housing obligations and municipal Fair Share plans and housing elements with the
Act.
“DCA” and “Department” mean the State of New Jersey Department of Community
Affairs.
“Deficient housing unit” means 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.
“Department” means the New Jersey Department of Community Affairs.
“Developer” means 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” means the division of a parcel of land into two or more parcels, the
construction, reconstruction, conversion, structural alteration, relocation, or
enlargement 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 the
Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
“Development fee” means money paid by a developer for the improvement of
residential and non-residential property as permitted pursuant to N.J.S.A. 52:27D-
329.2 and 40:55D-8.1 through 40:55D-8.7 and N.J.A.C. 5:99-3.
“Dispute Resolution Program” means the Affordable Housing Dispute Resolution
Program, established pursuant to section 5 at P.L. 2024, c. 2 (N.J.S.A. 52:27D-
313.2).
“Division” means the Division of Local Planning Services within the Department of
Community Affairs.
“Emergent opportunity” means a circumstance that has arisen whereby affordable
housing will be able to be produced through a delivery mechanism not originally
contemplated by or included in a fair share plan that has been the subject of a
compliance certification.
“Equalized assessed value” or “EAV” means 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
at P.L. 1973, c. 123 (N.J.S.A. 54:1-35a, 54:1-35b,and 54:1-35c). Estimates at the
time of building permit may be obtained by the tax assessor using construction cost
estimates. Final EAV shall be determined at project completion by the municipal
assessor.
“Equity share amount” means the product of the price differential and the equity
share, with the equity share being the whole number of years that have elapsed
since the last non-exempt sale of a restricted ownership unit, divided by 100, except