The following terms, as used in this ordinance, 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 N.J.S.A.
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 shall complete and return to COAH all monitoring forms
included in monitoring requirements related to the collection of development
fees from residential and non-residential developers, payments in
lieu of constructing affordable units on site, 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 City's housing program,
as well as to the expenditure of revenues and implementation of the
plan certified by COAH or approved by the court. All monitoring reports
shall be completed on forms designed by COAH.
The ability for the City to impose, collect and expend development
fees shall expire with its substantive certification from COAH or
judgment of compliance from the court (as the case may be) unless
the City has filed an adopted Housing Element and Fair Share Plan
with COAH, has petitioned for substantive certification or the entry
of a judgment of compliance from the court, and has received COAH's
approval of its development fee ordinance. If the City fails to renew
its ability to impose and collect development fees prior to the expiration
of substantive certification or 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 City
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 retroactively impose a development fee on such a development.
The City shall not expend development fees after the expiration of
its substantive certification or judgment of compliance.