[Added 11-23-2009 by Ord.
No. 2009-12]
The following terms when used in this article shall have the
meanings given in this section:
ACCESSORY APARTMENT
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site.
ACT
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
ADAPTABLE
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
ADMINISTRATIVE AGENT
The entity responsible for the administration of affordable
units in accordance with this chapter, N.J.A.C. 5:96, N.J.A.C. 5:97
and N.J.A.C. 5:80-26.1 et seq.
AFFIRMATIVE MARKETING
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
AFFORDABILITY AVERAGE
The average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
AFFORDABLE
A sales price or rent within the means of a low- or moderate-income
household as defined in N.J.A.C. 5:97-9; in the case of an ownership
unit, that the sales price for the unit conforms to the standards
set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented,
and, in the case of a rental unit, that the rent for the unit conforms
to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended
and supplemented.
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 100% affordable development.
AFFORDABLE HOUSING PROGRAM(S)
Any mechanism in a municipal fair share plan prepared or
implemented to address a municipality's fair share obligation.
AFFORDABLE UNIT
A housing unit proposed or created pursuant to the Act, credited
pursuant to N.J.A.C. 5:97-4, and/or funded through an affordable housing
trust fund.
AGE-RESTRICTED UNIT
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that:
A.
All the residents of the development where the unit is situated
are 62 years or older; or
B.
At least 80% of the units are occupied by one person that is
55 years or older; or
C.
The development has been designated by the Secretary of the
U.S. Department of Housing and Urban Development as "housing for older
persons" as defined in Section 807(b)(2) of the Fair Housing Act,
42 U.S.C. § 3607.
AGENCY
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
ASSISTED LIVING RESIDENCE
A facility licensed by the New Jersey Department of Health
and Senior Services to provide apartment-style housing and congregate
dining and to assure that assisted living services are available when
needed for four or more adult persons unrelated to the proprietor
and that offers units containing, at a minimum, one unfurnished room,
a private bathroom, a kitchenette and a lockable door on the unit
entrance.
CERTIFIED HOUSEHOLD
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
COAH
The Council on Affordable Housing, which is in, but not of,
the Department of Community Affairs of the State of New Jersey, that
was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301
et seq.).
DCA
The State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT
A housing unit with health and safety code violations that
require the repair or replacement of a major system. A major system
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load bearing structural systems.
DEVELOPER
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
INCLUSIONARY DEVELOPMENT
A development containing both affordable units and market-rate
units. This term includes, but is not necessarily limited to, new
construction, the conversion of a nonresidential structure to residential
and the creation of new affordable units through the reconstruction
of a vacant residential structure.
LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal
to 50% or less of the median household income.
LOW-INCOME UNIT
A restricted unit that is affordable to a low-income household.
MAJOR SYSTEM
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building which
include, but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement or load-bearing structural systems.
MARKET-RATE UNITS
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
MEDIAN INCOME
The median income by household size for the applicable county,
as adopted annually by COAH.
MODERATE-INCOME HOUSEHOLD
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
MUNICIPAL HOUSING LIAISON
The employee charged by the governing body with the responsibility
for oversight and administration of the affordable housing program
for the Borough of Prospect Park.
NONEXEMPT SALE
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a Class A
beneficiary and the transfer of ownership by court order.
RANDOM SELECTION PROCESS
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
REGIONAL ASSET LIMIT
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by COAH's adopted Regional Income Limits published annually
by COAH.
REHABILITATION
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
RENT
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, rent does
not include charges for food and services.
RESTRICTED UNIT
A dwelling unit, whether a rental unit or ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
UHAC
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
VERY-LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal
to 30% or less of the median household income.
WEATHERIZATION
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for rehabilitation.
