to create a realistic opportunity for development; (3) is subject to a grant agreement
or other contract with either the State or a political subdivision thereof entered into
prior to July 1, 2025, pursuant to either item (1) or (2) above; or (4) otherwise
addresses a municipality’s fair share obligation from a round prior to the fourth round
of affordable housing obligations. A unit created after the enactment of P.L. 2024, c.
2 (N.J.S.A. 52:27D-304.1) on March 20, 2024, is not a prior round unit unless: (1) it
is created pursuant to a prior round development plan or zoning designation that
received COAH or court approval on or before the cutoff date of June 30, 2025, or
the date that the municipality adopts the implementing ordinances and resolutions
for the fourth round of affordable housing obligations, whichever occurs sooner; and
(2) its siting and creation are consistent with the form of the prior round development
plan or zoning designation in effect as of the cutoff date, without any amendment or
variance.
“Program” means the Affordable Housing Dispute Resolution Program, established
pursuant to section 5 of P.L.2024, c. 2 (C.52:27D-313.2).
“Random selection process” means a lottery process by which currently income-
eligible applicant-households are selected, at random, for placement in affordable
housing units such that no preference is given to one applicant over another, except
in the case of a veterans’ preference where such an agreement exists; for purposes
of matching household income and size with an appropriately priced and sized
affordable unit; or another purpose allowed pursuant to N.J.A.C. 5:80-26.7(k)3. This
definition excludes any practices that would allow affordable housing units to be
leased or sold on a first-come, first-served basis.
“RCA administrator” means an appointed municipal employee who is responsible for
oversight and/or administration of affordable units and associated revenues and
expenditures within the municipality that were funded through regional contribution
agreements.
“RCA project plan” means a past application, submitted by a receiving municipality in
an RCA, delineating the manner in which the receiving municipality intended to
create or rehabilitate low- and moderate-income housing.
“Receiving municipality” means, for the purposes of an RCA, a municipality that
contractually agreed to assume a portion of another municipality’s fair share
obligation.
“Reconstruction” means any project where the extent and nature of the work is such
that the work area cannot be occupied while the work is in progress and where a
new certificate of occupancy is required before the work area can be reoccupied,
pursuant to the Rehabilitation Subcode of the uniform Construction Code, N.J.A.C.
5:23-6. Reconstruction shall not include projects comprised only of floor finish
replacement, painting or wallpapering, or the replacement of equipment or
furnishings. Asbestos hazard abatement and lead hazard abatement projects shall
not be classified as reconstruction solely because occupancy of the work area is not
permitted.
“Recreational facilities and community centers” means any indoor or outdoor
buildings, spaces, structures, or improvements intended for active or passive