Exciting enhancements are coming soon to eCode360! Learn more 🡪
Borough of Rockaway, NJ
Morris County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (2) Index Notes (1)
[Amended 12-13-2012 by Ord. No. 26-12; 2-26-2015 by Ord. No. 02-15]
A. 
Upon the filing of any appeal or application for development to the Land Use Board by any person other than an officer of the Borough of Rockaway acting in an official capacity or a department, board or agency of the Borough, the appellant or applicant shall pay an application charge and an escrow deposit. The application charge is a flat fee to cover administrative expenses and is nonrefundable. The escrow account is established to cover the cost of professional services rendered to the appropriate municipal agency (including engineering, planning and other expenses connected with the review of submitted materials) for development review and preparation of documents, or inspection of improvements.
B. 
No application for development shall be deemed complete until such time as the applicant shall have posted with the Borough of Rockaway in cash or check the application charge and escrow deposit determined by the Land Use Board to be required in accordance with the provisions of this chapter. Failure to remit any additional required escrow moneys within 15 days of the request shall render the application incomplete, and no further proceedings or actions shall be taken by the Board until after compliance.
C. 
An expansion or change of a preexisting nonconforming use shall be deemed a use variance and the appropriate application charge and escrow fee shall be paid.
D. 
Where an application includes preexisting nonconforming aspects of a property which must be addressed as a result of the applicant's seeking of a variance as to that property, the appropriate application charges and escrow deposits must be paid for each nonconforming aspect of the property which requires the granting of a variance.
E. 
Where one application for development includes several approval requests, the sum of the individual required fees shall be paid.
F. 
Each applicant for subdivision or site plan approval shall agree to pay all reasonable costs for professional review of the application and for preparation of any required legal documentation, including a developer's agreement. Additionally, each applicant shall pay all reasonable costs for inspection and testing of the improvements. All costs for review and for preparation of the required legal documentation must be paid before any approved plat, plan or deed is signed, and all inspection fees must be paid in accordance with § 169-57 (Inspections and tests) of this chapter before any construction permit is issued, and all remaining costs must be paid in full before any occupancy of the premises is permitted or certificate of occupancy issued.
G. 
If an applicant desires a court reporter, the cost for taking testimony and transcribing it and providing a copy of the transcript to the Borough shall be at the expense of the applicant who shall arrange for the reporter's attendance.
[Amended 12-27-2007 by Ord. No. 25-07; 12-13-2012 by Ord. No. 26-12; 2-26-2015 by Ord. No. 02-15]
Every application for development shall be accompanied by a check payable to the Borough of Rockaway in accordance with the following schedule for the application charge and a separate check payable to the Borough of Rockaway for the escrow deposit.
Application Charge
Initial Escrow Deposit
A.
Subdivisions
(1)
Minor
$600
$1,000
(2)
Preliminary major
$500, plus $100 per lot
$100 per lot, minimum $1,500; maximum $8,000
(3)
Final major
$300, plus $50 per lot
$50 per lot, minimum $1,000; maximum $8,000
(4)
Concept plat for review
(a)
Minor
$100
$500
(b)
Major
$200
$1,000
B.
Site Plans
(1)
Minor
$500, plus $50 for each 1,000 square feet of lot area
$2,500
(2)
Preliminary major
$500 plus $10 per 1,000 square feet of lot area or any portion thereof
$3,000 plus $20 per 1,000 square feet of lot area or any portion thereof; maximum $8,000
(3)
Final plan
50% of preliminary major
$3,000, plus $10 per 1,000 square feet of lot area or any portion thereof; maximum $8,000
(4)
Concept plan for review
(a)
Minor
$100
$500
(b)
Major
$200
$2,000
(5)
Site plan waiver
$300
$500
C.
Variances
(1)
Appeals (N.J.S.A. 40:55D-70a)
$250
$2,000
(2)
Interpretation (N.J.S.A. 40:55D-70b)
$250
$2,000
(3)
Bulk (N.J.S.A. 40:55D-70c)
(a)
Single-family residential lot
$400
$500
(b)
All others:
First variance
$400
$2,500
Each additional variance/design waiver
$0
$250
(4)
Use (N.J.S.A. 40:55D-70d)
$1,000
$2,500
(5)
Permit (N.J.S.A. 40:55D-34 and 35)
$250
$500
D.