The Borough of Prospect Park has determined that it will use
the following mechanisms to satisfy its affordable housing obligations:
A. Rehabilitation program.
(1)
Borough of Prospect Park's rehabilitation program shall be implemented
by a COAH-approved entity and shall be designed to renovate deficient
housing units occupied by low- and moderate-income households such
that, after rehabilitation, these units will comply with the New Jersey
State Housing Code pursuant to N.J.A.C. 5:28.
(2)
Both owner-occupied and renter-occupied units shall be eligible
for rehabilitation funds.
(3)
All rehabilitated units shall remain affordable to low- and
moderate-income households for a period of 10 years (the control period).
For owner-occupied units the control period will be enforced with
a lien, and for renter-occupied units the control period will be enforced
with a deed restriction.
(4)
The Borough of Prospect Park shall dedicate a minimum of $10,000
for each unit to be rehabilitated through this program, reflecting
the minimum hard cost of rehabilitation for each unit.
(5)
The Borough of Prospect Park shall adopt a resolution committing
to fund any shortfall in the rehabilitation programs for the Borough
of Prospect Park.
(6)
The Borough of Prospect Park shall designate, subject to the
approval of COAH, one or more administrative agents to administer
the rehabilitation program in accordance with N.J.A.C. 5:96 and N.J.A.C.
5:97. The administrative agent(s) shall provide a rehabilitation manual
for the owner occupancy rehabilitation program and a rehabilitation
manual for the rental occupancy rehabilitation program to be adopted
by resolution of the governing body and subject to approval of COAH.
Both rehabilitation manuals shall be available for public inspection
in the office of the Municipal Clerk and in the office(s) of the administrative
agent(s).
(7)
Units in a rehabilitation program shall be exempt from N.J.A.C.
5:97-9 and Uniform Housing Affordability Controls (UHAC), but shall
be administered in accordance with the following:
(a)
If a unit is vacant, upon initial rental subsequent to rehabilitation,
or if a renter-occupied unit is rerented prior to the end of controls
on affordability, the deed restriction shall require the unit to be
rented to a low- or moderate-income household at an affordable rent
and affirmatively marketed pursuant to N.J.A.C. 5:97-9 and UHAC.
(b)
If a unit is renter-occupied, upon completion of the rehabilitation,
the maximum rate of rent shall be the lesser of the current rent or
the maximum permitted rent pursuant to N.J.A.C. 5:97-9 and UHAC.
(c)
Rents in rehabilitated units may increase annually based on
the standards in N.J.A.C. 5:97-9.
(d)
Applicant and/or tenant households shall be certified as income-eligible
in accordance with N.J.A.C. 5:97-9 and UHAC, except that households
in owner occupied units shall be exempt from the regional asset limit.
Presumptive densities and set-asides. To ensure the efficient
use of land through compact forms of development and to create realistic
opportunities for the construction of affordable housing, inclusionary
zoning permits minimum presumptive densities and presumptive maximum
affordable housing set-asides as follows in Planning Area 1:
A. For-sale developments.
(1)
Inclusionary zoning in Planning Area 1 permits residential development
at a presumptive minimum gross density of eight units per acre and
a presumptive maximum affordable housing set-aside of 25% of the total
number of units in the development;
(2)
The zoning of the Q-MR-1 and Q-MR-2 Districts permits a gross
density ratio of 12 units per acre. Any applicant seeking to develop
properties located within the Q-MR-1 District shall provide for 20%
of the total development to be set aside as affordable housing in
accordance with COAH's substantive regulations at N.J.A.C. 5:97-6.4.
(3)
Any applicant seeking to develop properties located within the
Q-MR-2 Districts shall provide for 25% of the total development to
be set aside as affordable housing in accordance with COAH's substantive
regulations at N.J.A.C. 5:97-6.4.
(4)
The zoning of the B-C, B-G-1 and VCR Zones permits a gross density
of 19 units per acre. Any applicant seeking to develop properties
located within the B-C, B-G-1 and VCR Zoning Districts shall provide
for 20% of the total development to be set aside as affordable housing
in accordance with COAH's substantive regulations at N.J.A.C. 5:97-6.4.
