repayments from affordable housing program loans, enforcement fines, unexpended
RCA funds remaining from a completed RCA project, application fees, and any other
funds collected by the municipality in connection with its affordable housing
programs, which shall be used to address municipal low- and moderate-income
housing obligations within the time frames established by the Legislature and this
chapter.
“Municipal development fee ordinance” means an ordinance adopted by the
governing body of a municipality that authorizes the collection of development fees.
“New construction” means the creation of a new housing unit under regulation by a
code enforcement official regardless of the means by which the unit is created.
Newly constructed units are evidenced by the issuance of a certificate of occupancy
and may include new residences created through additions and alterations, adaptive
reuse, subdivision, or conversion of existing space, and moving a structure from one
location to another.
“New Jersey Affordable Housing Trust Fund” means an account established
pursuant to N.J.S.A. 52:27D-320.
“New Jersey Housing Resource Center” or “Housing Resource Center” means the
online affordable housing listing portal, or its successor, overseen by the Agency
pursuant to N.J.S.A. 52:27D-321.3 et seq.
“95/5 restriction” means a deed restriction governing a restricted ownership unit that
is part of a housing element that received substantive certification from COAH
pursuant to N.J.A.C. 5:93, as it was in effect at the time of the receipt of substantive
certification, before October 1, 2001, or any other deed restriction governing a
restricted ownership unit with a seller repayment option requiring 95 percent of the
price differential to be paid to the municipality or an instrument of the municipality at
the closing of a sale at market price.
“Non-exempt sale” means any sale or transfer of ownership of a restricted unit to
one’s self or to another individual other than the transfer of ownership between
spouses or civil union partners; the transfer of ownership between former spouses or
civil union partners 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.
“Nonprofit” means an organization granted nonprofit status in accordance with
section 501(c)(3) of the Internal Revenue Code.
“Non-residential development” means:
Any building or structure, or portion thereof, including, but not limited to, any
appurtenant improvements, which is designated to a use group other than a
residential use group according to the State Uniform Construction Code, N.J.A.C.
5:23, promulgated to effectuate the State uniform Construction Code Act,
N.J.S.A. 52:27D-119 et seq., including any subsequent amendments or revisions
thereto;