[HISTORY: Adopted by the Township Committee
of the Township of Cranbury 5-21-1979; amended in its entirety 12-19-1995 by Ord. No. O-10-95-22. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Affordable housing — See Ch. 44.
The terms set forth in this chapter are hereby
defined as follows:
Any applicant for a development project, either awaiting
approval or approved with improvements being made.
Any fees deposited by a developer to pay for municipally
incurred expenses in the review of an application or inspections of
a project under development, and the accounting entries used to keep
track of expenditures.
Construction on property located outside the lot lines of
the lot in question but within the property (of which the lot is a
part) which is the subject of a development application or a contiguous
portion of a street or right-of-way.
Street paving and the widening, extension or modification
of existing paving, curbs, sidewalks, bikeways, storm drains or appurtenances,
drainage structures, culverts, fire hydrants, driveways, sanitary
sewers, water mains or appurtenances, gutters, street signs, streetlighting,
retaining walls and the like. In no case shall the proposed dwelling
or building be considered a "site improvement."
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways.
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping structures and signs, lighting
and screening devices.
Any other information that may be reasonably
required in order to make an informed determination pursuant to an
ordinance requiring review and approval of site plans by the Planning
Board.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development.
The following shall not be considered "subdivisions"
within the meaning of this chapter if no new streets are created:
Divisions of land found by the Planning Board,
or Subdivision Committee thereof appointed by the Chairman, to be
for agricultural purposes where all resulting parcels are five acres
or larger in size.
Divisions of property by testamentary or intestate
provisions.
Divisions of property upon court order.
Conveyances so as to combine existing lots by
deed or other instrument.
The term "subdivision" shall also include the
term "resubdivision."
A plan which fully indicates sufficient surface water runoff
control measures to effectively minimize surface water runoff damage
before, during and after land disturbance.
Permission to depart from the literal requirements of a zoning
ordinance pursuant to Section 47, 29.2b, 57c and 57d of Chapter 291
of the Laws of New Jersey 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Amended 9-9-2013 by Ord. No. 08-13-23]
[Amended 12-28-1998 by Ord. No. O-12-98-26; 9-9-2013 by Ord. No. 08-13-23]
The application fee for a subdivision shall
be as follows:
[Amended 12-28-1998 by Ord. No. O-12-98-26; 9-9-2013 by Ord. No. 08-13-23]
The application fees for submission of a site
plan for approval shall be as follows:
[Amended 9-9-2013 by Ord. No. 08-13-23]
Any application for a variance pursuant to N.J.S.A. 40:55D-70
or exception pursuant to N.J.S.A. 40:55D-51 shall require the following
application fees in addition to such application fee as may be required
for site plan or subdivision approval:
[Amended 9-9-2013 by Ord. No. 08-13-23]
[Amended 9-9-2013 by Ord. No. 08-13-23]
In addition to the application fees set forth in §§ 76-3 through 76-6 above, each applicant shall be required to submit with the application a review fee escrow deposit in accordance with the following schedule:
A.
Before recording of a final subdivision plat, or as
a condition of final site plan approval, or as a condition of the
issuance of any zoning permit, the Township Engineer shall prepare
a cost estimate of the cost of installation of the improvements which
the Planning Board or the Zoning Board may deem necessary or appropriate,
including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting,
shade trees, surveyors, monuments, water mains, culverts, storm sewers,
sanitary sewers, or other means of sewage disposal, drainage structures,
erosion control, sedimentation control devices, public improvements
of open space, and, in the case of site plans only, other on-site
improvements and landscaping.
B.
The developer shall make the deposit for the inspection
fees in an amount not to exceed, except for extraordinary circumstances,
the greater of $500 or 5% of the cost of improvements as estimated
by the Township Engineer. For those developments for which the reasonably
anticipated fees are less than $10,000, fees may, at the option of
the developer, be paid in two installments.
C.
The initial amount deposited by a developer shall
be 50% of the reasonably anticipated fees. When the balance on deposit
drops to the 10% of the reasonably anticipated fees because the amount
deposited by the developer has been reduced by the amount paid to
the Township Engineer for inspection, the developer shall deposit
the remaining 50% of the anticipated inspection fees. For those developments
for which the reasonably anticipated fees are $10,000 or greater,
fees may, at the option of the developer, be paid in four installments.
D.
