[Ord. No. O-05-33 § 1]
In Holmdel Builder's Ass'n v. Holmdel Township, 121 N.J. 550
(1990), the New Jersey Supreme Court determined that mandatory development
fees are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27d-307
et seq., and the State Constitution subject to the Council on Affordable
Housing's (COAH) adoption of rules. The purpose of this section is
to establish standards for the collection, maintenance and expenditure
of development fees pursuant to COAH's rules. Fees collected pursuant
to this section shall be used for the sole purpose of providing low-
and moderate-income housing. This section shall be interpreted within
the framework of COAH's rules on development fees.
[Ord. No. O-05-33 § 1]
This section shall expire if:
a. COAH dismisses or denies the City of Bayonne's petition for substantive
certification;
b. COAH revokes substantive certification or this section;
c. The substantive certification/judgment of compliance expires prior
to the City of Bayonne filing an adopted housing element with COAH
or the Court, petitioning for third round substantive certification
and receiving COAH's approval of this section.
d. For urban aid municipalities, when COAH's approval to collect development
fees expire.
[Ord. No. O-05-33 § 1]
As used in this section, the following terms have the meaning
indicated as follows:
COAH
Shall mean the New Jersey Council on Affordable Housing.
DEVELOPMENT FEES
Shall mean money paid by an individual, person, partnership,
association, company or corporation for the improvement of property
as permitted in COAH's rules.
EQUALIZED ASSESSED VALUE
Shall mean the value of a property determined by the Municipal
Tax Assessor through a process designed to ensure that all property
in the municipality is assessed at the same assessment ratio or ratios
required by law. Estimates at the time of issuance of a building permit
may be obtained utilizing estimates for construction cost. Final equalized
assessed value will be determined at project completion by the Municipal
Tax Assessor.
SUBSTANTIVE CERTIFICATION
Shall mean a determination by COAH approving a municipality's
housing element and fair share plan in accordance with the provisions
of the Fair Housing Act and the rules and criteria as set forth herein.
A grant of substantive certification shall be valid for a period of
six years in accordance with the terms and conditions therein.