[Ord. #017-08 § 1]
The following terms, as used in this section, shall have the
following meanings:
AFFORDABLE HOUSING DEVELOPMENT
Shall mean 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 100% affordable
development.
COUNCIL ON AFFORDABLE HOUSING
Shall mean the New Jersey Council on Affordable Housing established
under the Fair Share Housing Act, which has primary jurisdiction for
the administration of housing obligations in accordance with sound
regional planning consideration in the State.
DEMOLISHED
Shall mean any act or process that renders more than 50%
of a structure or building unsafe for human occupancy or use shall
be considered demolished for the purposes of this section.
DEVELOPER
Shall mean 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 propriety interest in such land.
DEVELOPMENT FEE
Shall mean funds paid by any person for the improvement of
property as permitted in N.J.A.C. 5:97-8.3.
EQUALIZED ASSESSED VALUE
Shall mean 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 (C. 54:1-35a through C. 54:1-35c).
GREEN BUILDING STRATEGIES
Shall mean 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.
LIVING SPACE
Shall mean all internal areas of a dwelling with a floor
to ceiling height of greater than six feet, exclusive of garages which
are not to be considered as living space.
NATURAL DISASTER
Shall mean a catastrophic event, such as a hurricane, flood,
earthquake, volcanic eruption, landslide, blizzard, or other natural
phenomena that causes extensive human casualties, property damage
or both.
[Ord. #017-08 § 1]
The Town of Guttenberg 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,
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 Town of
Guttenberg's 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.
[Ord. #017-08 § 1]
The ability for the Town of Guttenberg to impose, collect and
expend development fees shall expire with its substantive certification
unless the Town of Guttenberg 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 Town of Guttenberg 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 and 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 (C. 52:27D-320). The Town of Guttenberg
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, nor shall the Town of Guttenberg
retroactively impose a development fee on such a development. The
Town of Guttenberg shall not expend development fees after the expiration
of its substantive certification or judgment of compliance.