The initial amount deposited by a developer shall
be 25% of the reasonably anticipated fees. When the balance on deposit
drops to 10% of the reasonably anticipated fees because the amount
deposited by the developer has been reduced by the amount paid to
the Township Engineer for inspection, the developer shall make additional
deposits of 25% of the reasonably anticipated fees. The Township Engineer
shall not perform any inspection if sufficient funds to pay for those
inspections are not on deposit. In the event that final approval is
by stages or sections of development, the provisions of this section
shall be applied by stage or section.
A.
The Chief Financial Officer of Cranbury Township shall
make all payments to the professionals for services rendered to the
Township or the Zoning Board or Planning Board as the case may be
for review of applications for development, review and preparation
of documents, inspection of improvements, or other purposes under
the provisions of N.J.S.A. 40:55D-1 et seq. Such fees or charges shall
be based upon a schedule established by resolution of the Township
Committee as the same may be changed from time to time. The application
review and inspection charges shall be limited only to professional
charges for review of applications, review and preparation of document
and inspection of developments under construction, and review by outside
consultants when an application is of a nature beyond the scope of
the expertise of the professionals normally utilized by the Township.
B.
The only cost that shall be added to any such charges
shall be actual out-of-pocket expenses of any such professionals or
consultants, including normal and typical expenses incurred in processing
application and inspecting improvements. The Township of the Planning
Board or the Zoning Board as the case may be shall not bill the applicant,
or charge any escrow account, or deposit authorized pursuant to this
chapter for any municipal, clerical or administrative functions, overhead
expenses, meeting room charges, or any other municipal costs and expenses
except as provided for in this section nor shall a municipal professional
add any such charges to his bill.
C.
If the salary, staff support and overhead for a township
professional are provided by the Township, the charge shall not exceed
200% of the sum of the products resulting from multiplying (1) the
hourly base salary which shall be established annually by ordinance
of each of the professionals by (2) the number of hours spent by the
respective professional upon review of the application for development
or inspection of the developer's improvements, as the case may be.
For other professionals, the charge shall be at the same rate as all
other work of the same nature by the professional for the Township
when fees are not reimbursed or otherwise imposed on applicants or
developers.
A.
Each payment charged to the deposit for review of
applications, review and preparation of documents, and inspection
of improvements shall be pursuant to a voucher from the professional
which voucher shall identify the personnel performing the service
and, for each date the service is performed, the hours spent to 1/4
hour increments, the hourly rate and the expenses incurred. All professionals
shall submit vouchers to the Chief Financial Officer of the Township
on a monthly basis in accordance with schedules and procedures established
by the Chief Financial Officer of the Township. If the services are
provided by a Township employee, the Township employee shall prepare
and submit to the Chief Financial Officer of the Township a statement
containing the same information as required on a voucher on a monthly
basis. The professional shall send an informational copy of all vouchers
or statements submitted to the Chief Financial Officer of the Township
simultaneously to the applicant. The Chief Financial Officer of the
Township shall prepare and send to the applicant a statement which
shall include an accounting of funds listing all deposits, interest,
earnings, disbursements, and the accumulative balance of the escrow
account.
B.
This information shall be provided on a quarterly
basis if monthly charges are $1,000 or less or on a monthly basis
if monthly charges exceed $1,000. If an escrow account or deposit
contains insufficient funds to enable the Township or the Zoning Board
or Planning Board to perform required application reviews or improvement
inspections, the Chief Financial Officer of the Township shall provide
the applicant with a notice of the insufficient escrow or deposit
balance. In order for work to continue on the development or the application,
the applicant shall within a reasonable time period post a deposit
to the account in an amount to be agreed upon by the Township or approving
authority and the applicant. In the interim, any required health and
safety inspection shall be made and charged back against the replenishment
of funds.
A.
The following closeout procedures shall apply to all
deposits in escrow accounts established pursuant to this chapter and
shall commence after the Planning Board or Zoning Board has granted
final approval and signed a subdivision plat or site plan in the case
of application review escrows and deposits, or after the improvements
have been approved by the Township in the case of improvement inspection
escrows and deposits. The applicant shall send written notice by certified
mail to the Chief Financial Officer of the Township and the Planning
Board or the Zoning Board, as the case may be, and to the relevant
Township professional that the application or the improvements, as
the case may be, are completed.
B.
After receipt of such notice, the professional shall
render a final bill to the Chief Financial Officer of the Township
within 30 days and shall send a copy simultaneously to the applicant.