Conditional use application
$500 plus $10 per 1,000 square feet of lot area or any portion thereof
$3,000 plus $20 per 1,000 square feet of lot area or any portion thereof; maximum $8,000
E.
Bond releases
(1)
Performance
$100
Where costs of improvements were less than $50,000, the escrow shall be $600; where $50,000 to $100,000: $1,500; over $100,000: $2,000
(2)
Maintenance
$100
Where costs of improvements were less than $50,000, the escrow shall be $350; where $50,000 to $100,000: $1,000; over $100,000: $1,500
F.
Extension of time request
$200
$1,000
G.
Development permit (flood damage prevention)
$200
$1,000
[Amended 12-27-2007 by Ord. No. 25-07; 2-26-2015 by Ord. No. 02-15]
The Chief Financial Officer of the Borough shall collect escrow deposits from applicants and make all of the payments to professionals for services rendered to the Borough in connection with land development applications in accordance with the procedures set forth in N.J.S.A. 40:55D-53.1 through N.J.S.A. 40:55D-53.2a.
[Amended 12-27-2007 by Ord. No. 25-07; 2-26-2015 by Ord. No. 02-15]
Zoning permit fees shall be as follows:
A. 
Residential: $25.
B. 
Nonresidential: $100.
C. 
Change of use application: $100.
D. 
Sign permits:
(1) 
A-frame: Pursuant to § 172-61D(13).
(2) 
Banner: Pursuant to § 172-36D.
(3) 
Facade: $100.
(4) 
Freestanding: $100.
E. 
Outdoor dining application: $25.
[Added 6-23-2022 by Ord. No. 13-22]
F. 
Temporary storage unit permits:
[Added 9-28-2023 by Ord. No. 23-19]
(1) 
Initial permit: $50.
(2) 
Renewal permit: $50.
[Amended 12-27-2007 by Ord. No. 25-07; 2-26-2015 by Ord. No. 02-15]
Tax Map revision fees shall be as follows:
A. 
Minor subdivision plat: $75 per lot.
B. 
Final major subdivision plat: $75 per lot not to exceed $3,500 per application.
C. 
Site plan application creating condominium units (whether residential or commercial units): $75 per unit, not to exceed $3,500 per application.
[Amended 12-27-2007 by Ord. No. 25-07; 2-26-2015 by Ord. No. 02-15]
A. 
A certificate of subdivision approval shall be pursuant to N.J.S.A. 40:55D-56.
B. 
The Borough Clerk shall be entitled to demand and receive for each certificate of subdivision issued a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15.
[Amended 12-27-2007 by Ord. No. 25-07; 2-26-2015 by Ord. No. 02-15]
A. 
All site improvements and utility installations for both site plans and subdivisions shall be inspected during the time of their installation under the supervision of the Borough Engineer to insure satisfactory completion. The cost of said inspection shall be the responsibility of the owner who shall deposit with the Borough Treasurer a sum not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined by the Borough Engineer.
B. 
In no case shall any paving work be done without permission from the Borough Engineer. At least two (2) working days' notice shall be given to the Borough Engineer prior to any construction so that he or a qualified representative may be present at the time the work is to be done.
C. 
Any improvement installed without notice for inspection shall constitute just cause for:
(1) 
Removal of the uninspected improvement;
(2) 
The payment by the developer of any costs for material testing;
(3) 
The restoration by the developer of any improvements disturbed during any material testing; and/or
(4) 
The issuance of a stop-work order by the Borough Engineer pending the resolution of any dispute.
[Amended 12-27-2007 by Ord. No. 25-07; 2-26-2015 by Ord. No. 02-15]
The Mayor and Council, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Borough Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Borough Engineer.
[Amended 2-26-2015 by Ord. No. 02-15]
The approval of any application for development by the Borough shall in no way be construed as acceptance of any street or drainage system, or any other improvement, nor shall such approval obligate the Borough in any way to exercise jurisdiction over such street or drainage system or other improvement. No improvement shall be accepted by the Mayor and Council unless and until all of the following conditions have been met:
A. 
The Borough Engineer shall have certified in writing that the improvements are completed and that they comply with the requirements of this chapter;
B. 
