All fees due pursuant to the formulas set forth above shall
be payable as follows: 50% upon receipt of a building permit and 50%
upon issuance of the first certificate of occupancy.
The City shall collect information on each applicant for low-
and moderate-income housing on forms approved by COAH. Such report
shall include:
A. Monitoring forms approved by COAH;
B. An evaluation of the income and demographic characteristics of each
applicant of low- and moderate-income housing, as well as the occupants
of the units; and
C. An evaluation of any necessary adjustments in the affirmative marketing
program as a result of the evaluation in Subsection B above.
The City shall submit to the court a spending plan for the development
fees the City anticipates it will collect pursuant to this chapter.
Plans to spend development fees shall consist of the following information:
A. A projection of revenues anticipated from imposing fees on development
based on historic activity;
B. A description of the administrative mechanism that the City will
use to collect and distribute revenues;
C. A description of the anticipated use of all development fees;
D. A schedule for the creation or rehabilitation of housing units;
E. In the event the City envisions being responsible for public sector
or nonprofit construction of housing, a pro forma statement of the
anticipated costs and revenues associated with the development; and
F. The manner through which the City will address any expected or unexpected
shortfall if the anticipated revenues from development fees are not
sufficient to implement the plan.
The regulations in Article
XVII shall expire if:
A. The court revokes the Judgment of Repose the City anticipates that
the court will enter in the ongoing affordable housing litigation.
B. The Judgment of Repose expires prior to the City filing an adopted
Housing Plan Element with COAH or the court and seeking COAH's or
the court's approval of the Housing Plan Element.
C. The court denies the City's efforts to secure approval of its Housing
Plan Element and Fair Share Plan in its current form or in a form
acceptable to the City and the court.