The Chief Financial Officer of the Township shall render a written
final accounting to the applicant on the uses to which the deposit
was put within 45 days of receipt of the final bill. Any balances
remaining in the deposit or escrow account, including interest, in
accordance with N.J.S.A. 40:55D-53.1 shall be refunded to the developer
along with the final accounting.
All professional charges, review of an application
for development, review and preparation of documents, or inspection
of improvements shall be reasonable and necessary, given the status
and progress of the application for construction. Review fees shall
be charged only in connection with an application for development
presently pending before the approving authority or upon review of
compliance with conditions of approval, or review of request for modification
or amendments made by the applicant. A professional shall not review
items which are subject to approval by any State governmental agency
and not under municipal jurisdiction except to the extent consultation
with a State agency is necessary due to the effect of State approvals
and the subdivision of site plan. Inspection fees shall be charged
only for actual work shown on a subdivision of site plan or required
by an approving resolution. Professionals inspecting improvements
in the construction shall charge only for inspections that are reasonably
necessary to check the progress and quality of the work and such inspections
shall be reasonably based on the approved development plans and documents.
If the Township retains a different professional
or consultant in the place of the professional originally responsible
for development application review or inspection of the improvements,
the Township or the Planning Board or Zoning Board, as the case may
be, shall be responsible for all time and expenses of the new professional
to become familiar with the application or the project and the Township
or the Planning Board or Zoning Board, as the case may be, shall not
bill the applicant or charge the deposit or the escrow account for
any such services.
An applicant shall notify in writing the Township
Committee with copies to the Chief Financial Officer, the approving
authority and the professional whenever the applicant disputes the
charges made by the professional for service rendered to the Township
in reviewing applications for document development, review and preparation
of documents, inspection of improvements, or other charges made pursuant
to this chapter or if the applicant is unhappy with the estimate of
the cost of installation of improvements prepared by the Township
Engineer. The Township Committee or its designee shall within a reasonable
period of time attempt to remediate any disputed charges. If the matter
is not resolved to the satisfaction of the applicant, the applicant
may appeal to the County Construction Board of Appeals established
under N.J.S.A. 52:27D-127 in accordance with the procedures established
under Chapter 54 of the Public Laws of 1955.
For surface water runoff control plan review,
unrelated to an application for development, the applicant shall pay
an application fee of $100.
Any person requesting a copy of any document,
including rules and regulations of any municipal agency, minutes of
the meetings of any municipal agency and decisions of any municipal
agency, shall pay a fee of $0.50 per page to the 10th page, $0.25
per page for the 11th to 20th pages and $0.10 per page for all pages
over 20.
The municipal agency shall provide for the verbatim recording
of the proceedings by either a stenographer or mechanical or electronic
means at the applicant's expense.
In any case where a municipal agency places
a legal advertisement required by this chapter in regard to any application
for development, the applicant will pay the cost of such advertisement.
Any persons requesting a duplicate copy of the
tape recording of a public hearing shall pay a fee of $15 per tape.
This chapter shall take effect immediately upon
adoption and shall be applicable to all applications now or thereafter
pending.
Immediately upon adoption of this chapter, the
Municipal Clerk shall file a copy of this chapter with the County
Planning Board as required by law. The Clerk shall also file with
said County Planning Board copies of all other ordinances of the municipality
relating to land use, such as the Subdivision, Zoning and Site Plan
Review Ordinances.
[Amended 3-30-2009 by Ord. No. 03-09-04]
A.
In Holmdel Builders Association 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.
B.
Pursuant to P.L. 2008, c. 46, § 8 (N.J.S.A.
52:27D-329.2), and the Statewide Nonresidential Development Fee Act
(N.J.S.A. 40:55D-8.1 through 40:55D-8.7), COAH is 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 a COAH-approved spending plan may retain fees
collected from nonresidential development.
C.
This article 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 through 38.[1] Fees collected pursuant to this article shall be used
for the sole purpose of providing low- and moderate-income housing.
The provisions of this article shall be interpreted within the framework
of COAH's rules on development fees, codified at N.J.A.C. 5:97-8.
[1]
Editor's Note: See N.J.S.A. 52:27D-329.2 and
40:55D-8.1 through 40:55D-8.7.
As used herein, the following terms shall have
the following meanings:
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 one-hundred-percent affordable
development.
The New Jersey Council on Affordable Housing established
under the Act, which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
considerations in the state.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.
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.
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).
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.
A.
Imposed fees.
(1)
Within all zoning districts, residential developers,
except for developers of the types of development specifically exempted
below, shall pay a fee of 1.5% of the equalized assessed value for
residential development, provided no increased density is permitted.