The final application for development shall have been approved by the Board;
C. 
The owner shall have filed with the Borough a maintenance bond and guarantee in an amount equal to and not more than 15% of the cost of installing the improvements and which amount shall be determined by the Borough Engineer. The maintenance bond shall run for a period of two years. The requirements for a maintenance bond may be waived by the Mayor and Council only if the Borough Engineer has certified that the improvements have been in continuous use for not less than two years from the date the Borough Engineer certified completion of such improvements and that during this period the owner has maintained the improvements in a satisfactory manner; and
D. 
An "as built" plan and profiles of all utilities and roads (three black-and-white prints plus a Mylar copy to be sent to the Borough Engineer), with certification signed and sealed by a New Jersey licensed professional engineer or land surveyor as to the actual construction as approved by the Borough Engineer, shall be provided.
[Amended 12-27-2007 by Ord. No. 25-07; 2-26-2015 by Ord. No. 02-15]
Where the proposed off-tract improvement is to be undertaken at a future date, funds required for the improvement shall be deposited to the credit of the Borough of Rockaway in a separate account until such time as the improvement is constructed. In lieu of a cash escrow account, developers may present irrevocable letters of credit for the term required in a form acceptable to the Borough Attorney. If the off-tract improvement is not begun within 10 years of the deposit, all monies and interest shall be returned to the applicant or the letter of credit, as the case may be, surrendered. An off-tract improvement shall be considered "begun" if the Borough of Rockaway has taken legal steps to provide for the design and financing of such improvements.
[Amended 12-6-1999 by Ord. No. 13-99; 12-27-2007 by Ord. No. 25-07; 5-14-2009 by Ord. No. 04-09; 2-26-2015 by Ord. No. 02-15]
Where applications for development result in the need for off-tract improvements, the Land Use Board shall determine the scope of all such improvements. The timing and developer's pro rata share of such improvements shall be incorporated into a developer's agreement between the developer and the Borough.
[Amended 2-26-2015 by Ord. No. 02-15]
The Borough may require performance guarantees and/or maintenance bonds pursuant to N.J.S.A. 40:55D-53 through N.J.S.A. 40:55D-53c and at N.J.S.A. 40:55D-53.3 through N.J.S.A. 40:55D-53.5.
[1]
Editor's Note: Former § 169-63, Escrow deposits, as amended, was repealed 2-26-2015 by Ord. No. 02-15.
[Added 8-11-2005 by Ord. No. 10-05; amended 10-27-2005 by Ord. No. 16-05; 10-26-2006 by Ord. No. 23-06; 4-26-2007 by Ord. No. 06-07; 9-13-2018 by Ord. No. 15-18]
A. 
Findings and purpose.
(1) 
In Holmdel Builder's Ass'n v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27D-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.
(2) 
Pursuant to P.L. 2008, c. 46, Section 8 (N.J.S.A. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), COAH was authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or a Court of competent jurisdiction and have an approved spending plan may retain fees collected from nonresidential development.
(3) 
This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance with P.L. 2008, c. 46, §§ 8 and 32-38. Fees collected pursuant to this ordinance shall be used for the sole purpose of providing low- and moderate-income housing. This ordinance shall be interpreted within the framework of COAH's prior round rules on development fees, codified at N.J.A.C. 5:93-8[1] and P.L. 2008, c. 46, Section 8 (N.J.S.A. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7).
[1]
Editor's Note: N.J.S.A. Chapter 93 of the New Jersey Administrative Code expired 10-16-2016.
B. 
Basic requirements.
(1) 
This section shall not be effective until approved by the Court.
(2) 
The Borough of Rockaway shall not spend development fees until the Court has approved a plan for spending such fees in conformance with N.J.A.C. 5:93-5.1(c).[2]
[2]
Editor's Note: N.J.S.A. Chapter 93 of the New Jersey Administrative Code expired 10-16-2016.
C. 
Definitions. The following terms, as used in this section, shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100-percent-affordable development.
COAH or the COUNCIL
The New Jersey Council on Affordable Housing established under the Fair Housing Act.
