In Holmdel Buildings Assn. 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-301 et seq., and
the State Constitution subject to COAH development rules. The purpose of this
article is to establish standards for the collection, maintenance and expenditure
of development fees pursuant to COAH's rules. Fees collected pursuant to this
article shall be used for the sole purpose of providing low- and moderate-income
housing. This chapter shall be interpreted within the framework of COAH's
rules on development fees.
As used in this article, the following terms shall have the meanings
indicated:
COAH
The New Jersey Council on Affordable Housing.
DEVELOPMENT FEES
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
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 building permit may be obtained by the Tax Assessor utilizing
estimates for construction cost. Final equalized assessed value will be determined
at project completion by the Municipal Tax Assessor.
JUDGMENT OF REPOSE
A judgment issued by the Superior Court approving a municipality's
plan to satisfy its fair-share obligation.
SUBSTANTIVE CERTIFICATION
A determination by COAH approving a municipality's housing element
and fair-share plan in accordance with the provisions of the 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
contained therein.
This chapter shall expire if:
A. COAH dismisses or denies a petition for substantive certification
by the Borough.
B. COAH revokes substantive certification or its certification
of this chapter.
C. Substantive certification/judgment of repose expires
prior to the Borough filing an adopted housing element with COAH, petitioning
for substantive certification or receiving approval of this article.