In Holmdel Builder's Association v. Holmdel,
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 Council on Affordable Housing developing 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 article shall
be interpreted within the framework of COAH's rules on development
fees.
Developers that are required to pay the development
fees as provided for in this article shall pay the fee in effect at
the time they apply for a final certificate of occupancy.
The Borough shall complete and return to COAH
all monitoring forms related to the collection of development fees,
expenditures of revenues and implementation of the spending plan certified
by COAH. Quarterly financial reports and annual program implementation
and auditing reports shall be completed by the Borough on forms designed
by COAH.
This article shall expire if:
A. COAH dismisses or denies the Borough's petition for
substantive certification.
B. The Borough's substantive certification is revoked.
C. The substantive certification expires prior to the
Borough's filing an adopted housing element with COAH, petitioning
for substantive certification or receiving COAH's approval of this
article.
[Added 12-17-2008 by Ord. No. 26-2008]
[Amended 5-20-2020 by Ord. No. 9-2020]
The purpose of this article is to create the administrative mechanisms needed for the execution of the Borough of Hopatcong's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985 and to administer and enforce the short-term rental requirements of Chapter
189 of the Code of the Borough of Hopatcong.
As used in this article, the following terms
shall have the meanings indicated:
ADMINISTRATIVE AGENT
The entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
the Borough of Hopatcong to ensure that the restricted units under
administration are affirmatively marketed and sold or rented, as applicable,
only to low- and moderate-income households.
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 Hopatcong.