DEVELOPER
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 FEE
Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:93-8.[3]
EQUALIZED ASSESSED VALUE
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 §§ 1, 5 and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
GREEN BUILDING STRATEGIES
Those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
[3]
Editor's Note: N.J.S.A. Chapter 93 of the New Jersey Administrative Code expired 10-16-2016.
D. 
Residential development fees.
(1) 
Imposed fees.
(a) 
Within all zoning district(s), residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1% of the equalized assessed value for residential development, provided no increased density is permitted.
(b) 
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers may be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be 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 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. Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1.5% of the equalized assessed value on the first two units; and the specified higher percentage up to 6% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.
(c) 
Eligible exactions, ineligible exactions, and exemptions for residential development.
[1] 
Affordable housing developments and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
[2] 
Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.
[3] 
Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, unless the owner resided in the previous dwelling for a period of one year or more prior to obtaining a demolition permit, or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved or replaced structure as compared to the previous structure.
[4] 
Homes replaced as a result of a natural disaster (such as a fire or flood) shall be exempt from the payment of a development fee.
E. 
Nonresidential development fees.
(1) 
Imposed fees.
(a) 
Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted below, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new nonresidential construction on an unimproved lot or lots.
(b) 
Nonresidential developers, except for developers of the types of development specifically exempted below, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.
(c) 
Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the pre-existing land and improvement and the equalized assessed value of the newly improved structure, i.e., made an improvement, at the time final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.
(2) 
Eligible exactions, ineligible exactions, and exemptions for nonresidential development.
(a) 
The nonresidential portion of a mixed-use inclusionary or market rate development shall be subject to the development fee of 2.5%, unless otherwise exempted below.
(b) 
The fee of 2.5% shall not apply to an increase in equalized assessed value resulting from alterations, change in use within the existing footprint, reconstruction, renovations and repairs.
(c) 
Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" form. Any exemption claimed by a developer shall be substantiated by that developer.
(d) 
A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L. 2008, c. 46 shall be subject to it at such time the basis for the exemption no longer applies, and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.
(e) 
If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by the Borough of Rockaway as a lien against the real property of the owner.
F. 
Collection procedures.
(1) 
Upon the granting of a preliminary, final or other applicable approval, for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a building permit.
(2) 
For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The construction official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form N-RDF. The tax assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
(3) 
The construction official responsible for the issuance of a building permit shall notify the local tax assessor of the issuance of the first building permit for a development which is subject to a development fee.
(4) 
Within 90 days of receipt of that notice, the municipal tax assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
(5) 
The construction official responsible for the issuance of a final certificate of occupancy notifies the local assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
(6) 
Within 10 business days of a request for the scheduling of a final inspection, the municipal assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.
(7) 
Should the Borough of Rockaway fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b. of § 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).
(8) 
Except as provided in Subsection E(1)(c) above, 50% of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.
(9) 
Appeal of development fees.
(a) 
A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest-bearing escrow account by the Borough of Rockaway. Appeals from a determination of the Board may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
(b) 
A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by the Borough of Rockaway. Appeals from a determination of the Director may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
G. 
Affordable Housing Trust Fund.
(1) 
There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Borough of Rockaway Chief Financial Officer for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.
(2) 
The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
(a) 
Payments in lieu of on-site construction of affordable units;
(b) 
Developer contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;
(c) 
Rental income from municipally operated units;
(d) 
Repayments from affordable housing program loans;
(e) 
Recapture funds;
(f) 
Proceeds from the sale of affordable units; and
(g) 
Any other funds collected in connection with the Borough of Rockaway's Affordable Housing Program.
(3) 
Within seven days from the opening of the trust fund account, the Borough of Rockaway shall provide the State of New Jersey, Department of Community Affairs, Division of Local Government Services with written authorization, in the form of a three-party escrow agreement between the municipality, the bank, and NJDCA-LGS to permit NJDCA-LGS to direct the disbursement of the funds as provided for in N.J.A.C. 5:93-8.15, 8.18 and 8.19.[4] This requirement shall be deemed to have been satisfied by a previously executed three-party escrow agreement with COAH, provided the bank remains the same as in the original agreement.
[4]
Editor's Note: N.J.S.A. Chapter 93 of the New Jersey Administrative Code expired 10-16-2016.
