Borough of Riverdale, NJ Article X Petitions for Change, Amendment or Modification to Zoning Ordinance

§ 168-52 Hearing.

The Mayor and Council may in its discretion hear a petition of a person or party having an interest in land in the Borough for a change, modification or amendment to the terms of the Zoning Ordinance and said Mayor and Council may conduct such hearings to determine the merits of said petition.

§ 168-53 Information to be submitted.

The petitioner shall submit the following information:

A. The name and address of the petitioner.

B. The tax lot and block descriptions of the land within the area anticipated to be redesignated.

C. A description of the proposed redesignation and a detailed analysis with supporting credible evidence of the grounds and reasons for the same.

D. An analysis of the impact of the proposed redesignation on the land anticipated to be redesignated and on all lands within the Borough and within contiguous municipalities.

E. Such other information as the Mayor and Council may deem appropriate and relevant in view of the nature of the petition and of evidence and analysis presented.

F. An analysis of the consistency of the proposed redesignation with the terms of the existing Master Plan and this chapter.

G. A statement and analysis of the proposed redesignation indicating the relationship of the same with the Master Plans of contiguous municipalities and the Master Plan for the County of Morris.

H. An analysis of the impact of the proposed redesignation on the following matters:

(1) Water supply.

(2) Sewerage disposal drainage.

(3) Soil condition, floodplain areas, soil sedimentation and erosion, traffic and population density.

I. A plat prepared by a duly licensed surveyor or professional engineer indicating the land anticipated to be redesignated and all lands within 200 feet thereof. The said plat shall contain sufficient elevations and contours at five-foot vertical intervals for slopes averaging 10% or greater and at two-foot vertical intervals for land of lesser slope to determine the general slope and natural drainage of the land and the high and low points for the land anticipated to be redesigned and all land within 200 feet thereof. Additionally, all public roads, drainage easements, bodies of water and sewerage easements, buildings and structures and uses on the land to be anticipated to be redesignated and within 200 feet thereof shall be shown.

§ 168-54 Prior submission required.

The items required in § 168-52 and 168-53 above shall be submitted at least 20 days prior to the date set for hearing.

§ 168-55 Notice of hearing.

At least 10 days prior to the date scheduled for hearing, the applicant shall cause to be published in the official newspapers of the municipality a notice containing the date, time and place of hearing, the tax lot and block designations of the lands within the anticipated place of hearing, and a description of the anticipated designation.

§ 168-56 Notice to real property owners.

At least 10 days prior to the date scheduled for hearing, the petitioner shall notify all real property owners within 200 feet of the land anticipated to be designated. All real property owners required to be given notice of a development application as provided in N.J.S.A.40:55D-12 shall be given the within notice. The notice shall contain the same information as required by § 168-55 above and shall be served by certified mail. The Tax Assessor shall supply the petitioner with the list of all real property owners within 200 feet of the land anticipated to be redesignated.

§ 168-57 Affidavit to be submitted.

The applicant shall submit an affidavit attesting to the requirement of publication and serve as required by §§ 168-55 and 168-56 above.

§ 168-58 Fees.

The following fees shall be submitted with the petition:

A. Where 10 acres or less is anticipated to be redesignated: $1,000.

B. Where more than 10 acres and not exceeding 20 acres is anticipated to be redesignated: $1,500.

C. Where more than 20 acres and not exceeding 30 acres is anticipated to be redesignated: $2,000.

D. The foregoing amount of $2,000 plus $50 per acre for each acre over 30 acres where an area in excess of 30 acres is anticipated to be redesignated.

§ 168-59 Development fees.

A. Purpose. In Holmdel Builder's Association vs. 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, N.J.S.A. 52:27D-301 et seq., and the state Constitution subject to COAH developing rules. The purpose of this section is to establish standards for the collection, maintenance and expenditure of development fees pursuant to COAH's rules. Fees collected pursuant to this section 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.

