayor pursuant to N.J.S.A. 40:69A-149.7; (3) publication in accordance with the laws of the State of New Jersey; and (4) filing of the final form of adopted ordinance by the Clerk with (a) the Essex County Planning Board pursuant to N.J.S.A. 40:55D-16, and (b) the Borough Tax Assessor as required by N.J.S.A. 40:49-2.1. NOTICE OF PUBLIC HEARING ON ORDINANCE Please take Notice that the foregoing ordinance was introduced at a meeting of the Council of the Borough of Caldwell on the 26th day of January, 2021 and passed on first reading; and the same was then ordered to be published according to law; and that such ordinance will be further considered for final passage at a meeting of the Council to be held at the Caldwell Municipal Building, 1 Provost Square, Caldwell, NJ on the 23rd day of February, 2021 at seven fifteen p.m. prevailing time or as soon thereafter as the matter may be reached, at which time and place, or at any time and place to which such meeting shall from time to time be adjourned, all persons interested will be given an opportunity to be heard concerning such ordinance. BY ORDER OF THE COUNCIL Brittany Heun Deputy Borough Clerk P.F.$488.07 02/11/T1