[Adopted 12-15-2004 by Ord. No. 2004-17]
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 the 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 section
shall be interpreted within the framework of COAH's rules on development
fees.
As used in this article, the following terms
shall have the meanings indicated:
The New Jersey Council on Affordable Housing established
under the Fair Housing Act of 1985.
Money paid by an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
by COAH rules and regulations, N.J.A.C. 5:93-8 et seq.
The value of property determined by the Municipal Tax Assessor
through a process designed to ensure that all property in Oxford is
assessed at the same assessment ratio or ratios required by law. Estimates
at the time of a construction permit may be obtained by the Tax Assessor
utilizing estimates for construction cost. Final equalized assessed
value will be determined at project completion by the Tax Assessor.
A.
Residential development fees.
(1)
Within the residential zoning districts, developers
shall pay a development fee of 1% of the equalized assessed value
for residential development or 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.
(2)
If a "d" variance is granted pursuant to N.J.S.A.
40:55D-70d(5), then the additional residential units realized (above
what is permitted by right under the existing zoning) will incur a
bonus development fee of 6% rather than the development fee of 1/2
of 1%. However, if the zoning on a site has changed during the two-year
period preceding the filing of the "d" variance application, the density,
for 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 "d" variance application.
B.
Nonresidential development fees. All nonresidential
developers shall pay a fee of 2% of the equalized assessed value on
the document utilized for construction financing. If a "d" variance
is granted pursuant to N.J.S.A. 40:55D-70d(4), then the additional
floor area realized (above what is permitted by right under the existing
zoning) will incur a bonus development fee of 6% of the equalized
assessed value or the appraised value of the document utilized for
construction financing.
C.
Additional development fees. The Township may provide
for additional development fees as allowed by N.J.S.A. 5:93-8.1 et
seq., as currently adopted or as may be amended in the future.
A.
Developers of low- and moderate-income units shall
be exempt from paying development fees.
B.
Developers of existing residential structures shall
be exempt from paying a development fee.
C.
Developers that have received preliminary or final
approval prior to the effective date of this article shall be exempt
from paying a development fee, unless the developer seeks a substantial
change in the approval.
D.
Developers of any church, library, school, college,
governmental facility, hospital for humans, nursing home or public
utility shall be exempt from paying a development fee.
A.
Developers shall pay 50% of the calculated development
fee to the Township of Oxford at the issuance of building permits.
The developer shall submit to the Housing Officer an estimate of the
assessed value of the new construction and lot, to be verified if
required by the Tax Assessor.
B.
Developers shall pay the remaining fee to the Township
of Oxford upon the issuance of certificates of occupancy. At the issuance
of certificates of occupancy, the Tax Assessor shall calculate the
equalized assessed value and the appropriate development fee. The
developer (or owners upon default) shall be responsible for paying
the difference between the fee calculated at certificates of occupancy
and the amount paid at building permit.
A.
There is hereby created an interest-bearing Housing
Trust Fund, in the name of Oxford Township, with Skylands Bank for
the purpose of receiving development fees from developers. All development
fees paid by developers pursuant to this article shall be deposited
in this fund. No money shall be expended from the Housing Trust Fund
unless the expenditure conforms to a spending plan approved by COAH.
B.
If COAH determines that the Township of Oxford 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. Such authorization is
pursuant to this article, COAH's rules on development fees, and the
written authorization from the governing body to Skylands Bank.
A.
Money deposited in the Housing Trust Fund may be used
for any activity approved by COAH for addressing the Township of Oxford'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 roads and
infrastructure to low- and moderate-income housing sites, assistance
designed to render units more affordable to low- and moderate-income
households, and administrative costs necessary to implement the Township
of Oxford's housing element. The expenditure of all money shall conform
to a spending plan approved by COAH.
B.
At least 30% of the revenues collected shall be devoted
to render units more affordable. Examples of such activities include
but are not limited to downpayment closing cost assistance, low-interest
loans and rental assistance.
C.
No more than 20% of the revenues collected each year
shall be expended on administrative costs necessary to develop, revise,
or implement the housing plan element of the Township Master Plan.
Examples of eligible administrative activities include personnel,
consultant services, space costs, consumable supplies, and rental
or purchase of equipment directly associated with plan development
or plan implementation.
D.
Development fee revenue shall not be expended to reimburse
the Township of Oxford for housing activities that preceded a first
or second round of substantive certification.
This article shall expire if:
A.
COAH dismisses or denies the Township's petition for
substantive certification.
B.
COAH revokes substantive certification or this article.
C.
The substantive certification expires prior to the
Township's filing an adopted housing element with COAH, petitioning
for substantive certification or receiving COAH's approval of this
article.
