[Amended 3-27-2018 by Ord. No. 2018-02]
A. This chapter became effective when COAH approved the Borough's
development fee ordinance and remains effective pursuant to the Superior
Court's jurisdiction in accordance with N.J.A.C. 5:93-8.
B. COAH approved the Borough's initial Spending Plan on July 7,
1998. Subsequently, in an Order of December 18, 2017, the Superior
Court conditionally approved the Borough's Amended Third Round
Spending Plan. Consequently, upon the entry of an order granting an
unconditional Final Judgment of Compliance and Repose to Ho-Ho-Kus,
Ho-Ho-Kus may spend development fees in conformance with N.J.A.C.
5:93-8.
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 THE COUNCIL
The New Jersey Council on Affordable Housing established
under the Fair Housing Act.
[Amended 3-27-2018 by Ord. No. 2018-02]
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. 5:93-8.
[Amended 3-27-2018 by Ord. No. 2018-02]
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.
[Amended 3-27-2018 by Ord. No. 2018-02]
On or about January 12 of each year through 2025, Ho-Ho-Kus
shall provide annual reporting of trust fund activity to the New Jersey
Department of Community Affairs (DCA), COAH, or Local Government Services
(LGS), or other entity designated by the State of New Jersey, with
a copy provided to Fair Share Housing Center and Intervenors and posted
on the municipal website, using forms developed for this purpose by
the DCA, COAH, or LGS. This reporting shall include an accounting
of all Housing Trust Fund activity, including the collection of development
fees from residential and nonresidential 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 Ho-Ho-Kus's housing program, as
well as to the expenditure of revenues and implementation of the plan
approved by the Court.
[Amended 3-27-2018 by Ord. No. 2018-02]
The ability for Ho-Ho-Kus to impose, collect and expend development
fees shall expire with its Court-issued Judgment of Compliance and
Repose unless Ho-Ho-Kus has filed an adopted Housing Element and Fair
Share Plan with the Court or other appropriate jurisdiction, has filed
a Declaratory Judgment Action, and has received the Court's approval
of its development fee ordinance. If Ho-Ho-Kus fails to renew its
ability to impose and collect development fees prior to the expiration
of its Judgment of Compliance and Repose, 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). Ho-Ho-Kus 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
and Repose, nor shall Ho-Ho-Kus retroactively impose a development
fee on such a development. Ho-Ho-Kus shall not expend development
fees after the expiration of its Judgment of Compliance and Repose.