Prior Ordinance history includes portions of Ordinance Nos.
99-14, 06-30 and 11-28.
[Ord. #18-22]
This ordinance shall be known and may be cited the Development
Fee Ordinance of City of Ocean City.
[Ord. #18-22]
The following terms, as used in this ordinance, shall have the
following meanings:
AFFORDABLE HOUSING DEVELOPMENT
Means 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 (100%) affordable
development.
COAH OR THE COUNCIL
Means the New Jersey Council on Affordable Housing established
under the Act which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the State.
DEVELOPMENT FEE
Means money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.
DEVELOPER
Means 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.
EQUALIZED ASSESSED VALUE
Means 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
Means 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
service.
[Ord. #18-22]
The City of Ocean City shall provide annual reporting of Affordable
Housing Trust Fund activity to the State of New Jersey, Department
of Community Affairs, the Council on Affordable Housing or Local Government
Services or other entity designated by the State of New Jersey, with
a copy provided to Fair Share Housing Center and posted on the municipal
website, using forms developed for this purpose by the New Jersey
Department of Community Affairs, Council on Affordable Housing or
Local Government Services. The reporting shall include an accounting
of all Affordable Housing Trust Fund activity including the sources
and amounts of funds collected and the amounts and purposes for which
any funds have been expended. Such reporting shall include an accounting
of development fees collected from residential and non-residential
developers, payments in lieu of constructing affordable units on site(if
permitted by Ordinance or by an Agreement with the City), funds from
the sale of units with extinguished controls, barrier free escrow
funds, rental income from owned affordable housing units, repayments
from affordable housing program loans, and any other funds collected
in connection with Ocean City's affordable housing programs, as well
as an accounting of the expenditures of revenues and implementation
of the Spending Plan approved by the Court.
[Ord. #18-22]
The ability of the City of Ocean City to impose, collect and
expend development fees shall expire with its Judgement of Compliance
unless the City of Ocean City has filed an adopted Housing Element
and Fair Share Plan with the Court or a designated State administrative
agency, has petitioned for a Judgement of Compliance from the Court
and has received approval of its development fee ordinance. If the
City of Ocean City fails to renew its ability to impose and collect
development fees prior to the expiration of the Judgement 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 City of
Ocean City shall not impose a residential development fee on a development
that receives preliminary or final site plan approval after the expiration
of its Judgement of Compliance, nor shall the City of Ocean City retroactively
impose a development fee on such a development. The City of Ocean
City shall not expend development fees after the expiration of its
Judgement of Compliance.