[Added 4-25-2005 by Ord. No. 2005-5; amended 7-25-2005 by Ord. No.
2005-10]
The purpose of the mandatory development fee is to provide funding
toward satisfaction of the Township's cumulative fair share housing
obligations as established by the state Council on Affordable Housing.
A.
AFFORDABLE
COUNCIL or COAH
EQUALIZED ASSESSED VALUATION
INCLUSIONARY DEVELOPMENT
MANDATORY DEVELOPMENT FEE
MANDATORY FEE ORDINANCE
SUBSTANTIVE CERTIFICATION
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. 5:93-1.3
and 5:94-1.4 et seq., if applicable:
A sales price or rent within the means of a low- or moderate-income
household as defined in N.J.A.C. 5:94-7.
The New Jersey Council on Affordable Housing.
The value of 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, as required by
law. Estimates at the time of issuance of a building 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 Municipal Tax Assessor.
A residential development containing both affordable units
and market-rate units. This terms includes, but is not limited to,
new construction, the conversion of nonresidential structure to residential
use and the creation of new affordable units through the reconstruction
of a vacant residential structure.
A fee paid pursuant to a mandatory fee ordinance.
An ordinance which prohibits development pursuant to an existing
permitted use in the Zoning Ordinance without compelling the affected
developer to contribute monies to the municipality's affordable housing
trust fund.
A determination by COAH approving a municipality's housing
element and fair share plan in accordance with the provisions of the
Fair Housing Act and the rules and criteria as set forth herein.
B.
All other terms contained herein shall be as set forth in the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., and the Township Code.
A.
Except as otherwise provided in this section, all developers shall
pay a mandatory development fee equal to 1% of the equalized assessed
valuation for each residential unit constructed. This mandatory fee
shall be calculated as 0.01 x total equalized assessed valuation x
number of units.
B.
If a "d" variance is granted by the Eagleswood Township Land Use
Board functioning as the zoning board of adjustment, pursuant to N.J.S.A.
40:55D-70(d)(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 a development fee of 1%. However,
if the zoning on a site has changed during the last two-year period
preceding the filing of the "d" 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 years preceding
the filing of the "d" variance application.
C.
The Township may collect fees exceeding the amount set forth in this
section pursuant to a written developer's agreement, approved by the
Township Committee, which provides an incentive for the payment of
the higher fee.
A.
All nonresidential developers shall pay a mandatory development fee
equal to 2% of the total equalized assessed valuation of the nonresidential
development; provided, however, no development fee shall be required
where the total equalized assessed value of the development is less
than $25,000, as established by the Tax Assessor. This mandatory fee
shall be calculated as 0.02 x total equalized assessed valuation.
B.
If a "d" variance is granted by the Eagleswood Township Land Use
Board functioning as the Zoning Board of Adjustment, pursuant to N.J.S.A.
40:55D-70(d)(4), then the additional floor ratio area (FAR) realized
(above what is permitted by right under the existing zoning) will
incur a bonus development fee of 6% rather than a development fee
of 1%. However, if the zoning on a site has changed during the last
two-year period preceding the filing of the "d" variance application,
the base floor area for the purposes of calculating the bonus development
fee shall be the highest density permitted by right during the two
years preceding the filing of the "d" variance application.
C.
The Township may collect fees exceeding the amount set forth in this
section pursuant to a written developer's agreement, approved by the
Township Committee, which provides an incentive for the payment of
the higher fee.
A.
Fifty percent of the total mandatory development fee owed to Eagleswood
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:
(1)
For residential developments, the fifty-percent payment required
prior to the issuance of any building permit shall be calculated using
an estimated equalized valuation of each residential unit as determined
by the Municipal Tax Assessor.
(2)
For nonresidential developments, the fifty-percent payment required
prior to the issuance of any building permit shall be calculated using
an estimated total equalized assessed valuation of the nonresidential
development as determined by the Municipal Tax Assessor.
B.
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 Municipal Tax Assessor.
C.
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:
(1)
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 fifty-percent 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 Municipal Tax Assessor.
A.
Inclusionary developments, as defined herein, are exempt from development
fees.
B.
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.
C.
Low- and moderate-income dwelling units shall be exempt from paying
development fees.
A.
All mandatory development fees collected pursuant to this article
shall be deposited in the interest-bearing escrow account entitled
the "Affordable Housing Trust Fund: Mandatory Fee Account."
B.
If the COAH determines that Eagleswood Township's spending is not
in conformance with COAH's rules on development fees, the COAH or
a court of competent jurisdiction shall direct the manner in which
all development fees collected pursuant to this article shall be expended.
A.
Money deposited in a housing trust fund may be used for any activity
approved 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 roads 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 approved spending plan.
B.
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 down payment assistance,
low-interest loans and rental assistance.
C.
No 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.
