The following terms, as used in this chapter, 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 one-hundred-percent affordable
development.
COAH or COUNCIL
The New Jersey Council on Affordable Housing established
under the Act which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the state.
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
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with Sections 1,
5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
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.
The City of Linwood shall provide annual reporting of Affordable
Housing Trust Fund activity to the State of New Jersey, Department
of Community Affairs, Council on Affordable Housing or Local Government
Services or other entity designated by the State of New Jersey, with
a copy provided to Fair Share Housing Center and posted on the municipal
website, using forms developed for this purpose by the New Jersey
Department of Community Affairs, Council on Affordable Housing or
local government. The reporting shall include an accounting of all
Affordable Housing Trust Fund activity, including the sources and
amounts of funds collected and the amounts and purposes for which
any funds have been expended. Such reporting shall include an accounting
of development fees collected from residential and nonresidential
developers, payments in lieu of constructing affordable units on site
(if permitted by ordinance or by agreement with the City), funds from
the sale of units with extinguished controls, barrier free escrow
funds, rental income from Borough-owned affordable housing units,
repayments from affordable housing program loans, and any other funds
collected in connection with Linwood's affordable housing programs,
as well as an accounting of the expenditures of revenues and implementation
of the spending plan approved by the court.
The ability for the City of Linwood to impose, collect and expend
development fees shall expire with its repose period covered by its
judgment of compliance unless the City of Linwood 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. If the City
of Linwood fails to renew its ability to impose and collect development
fees prior to the expiration of substantive certification, it may
be subject to forfeiture of any or all funds remaining within its
municipal 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). The
City of Linwood shall not impose a residential development fee on
a development that receives preliminary or final site plan approval
after the expiration of its substantive certification or judgment
of compliance, nor shall the City of Linwood retroactively impose
a development fee on such a development. The City of Linwood shall
not expend development fees after the expiration of its substantive
certification or judgment of compliance.