The following terms, as used in this article, shall have the
following meanings:
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable development.
BAY AVENUE REDEVELOPERS SETTLEMENT AGREEMENT
The agreement between Bay Avenue Redevelopers, l.l.c., Bass
Harbor, L.L.C., Harbour Cove Marina, L.L.C., the City of Somers Point
and the consent to the settlement terms by Shore Memorial Hospital
dated April 11, 2007, approved by a second cycle final judgment of
compliance and repose entered by the New Jersey Superior Court on
July 9, 2007, in docket No. ATL - L - 3204 -05 following a fairness
hearing held on June 21, 2007.
CITY
The City of Somers Point.
COAH
The New Jersey Council on Affordable Housing or its successor.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
DEVELOPMENT FEE
Funds paid by an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
in N.J.A.C. 5:97-8.3.
EQUALIZED ASSESSED VALUE
The value of a property determined by the Municipal Tax Assessor
through a process designed to ensure that all property in the municipality
is assessed at the same assessment ratio or ratios required by law.
Estimates at the time of issuance of a building permit may be obtained
utilizing estimates for construction cost. Final equalized assessed
value will be determined at project completion by the Municipal Tax
Assessor.
FSHC SETTLEMENT AGREEMENT
The agreement between the City of Somers Point and Fair Share
Housing Center dated April 26, 2018, approved by an order of fairness
and compliance and granting immunity from Mount Laurel lawsuits entered
by the New Jersey Superior Court on June 5, 2018, in Docket No. ATL
- L - 1538 - 15 following a fairness hearing held on June 1, 2018.
GREEN BUILDING STRATEGIES
Those strategies that minimize the impact of development
on the environment, and enhance the health, safety and well-being
of residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
PLANTATION BAY SETTLEMENT AGREEMENT
The agreement between the City of Somers Point and Plantation
Bay, LLC dated July 29, 2008, approved by a final judgment entered
by the New Jersey Superior Court on June 30, 2011, in Docket No. ATL
- L - 007302-06 P.W. following a fairness hearing held on June 16,
2011, and a modified order granting continued temporary immunity and
repose entered June 30, 2011, in Docket No. ATL - L - 002835-07.
SOMERS POINT SETTLEMENT AGREEMENTS
Collectively, the Bay Avenue Redevelopers settlement agreement,
the Plantation Bay Settlement agreement, and the Fair Share Housing
Center settlement agreement; and any future Court- or agency-Approved
settlement agreements.
In the manner set forth within Paragraph 15 of the settlement
agreement between the City and Fair Share Housing Center dated April
26, 2018, the City shall complete and return all monitoring forms
included in the annual monitoring report related to the collection
of development fees from residential and nonresidential developers,
payments in lieu of constructing affordable units on site, and funds
from the sale of units with extinguished controls, and the expenditure
of revenues and implementation of the plan approved by the Court.
All monitoring reports shall be completed on forms designed by COAH,
New Jersey Department of Community Affairs, New Jersey Division of
Local Government Services, or other entity designated by law or regulation.
The City is also subject to the additional requirements set forth
in the Fair Share Housing Center settlement agreement which require
the City to provide copies of such reports to Fair Share Housing Center
and posting of information on the City's official website.
The Superior Court has approved the City of Somers Point Affordable
Housing Development Fee Ordinance and the City of Somers Point Affordable
Housing Spending Plan and the Fair Share Housing Center settlement
agreement which addresses the City's third round affordable housing
obligation.
A. The ability for the City to impose, collect and expend development
fees shall be permitted through the expiration of the repose period
covered by its judgment of compliance and shall continue thereafter
so long as the City has filed an adopted Housing Element and Fair
Share Plan with the Court or with a designated state administrative
agency, has petitioned for a judgment of compliance from the Court
or for substantive certification or its equivalent from a state administrative
agency authorized to approve and administer municipal affordable housing
compliance and has received approval of its Development Fee Ordinance
from the entity that will be reviewing and approving the Housing Element
and Fair Share Plan.
B. If the City is not pursuing authorization to impose and collect development
fees after the expiration of its judgment of compliance, it may be
subject to forfeiture of any or all funds remaining within its Affordable
Housing Trust Fund. Any funds so forfeited shall be deposited into
the "New Jersey Affordable Housing Trust Fund" established pursuant
to § 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320).
C. After the expiration of its judgment of compliance, if the City does
not pursue or obtain continued authorization, the City shall not retroactively
impose a residential development fee on a development that receives
preliminary or final site plan approval after the expiration of its
judgment of compliance, nor shall the City retroactively impose a
development fee on such a development or expend any of its collected
development fees.