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 one-hundred-percent affordable
development.
COAH or THE 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
considerations 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 under 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 N.J.S.A. 54:l-35c).
GREEN BUILDING STRATEGIES
Those strategies that minimize the impact of development
on the environment and enhance 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 Township of Mannington shall complete and
return to COAH 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 barrier-free escrow funds, rental income, repayments from
affordable housing program loans, and any other funds collected in
connection with the Township of Mannington's housing program, as well
as to the expenditure of revenues and implementation of the plan approved
by the court. All monitoring reports shall be completed on forms designed
by COAH.
The ability of the Township of Mannington to
impose, collect and expend development fees shall expire with its
judgment of compliance unless the Township of Mannington has filed
an adopted Housing Element and Fair Share Plan with COAH, has petitioned
COAH for substantive certification, or brought a declaratory relief
action in court pursuant to N.J.S.A. 52:27D-313 and has received approval
of its development fee ordinance by COAH or a court. If the Township
of Mannington fails to renew its ability to impose and collect development
fees prior to the expiration of its judgment of compliance, 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 section 20 of P.L. 1985, c.222 (N.J.S.A. 52:27D-320). The Township
of Mannington shall not 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
Township of Mannington retroactively impose a development fee on such
a development. The Township of Mannington shall not expend development
fees after the expiration of its judgment of compliance.