The following words used in this article are intended to have the same meanings as given to them by the New Jersey Supreme Court in the Mount Laurel II decision and as clarified or otherwise modified by subsequent decisions, if any, by a court of competent jurisdiction and by the New Jersey Council on Affordable Housing in N.J.A.C. 5:92-1.3, including but not limited to the following:

All other terms contained herein shall be as set forth in the Municipal Land Use Act (N.J.S.A. 40:55D-1 et seq.) and this Chapter 245, Land Use, of the Code of the Township of Brick.

In accordance with N.J.A.C. 5:94-6.6(a) and (b) of COAH's "Substantive Rules," all new development of residential dwelling units within the Township of Brick, not exempt from the collection of development fees in accordance with the provisions specified in § 245-71 of this article, shall pay to Brick Township 1% of either the equalized assessed value of each housing unit, the coverage amount of the homeowner warranty document of a for-sale unit, or the appraised value on the document utilized for construction financing for a rental unit, provided that no increased density is permitted.

In the event that an increase in residential density is permitted pursuant to N.J.S.A. 40:55D-70d(5) [known as a "d" variance], the fee shall increase to 6% of either the equalized assessed value for each additional unit that is realized, the coverage amount on the homeowner warranty document for each additional for-sale unit, or the appraised value on the document utilized for construction financing for each additional rental unit. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.

The following improvements to existing residential dwellings shall not be required to pay a development fee:

In accordance with N.J.A.C. 5:94-6.7(a) and (b) of COAH's "Substantive Rules," all new development of nonresidential buildings and structures, not exempt from the collection of development fees in accordance with the provisions specified in § 245-71 of this article, shall pay a fee to Brick Township of 2% of either the equalized assessed value for nonresidential development or the appraised value on the document utilized for construction financing.

In the event that an increase in floor area is permitted pursuant to N.J.S.A. 40:55D-70d(4) [known as a "d" variance], the fee shall increase to 6% on the additional floor area realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base floor area for the purposes of calculating the bonus development fee shall be the highest floor area permitted by right during the two-year period preceding the filing of the variance application.

Fifty percent of the total mandatory development fee owed to Brick Township, whether for residential or nonresidential development, shall be paid prior to the issuance of any building permit required in connection with the development, and shall be calculated as follows:

The remaining portion of the development fee shall be paid prior to the issuance of any certificate of occupancy for any development or any part thereof, whether residential or nonresidential, and shall be calculated using the actual assessed valuation of the development as determined by the Brick Township Tax Assessor.

Because the initial payment required prior to the issuance of a building permit is calculated using an estimated assessed valuation based on estimates for construction costs, the following adjustments are permitted to compensate for differences between the estimated assessed valuation and the actual assessed valuation: If the estimated assessed valuation used to calculate the initial fifty-percent payment was overestimated or underestimated, causing the actual assessed valuation to be less than or greater than the estimated assessed valuation used to calculate the initial 50% payment, the developer's certificate of occupancy payment shall be equal to the difference between the actual assessed valuation and the initial fifty-percent payment as determined by the Brick Township Tax Assessor.

Inclusionary developments, as defined herein, are exempt from development fees.

Developments that have received preliminary or final approval, prior to the effective date of this article, are exempt from development fees during the effective period of said approval, unless the developer seeks a substantial change in the approvals granted.

Developers of low- and moderate-income units shall be exempt from paying development fees.

Development that expands an existing structure shall pay a development fee. The development fee shall be calculated based on the increase in the equalized assessed value of the improved structure.

All federal, state, county and municipal public bodies or any agencies created by them shall be exempt from the payment of development fees otherwise required by this article requiring the payment of development fees.

All mandatory development fees collected pursuant to this article shall be deposited in an interest-bearing escrow account entitled the "Affordable Housing Trust Fund Mandatory Fee Account."

In establishing a bank account for the Housing Trust Fund, the Township shall provide whatever express written authorization may be required by the bank to permit COAH to direct the disbursement of revenues from the account. If the Council on Affordable Housing determines that Brick Township's spending is not in conformance with COAH's rules on development fees, COAH is authorized to direct the manner in which all development fees collected pursuant to this article shall be expended.

Money deposited in the Housing Trust Fund may be used for any activity approved by COAH for addressing the Township's low- and moderate-income housing obligation. Such activities may include, but are not necessarily limited to, housing rehabilitation; new construction; regional contribution agreements; the purchase of land for low- and moderate-income housing; extensions and/or improvements of road and infrastructures to low- and moderate-income housing sites; assistance designed to render units to be more affordable to low- and moderate-income people; and administrative costs necessary to implement the Township's housing element. The expenditure of all money shall conform to the spending plan approved by COAH.

Unless specifically waived, not less than 30% of the revenues collected from development fees collected pursuant to this article shall be devoted to rendering existing units more affordable to low- and moderate-income households by funding such activities as downpayment assistance, low-interest loans and rental assistance.

More than 20% of the revenues collected from development fees collected pursuant to this article shall be devoted to administrative expenses incurred by the Township in addressing its fair share obligation.

Funds shall not be expended to reimburse the Township for past housing activities.

The Superior Court or COAH fail to approve Brick Township's Housing Element and Fair Share Plan.

The Superior Court or COAH enters an order barring Brick Township from collecting development fees.

The Superior Court or COAH disapproves this ordinance.