(4) 
All interest accrued in the housing trust fund shall only be used on eligible housing activities approved by the Court.
H. 
Use of funds.
(1) 
The expenditure of all funds shall conform to a spending plan approved by the Court. Funds deposited in the Housing Trust Fund may be used for any activity approved by the Court to address the Borough of Rockaway's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost-saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:93-8.16[5] and specified in the approved spending plan.
[5]
Editor's Note: N.J.S.A. Chapter 93 of the New Jersey Administrative Code expired 10-16-2016.
(2) 
Funds shall not be expended to reimburse the Borough of Rockaway for past housing activities.
(3) 
At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region.
(a) 
Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners association or condominium fees and special assessments, and assistance with emergency repairs.
(b) 
Affordability assistance to households earning 30% or less of median income may include buying down the cost of low- or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income.
(c) 
Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
(4) 
The Borough of Rockaway may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance.
(5) 
No more than 20% of all revenues collected from development fees may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with the reporting and monitoring requirements that have been approved by the Court. Legal or other fees related to litigation opposing affordable housing sites or objecting to or appealing Court's approval of Rockaway's Housing Element and Fair Share Plan are not eligible uses of the Affordable Housing Trust Fund.
I. 
Monitoring. On an annual basis commencing with the first anniversary of the entry of the Order granting a Final Judgment of Compliance and Repose to Rockaway, the Borough of Rockaway shall report all activity in connection with its Affordable Housing Trust Fund to the New Jersey Department of Community Affairs [either the Division of Local Government Services or the Council on Affordable Housing (COAH), whichever entity is designated by the State of New Jersey], with a copy provided to Fair Share Housing Center and to the Intervenors/Defendants IMO the Application of the Borough of Rockaway for a Final Judgment of Compliance and Repose of its Obligations Under the Fair Housing Act and Approval of its Amended Spending Plan, Docket No.: PAS-L-2348-15, and with a posting of same on the municipal website, using forms previously developed for this purpose by COAH. The reporting shall include all sources and amounts collected/earned and the amounts and purposes for which funds have been expended.
J. 
Ongoing collection of fees.
(1) 
The ability for the Borough of Rockaway to impose, collect and expend development fees shall expire with its Judgment of Compliance and Repose unless the Borough of Rockaway has filed an adopted Housing Element and Fair Share Plan with the Court or with COAH or its successor agency designated by the State of New Jersey, has petitioned for a Judgment of Compliance and Repose or substantive certification, and has received the Court's or COAH's approval of its development fee ordinance. If the Borough of Rockaway fails to renew its ability to impose and collect development fees prior to the expiration of its Judgment of Compliance and Repose, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the "New Jersey Affordable Housing Trust Fund" established pursuant to § 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). The Borough of Rockaway shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its Judgment of Compliance and Repose, nor shall the Borough of Rockaway retroactively impose a development fee on such a development. The Borough of Rockaway shall not expend development fees after the expiration of its Judgment of Compliance and Repose.
(2) 
It is the intent of the Borough Council to incorporate the additions, amendments and/or supplements contained in this ordinance into the Code.
[Added 3-8-2007 by Ord. No. 03-07]
A. 
All detention/retention basins for stormwater drainage in any multifamily residential use development or nonresidential use developments shall be owned and maintained by a condominium, homeowners' association or other private individual or group. All detention/retention basins for stormwater drainage located within or as a part of a solely single-family residential use development shall be dedicated to the Borough of Rockaway. Prior to the acceptance of any stormwater facility by the Borough of Rockaway, same shall be certified by the Borough Engineer to have been constructed in accordance with the requirements and specifications of this section. In addition, prior to the issuance of any certificate of occupancy, the developer shall post with the Borough of Rockaway an escrow deposit in an amount to be determined in accordance with the formula set forth below to pay the cost of maintenance of the detention basin for 10 years from the date of the establishment of the escrow deposit pursuant to the terms set forth in § 169-63. Such escrow deposit shall be utilized for the maintenance of such detention/retention facility.
B. 
Technical standards for the construction of improvements.
(1) 
The fees set forth below shall be for the purpose of reimbursing the Borough for direct fees, costs, charges and expenses for the maintenance of a detention/retention facility, including but not limited to routine mowing, maintenance of landscaping, general maintenance concerning inlets, cleaning of property and long-range maintenance on a periodic basis.