B. Rental developments.
(1)
The zoning of the Q-MR-1 and Q-MR-2 Districts permits a gross
density ratio of 12 units per acre. Any applicant seeking to develop
properties located within the Q-MR-1 and Q-MR-2 Districts shall provide
for 20% of the total development to be set aside as affordable housing
in accordance with COAH's substantive regulations at N.J.A.C. 5:97-6.4.
Of the total number of affordable units in the development, at least
20% must be affordable to households earning 30% or less of the area
median income for the COAH region.
(2)
The zoning of the B-C, B-G-1, and VCR Districts permits a gross
density ratio of 19 units per acre. Any applicant seeking to develop
properties located within the B-C, B-G-1 and VCR Districts shall provide
for 20% of the total development to be set aside as affordable housing
in accordance with COAH's substantive regulations at N.J.A.C. 5:97-6.4.
Of the total number of affordable units in the development, at least
13% must be affordable to households earning 30% or less of the area
median income for the COAH region.
C. Phasing. In inclusionary developments the following schedule shall
be followed:
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
---|
25%
|
0%
|
25% + 1
|
10%
|
50%
|
50%
|
75%
|
75%
|
90%
|
100%
|
D. Design. In inclusionary developments, to the extent possible, low-
and moderate-income units shall be integrated with the market units.
E. Payments in lieu and off-site construction. The standards for the
collection of payments in lieu of constructing affordable units or
standards for constructing affordable units off site, shall be in
accordance with N.J.A.C. 5:97-6.4.
F. Utilities. Affordable units shall utilize the same type of heating
source as market units within the affordable development.
The following general guidelines apply to all newly constructed
developments that contain low- and moderate-income housing units,
including any currently unanticipated future developments that will
provide low- and moderate-income housing units.
A. Low/moderate split and bedroom distribution of affordable housing
units.
(1)
The fair share obligation shall be divided equally between low-
and moderate-income units, except that where there is an odd number
of affordable housing units, the extra unit shall be a low-income
unit.
(2)
In each affordable development, at least 50% of the restricted
units within each bedroom distribution shall be low-income units.
(3)
Affordable developments that are not age-restricted shall be
structured in conjunction with realistic market demands such that:
(a)
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
(b)
At least 30% of all low- and moderate-income units shall be
two-bedroom units;
(c)
At least 20% of all low- and moderate-income units shall be
three-bedroom units; and
(d)
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
(4)
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
The standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
B. Accessibility requirements.
(1)
The first floor of all restricted townhouse dwelling units and
all restricted units in all other multistory buildings shall be subject
to the technical design standards of the Barrier Free Subcode, N.J.A.C.
5:23-7 and N.J.A.C. 5:97-3.14.
(2)
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
(a)
An adaptable toilet and bathing facility on the first floor;
(b)
An adaptable kitchen on the first floor;
(c)
An interior accessible route of travel on the first floor;
(d)
An interior accessible route of travel shall not be required
between stories within an individual unit;
(e)
An adaptable room that can be used as a bedroom, with a door
or the casing for the installation of a door, on the first floor;
and
(f)
An accessible entranceway as set forth at P.L. 2005, c. 350
(N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C.
5:23-7 and N.J.A.C. 5:97-3.14, or evidence that the Borough of Prospect
Park has collected funds from the developer sufficient to make 10%
of the adaptable entrances in the development accessible:
[1] Where a unit has been constructed with an adaptable
entrance, upon the request of a disabled person who is purchasing
or will reside in the dwelling unit, an accessible entrance shall
be installed.
[2] To this end, the builder of restricted units shall
deposit funds within the Borough of Prospect Park affordable housing
trust fund sufficient to install accessible entrances in 10% of the
affordable units that have been constructed with adaptable entrances.
