The following terms, as used in this chapter, 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 Fair Housing Act which previously had primary jurisdiction
for the administration of housing obligations in accordance with sound
regional planning consideration in the state. Pursuant to the Executive
Reorganization Act of 1969, P.L. 1969, c. 203 (C. 52:14C-1 et seq.),
the Governor abolished the Council and transferred all functions,
powers, and duties to the Commissioner of the Department of Community
Affairs, effective August 29, 2011. As such, any and all references
to COAH shall mean the department.
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 FEE
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.
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 (C. 54:1-35a through C.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.
The Town of Phillipsburg shall complete and return to the Department
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 Town of
Phillipsburg's housing program, as well as to the expenditure
of revenues and implementation of the plan approved by the court.
All monitoring reports shall be completed on forms designed by the
Department.
The ability for the Town of Phillipsburg to impose, collect
and expend development fees shall expire with its judgment of compliance
unless the Town of Phillipsburg has filed an adopted Housing Element
and Fair Share Plan with the Department, has petitioned for substantive
certification, and has received the Department's approval of
its development fee ordinance. If the Town of Phillipsburg fails to
renew its ability to impose and collect development fees prior to
the expiration of 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 (C. 52:27D-320). The Town of Phillipsburg 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 Town of Phillipsburg
retroactively impose a development fee on such a development. The
Town of Phillipsburg shall not expend development fees after the expiration
of its substantive certification or judgment of compliance.