For purposes of this chapter, the following phrases and words
shall have the meanings indicated.
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
The New Jersey Council on Affordable Housing established
under the Fair Housing Act, which previously had primary jurisdiction
for the administration of housing obligations in accordance with sound
regional planning consideration in the State. Pursuant to In the Matter
of the Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council
on Affordable Housing, 221 N.J. (2015), the New Jersey Supreme Court
returned primary jurisdiction over affordable housing matters to the
trial courts. As such, until and unless COAH adopts new regulations
or a new statute is passed, any and all references to COAH shall mean
the trial courts or any agency that supersedes COAH.
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
Funds paid by an individual, person, partnership, association,
company, or corporation for the improvement of property as permitted
in N.J.A.C. 5:93-8.
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 Township of Montville 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 Montville'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 Township of Montville to impose, collect,
and expend development fees shall expire with its substantive certification
or judgment of compliance unless the Township of Montville 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 of Montville fails
to renew its ability to impose and collect development fees prior
to the date of expiration of substantive certification or 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 Montville 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 of Montville retroactively
impose a development fee on such a development. The Township of Montville
shall not expend development fees after the expiration of its substantive
certification or judgment of compliance.