[3] The funds deposited under Subsection
B(2)(f)[2] above shall be used by the Borough of Prospect Park for the sole purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
[4] The developer of the restricted units shall submit
a design plan and cost estimate for the conversion from adaptable
to accessible entrances to the Construction Official of the Borough
of Prospect Park.
[5] Once the Construction Official has determined that
the design plan to convert the unit entrances from adaptable to accessible
meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7
and N.J.A.C. 5:97-3.14, and that the cost estimate of such conversion
is reasonable, payment shall be made to the Borough of Prospect Park's
affordable housing trust fund in care of the Municipal Treasurer who
shall ensure that the funds are deposited into the affordable housing
trust fund and appropriately earmarked.
[6] Full compliance with the foregoing provisions shall
not be required where an entity can demonstrate that it is site impracticable
to meet the requirements. Determinations of site impracticability
shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7
and N.J.A.C. 5:97-3.14.
Price restrictions for restricted ownership units shall be in
accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
including:
A. The initial purchase price for a restricted ownership unit shall
be approved by the administrative agent.
B. The administrative agent shall approve all resale prices, in writing
and in advance of the resale, to assure compliance with the foregoing
standards.
C. The method used to determine the condominium association fee amounts
and special assessments shall be indistinguishable between the low-
and moderate-income unit owners and the market unit owners.
D. The owners of restricted ownership units may apply to the administrative
agent to increase the maximum sales price for the unit on the basis
of capital improvements. Eligible capital improvements shall be those
that render the unit suitable for a larger household or the addition
of a bathroom.
The position of Municipal Housing Liaison (MHL) for Borough
of Prospect Park is established by this chapter. The Borough of Prospect
Park Mayor and Council shall make the actual appointment of the MHL
by means of a resolution.
A. The MHL must be either a full-time or part-time employee of the Borough
of Prospect Park.
B. The person appointed as the MHL must be reported to COAH for approval.
C. The MHL must meet all COAH requirements for qualifications, including
initial and periodic training.
D. The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Borough
of Prospect Park, including the following responsibilities which may
not be contracted out to the administrative agent:
(1)
Serving as the municipality's primary point of contact for all
inquiries from the state, affordable housing providers, administrative
agents and interested households;
(2)
The implementation of the affirmative marketing plan and affordability
controls.
(3)
When applicable, supervising any contracting administrative
agent.
(4)
Monitoring the status of all restricted units in the Borough
of Prospect Park Fair Share Plan;
(5)
Compiling, verifying and submitting annual reports as required
by COAH;
(6)
Coordinating meetings with affordable housing providers and
administrative agents, as applicable; and
(7)
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing as offered
or approved by COAH.
E. The Borough of Prospect Park shall designate by resolution of the
Mayor and Council, subject to the approval of COAH, one or more administrative
agents to administer newly constructed affordable units in accordance
with N.J.A.C. 5:96, N.J.A.C. 5:97 and UHAC.
F. An operating manual shall be provided by the administrative agent(s)
to be adopted by resolution of the governing body and subject to approval
of COAH. The operating manuals shall be available for public inspection
in the office of the Municipal Clerk and in the office(s) of the administrative
agent(s).
G. The administrative agent shall perform the duties and responsibilities
of an administrative agent as are set forth in UHAC and which are
described in full detail in the operating manual, including those
set forth in N.J.A.C. 5:80-26.14, 5:80-26.16 and 5:80-26.18 thereof,
which includes:
(1)
Attending continuing education opportunities on affordability
controls, compliance monitoring, and affirmative marketing as offered
or approved by COAH;
(7)
Processing requests from unit owners; and
(8)
Enforcement, though the ultimate responsibility for retaining
controls on the units rests with the municipality.
(9)
The administrative agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities, hereunder.
Appeals from all decisions of an administrative agent designated
pursuant to this chapter shall be filed, in writing, with the Executive
Director of COAH.
[Added 11-23-2009 by Ord.
No. 2009-13]
As used in this article, the following words and phrases shall
have the following meanings:
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 100% affordable development.