B. Retention of fees. Any fees prior to December 13, 1990, shall be retained by the Borough of Riverdale pursuant to COAH's rules regarding the retention of development fees.

C. Residential development fees. Within all zoning districts, developers shall pay a development fee of 1/2 of 1% of the equalized assessed value of any eligible residential activity pursuant to Subsection F of this Section.

D. Nonresidential development fees. Developers within all zoning districts shall pay a fee of 1% of the equalized assessed value for eligible nonresidential activities pursuant to Subsection F of this section.

E. Eligible exaction, ineligible exaction and exemptions.

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

(2) Developers that expand 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.

(3) Developers that have received preliminary or final approval prior to the effective date of this section shall be exempt from paying a development fee unless the developer seeks a substantial change in the approval.

F. Collection of fees.

(1) Developers shall pay 50% of the calculated development fee to the Borough of Riverdale Affordable Housing Trust Fund at the issuance of building permits. The development fee shall be estimated by the tax assessor prior to the issuance of building permits.

(2) Developers shall pay the remaining fee to the Borough of Riverdale Affordable Housing Trust Fund. At the issuance of certificates of occupancy, the Tax Assessor shall calculate the equalized assessed value and the appropriate development fee. The developer shall be responsible for paying the difference between the fee calculated at time of certificate of occupancy and the amount paid at the time of building permit.

G. Housing Trust Fund.

(1) There is hereby created an interest-bearing housing trust fund in First Union Bank for the purpose of receiving development fees from residential and nonresidential developers. All development fees paid by developers pursuant to this section shall be deposited in this fund. No money shall be expensed from the housing trust fund unless the expenditure conforms to a spending plan approved by COAH.

(2) If COAH determines that the Borough of Riverdale 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 section shall be expended. Such authorization is pursuant to this section, COAH's rules on development fees and the written authorization from the governing body to the First Union Bank.

H. Use of funds.

(1) Money deposited in a housing trust fund may be used for any activity approved by COAH for addressing the Borough of Riverdale's low- and moderate-income housing obligation. Such activities may include but are not necessarily limited to: 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 to be more affordable to low- and moderate-income people; and administrative costs necessary element the Borough of Riverdale's housing element. The expenditure of all money shall conform to a spending plan approved by COAH.

(2) 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 down payment assistance low-interest loans, and rental assistance.

(3) No more than 20% of the revenues shall be expended on administrative costs necessary to develop, revise or implement the housing element. Examples of eligible administrative activities include: personnel; consultant services; space costs; consumable supplies; and rental or purchase of equipment.

(4) Development fee revenues shall not be expended to reimburse the Borough of Riverdale for housing activities that preceded substantive certification.

I. Expiration of section. This section shall expire if:

(1) COAH dismisses or denies the Borough of Riverdale's petition for substantive certification.

(2) COAH revokes substantive certification or its certification of this section.

(3) Substantive certification/judgement of repose expires prior to the Borough of Riverdale filing an adopted housing element with COAH, petitioning for substantive certification or receiving COAH's approval of this section.

(4) Or for urban aid municipalities COAH's approval to collect development fees expires unless the Borough of Riverdale has filed an adopted housing element with COAH and COAH has approved this section.

J. The following definitions shall be applicable to this section of the Borough of Riverdale's Zoning Chapter:

COAH

The New Jersey Council on Affordable Housing.

DEVELOPMENT FEES

Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH's rules.

EQUALIZED ASSESSED VALUE

The value of a property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by low. Estimates the time of building permit may be obtained by the Tax Assessor utilizing estimates for instruction cost. Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor.

JUDGEMENT OF REPOSE

A judgment issued by the Superior Court approving a municipality's plan to satisfy its fair share obligation.

SUBSTANTIVE CERTIFICATION

A determination by the Council approving a municipality's housing element and fair share plan in accordance with the provisions of the Act and the rules and criteria as set forth herein. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions contained therein.