As used herein, the following terms 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 that 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 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 §§ 1,
5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through c).
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 Township shall complete and return to COAH all monitoring
forms included in monitoring requirements related to 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 the Township's affordable
housing program, as well as to the expenditure of revenues and implementation
of the plan certified by COAH. All monitoring reports shall be completed
on forms designed by COAH.
The Township's ability to impose, collect and expend development
fees shall expire with its substantive certification unless the Township
has filed an adopted Housing Element and Fair Share Plan with COAH,
has petitioned for substantive certification, and has received COAH's
approval of its development fee ordinance. If the Township 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 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). The Township 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
Township retroactively impose a development fee on such a development.
The Township shall not expend development fees after the expiration
of its substantive certification or judgment of compliance.
This article and the provisions set forth in §§
110-5 through
110-14 above are being adopted in accordance with the policies, procedures and requirements of the New Jersey Council on Affordable Housing. Pursuant to COAH's requirements for approval of a municipal development fee ordinance and the model ordinance promulgated by COAH, the Township is required to, and has, included provisions for the assessment and collection of nonresidential development fees ("NRDF"). Notwithstanding the inclusion of such provisions as required by COAH, the Township notes and acknowledges the following legislative enactments that impact upon the collection of the NRDF:
A. Sections 32 through 38 of P.L. 2008, C. 46 (N.J.S.A. 40:55D-8.1 through
40:55D-8.7), known as the "Statewide Non-Residential Development Fee
Act," preempt and void any provision of a local ordinance which imposes
a fee for the development of affordable housing upon a developer of
nonresidential property, including any and all development fee ordinances
adopted in accordance with any regulations of the Council on Affordable
Housing. (See N.J.S.A. 40:55D-8.7a.)
B. Sections 36 through 41 of P.L. 2009, C. 90, known as the "Economic
Stimulus Act of 2009," in relevant part, suspends the NRDF imposed
by the Statewide Non-Residential Development Fee Act, and, in particular,
provides that the imposition of such fee upon the developer of nonresidential
property shall not apply to nonresidential property for which preliminary
or final site plan approval, or capital project review pursuant to
N.J.S.A. 40:55D-31, was obtained prior to July 1, 2010, provided that
a permit for the construction of the building has been issued by the
local enforcing agency prior to January 1, 2013.
C. As such, the Township shall continue to assess and collect any NRDF
in accordance with all applicable laws.