COAH or THE COUNCIL
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.
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 FEES
Money paid by an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
by COAH regulations.
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.
SUBSTANTIVE CERTIFICATION
A determination by the Council approving a municipality's
Housing Element and Fair Share Plan in accordance with the provisions
of the Act, this chapter and N.J.A.C. 5:96. A grant of substantive
certification may run for a period of 10 years beginning on the date
that a municipality files its Housing Element and Fair Share Plan
with the Council in accordance with N.J.S.A. 52:27D-313, but shall
not extend beyond December 31, 2019.
The expenditure of all funds shall conform to a spending plan
approved by COAH. Funds deposited in the housing trust fund may be
used for any activity approved by COAH to address the Borough of Prospect
Park's fair share obligation and may be set up as a grant or revolving
loan program. Such activities include, but are not limited to, preservation
or purchase of housing for the purpose of maintaining or implementing
affordability controls, rehabilitation, new construction of affordable
housing units and related costs, accessory apartment, market to affordable,
or regional housing partnership programs, conversion of existing nonresidential
buildings to create new affordable units, green building strategies
designed to be cost saving and in accordance with accepted national
or state standards, purchase of land for affordable housing, improvement
of land to be used for affordable housing, extensions or improvements
of roads and infrastructure to affordable housing sites, financial
assistance designed to increase affordability, administration necessary
for implementation of the Housing Element and Fair Share Plan, or
any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through
5:97-8.9 and specified in the approved spending plan.
A. Funds shall not be expended to reimburse the Borough of Prospect
Park for past housing activities.
B. At least 30% of all development fees collected and interest earned
shall be used to provide affordability assistance to low- and moderate-income
households in affordable units included in the municipal Fair Share
Plan. One-third of the affordability assistance portion of development
fees collected shall be used to provide affordability assistance to
those households earning 30% or less of median income by region.
(1)
Affordability assistance programs may include downpayment assistance,
security deposit assistance, low-interest loans, rental assistance,
assistance with homeowners' association or condominium fees and special
assessments, and assistance with emergency repairs.
(2)
Affordability assistance to households earning 30% or less of
median income may include buying down the cost of low- or moderate-income
units in the Municipal Fair Share Plan to make them affordable to
households earning 30% or less of median income.
(3)
Payments in lieu of constructing affordable units on site and
funds from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
C. The Borough of Prospect Park may contract with a private or public
entity to administer any part of its Housing Element and Fair Share
Plan, including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:96-18.
D. No more than 20% of all revenues collected from development fees
may be expended on administration, including, but not limited to,
salaries and benefits for municipal employees or consultant fees necessary
to develop or implement a new construction program, a Housing Element
and Fair Share Plan, and/or an affirmative marketing program. In the
case of a rehabilitation program, no more than 20% of the revenues
collected from development fees shall be expended for such administrative
expenses. Administrative funds may be used for income qualification
of households, monitoring the turnover of sale and rental units, and
compliance with COAH's monitoring requirements. Legal or other fees
related to litigation opposing affordable housing sites or objecting
to the Council's regulations and/or action are not eligible uses of
the affordable housing trust fund.
This article shall expire if:
A. COAH or a court of competent jurisdiction revokes substantive certification.
B. Substantive certification/judgment of repose expires prior to the
Borough filing an adopted housing element with COAH, petitioning for
substantive certification or receiving COAH or court approval of this
article.
The Borough of Prospect Park shall complete and return to COAH
all monitoring forms included in monitoring requirements 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 Borough
of Prospect Park'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.
The ability for the Borough of Prospect Park to impose, collect
and expend development fees shall expire with its substantive certification
unless the Borough of Prospect Park 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 Borough of Prospect Park 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 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 Borough of Prospect Park 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 Borough of Prospect Park
retroactively impose a development fee on such a development. The
Borough of Prospect Park shall not expend development fees after the
expiration of its substantive certification or judgment of compliance.