(2) 
The escrow amount shall be deposited with the Borough prior to the issuance of any certificates of occupancy. All funds shall remain in an interest-bearing escrow account. The entire amount of any interest shall be applied to the purposes for which it was originally deposited.
(3) 
All costs, expenses, charges and fees incurred by the Borough for the maintenance of a detention/retention basin shall be charged against the escrow fund established for the maintenance of such a basin.
(4) 
The Borough will conduct maintenance programs at its discretion and shall maintain liability insurance on the basin out of the funds so created. The maintenance programs may include:
(a) 
Routine mowing of the property. Mowing costs shall be estimated at the rate of one acre per hour. The cost per hour for the Borough labor and equipment shall be multiplied by the number of acres to be mowed. A base number shall also be included for the mobilization and the maintenance of the equipment. The annual mowing cost per year shall be calculated by multiplying the number of mowings per year by the cost per mowing, plus materials.
(b) 
Maintenance of landscaping. The cost shall be based upon the number of hours for landscape maintenance multiplied by a rate per hour for labor and equipment. Any and all additional stock or materials which shall be necessary to replace approved landscaping shall also be charged against the fund.
(c) 
General maintenance. The cost for general maintenance shall be based upon a one-hour mobilization time together with the total number of hours expended times the rate per hour for Borough labor and equipment. The general maintenance annual cost shall be calculated by multiplying the number of times maintenance is anticipated to be performed by the cost for general maintenance.
(d) 
Long-term maintenance. The long-term maintenance shall be calculated on cost per acre, multiplied by the number of acres, and applied against the assumption that a residential detention/retention basin needs rejuvenation every 15 years and a commercial basin every eight years. These amounts are reduced thereto an annualized cost by multiplying the cost per time of maintenance by a duration factor of 0.126 or 0.066 for commercial and residential properties, respectively.
(e) 
Insurance. The Borough shall assume liability for the property and a portion of the fund shall be used for purchase of insurance for the detention/retention basin.
(5) 
Calculation of the developer fund. The amount of money to be placed in escrow shall be calculated in accordance with Subsections B(4)(a) through (e) above. The first year costs [the sum of Subsections B(4)(a) through (e) above] are multiplied by the factor of 13.96, the product of which is then added to the first-year maintenance cost to obtain the total developer contribution for detention basin maintenance. Said calculation provides for the Borough to receive sufficient funding for 10 years based upon an assumption of a 6% increase per year and 5.5% return on investment earnings added to the account. The cost for the maintenance by the Borough employees shall be based upon the amount of time services are performed and the unit (i.e., per diem or hourly fee) of the professional, expert, employee or staff in accordance with the contracts or as prescribed by the Salary Ordinance of the Borough of Rockaway.[1]
[1]
Editor's Note: Said Salary Ordinance is on file in the Borough offices.
[Added 12-8-2011 by Ord. No. 16-11[1]]
A. 
The application fee to obtain permission for soil disturbance shall be submitted with the application as follows:
(1) 
For less than 500 cubic yards of soil: $200 plus $0.10 per cubic yard.
(2) 
For more than 500 cubic yards of soil: $500 plus $0.10 per cubic yard.
B. 
Prior to issuance of a soil disturbance permit and approval of same by the Borough Council or Borough Engineer, the applicant shall pay a permit fee as per the following schedule:
Soil Movement
Fee
(per cubic yard)
Movement of soil within the same site
$0.10
Exportation of soil from the site
$0.25 (includes $0.10 for movement)
Importation of soil from location outside the site
$0.25 (includes $0.10 for movement)
C. 
The applicant shall also be responsible for payment of engineering and legal review and inspection fees and shall submit the following escrow fees at the time the application is made:
(1) 
For less than 500 cubic yards of soil: $500.
(2) 
For more than 500 cubic yards of soil: $1,000.
D. 
Exemption from fees. The Morris Hills Regional School District Board of Education and the Rockaway Borough Board of Education may be exempt from the requirements of soil disturbance and soil movement fees at the discretion of and upon application to the Borough Council.
[1]
Editor’s Note: This ordinance provided an effective date of 1-1-2012.