(2)
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 shall be required to pay a development fee of 1.5% of the
equalized assessed value of the initial "by right" number of units
and 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.
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Example. If an approval allows four units to
be constructed on a site that was zoned for two units, the fees shall
equal 1.5% of the equalized assessed value on the first two units
and 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.
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B.
Eligible exactions, ineligible exactions and exemptions
for residential development.
(1)
Affordable housing developments, developments where
the developer is providing for the construction of affordable housing
units elsewhere in the municipality, 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 received preliminary or final site
plan approval prior to the adoption of the Township's first 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)
Unless otherwise specifically exempted herein, development
fees shall be imposed and collected when an existing structure undergoes
a change to a more intense use, is demolished and replaced, or is
expanded. The development fee shall be calculated on the increase
in the equalized assessed value of the improved structure.
(4)
Developers of residential structures demolished and
replaced as a result of a natural disaster shall be exempt from paying
a development fee.
(5)
Any change to a more intense use or replacement or
expansion of a structure that does not result in an increase in the
equalized assessed value of the structure of $20,000 or more shall
be exempt from paying a development fee.
A.
Imposed fees.
(1)
Pursuant to the provisions of P.L. 2008, c. 46, within
all zoning districts, nonresidential developers, except for developers
of the types of development specifically exempted, 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.
(2)
Nonresidential developers, except for developers of
the types of development specifically exempted, 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.
(3)
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 preexisting land and improvement and the equalized
assessed value of the newly improved structure, i.e., land and improvement,
at the time the certificate of occupancy is issued. If the calculation
required under this section results in a negative number, the nonresidential
development fee shall be zero.
B.
Eligible exactions, ineligible exactions and exemptions
for nonresidential development.
(1)
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.
(2)
The fee of 2.5% shall not apply to an increase in
equalized assessed value resulting from alterations, change in use
within existing footprint, reconstruction, renovations and repairs.
(3)
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 Nonresidential Development Fee
Certification/Exemption Form. Any exemption claimed by a developer
shall be substantiated by that developer.
(4)
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 as 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.
(5)
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 Township as a
lien against the real property of the owner.
A.
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.
B.
For nonresidential developments only, the developer
shall also be provided with a copy of Form N-RDF, State of New Jersey
Nonresidential Development Fee 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 Form
N-RDF. The Township Tax Assessor shall verify exemptions and prepare
estimated and final assessments as per the instructions provided in
Form N-RDF.
C.
The construction official responsible for the issuance
of a building permit shall notify the Township Tax Assessor of the
issuance of the first building permit for a development that is subject
to a development fee.
D.
Within 90 days of receipt of that notice, the Township
Tax Assessor, based on the plans filed, shall provide an estimate
of the equalized assessed value of the development.
E.
The construction official responsible for the issuance
of a final certificate of occupancy shall notify the Township Tax
Assessor of any and all requests for the scheduling of a final inspection
on property which is subject to a development fee.
F.
Within 10 business days of a request for the scheduling
of a final inspection, the Township Tax 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.
G.
Should the Township 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 Section 37 of P.L. 2008, c.
46 (N.J.S.A. 40:55D-8.6).
H.
Payment of development fees.
(1)
For residential development, 50% of the estimated
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 issuance of
the building permit and that determined at issuance of the certificate
of occupancy.
(2)
For nonresidential development, and in accordance
with Form N-RDF, as said form may from time to time be amended, the
developer shall pay 100% of the calculated nonresidential development
fee amount prior to the issuance of a certificate of occupancy for
such development.
I.
Appeal of development fees.
(1)
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 Township. Appeals
from a determination of the Board may be made to the tax court in
accordance with the provisions of the State Uniform Tax 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.
(2)
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
Township. Appeals from a determination of the Director may be made
to the tax court in accordance with the provisions of the State Uniform
Tax 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.
A.
The Township shall create and/or continue to maintain
a separate, interest-bearing Affordable Housing Trust fund that is
maintained by the Township 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.
B.
The following additional funds shall be deposited
in the Affordable Housing Trust Fund and shall at all times be identifiable
by source and amount:
(1)
Payments in lieu of on-site construction of affordable
units;
(2)
Developer-contributed funds to make 10% of the adaptable
entrances in a townhouse or other multistory attached development
accessible;
(3)
Rental income from municipally operated units;
(4)
Repayments from affordable housing program loans;
(5)
Recapture funds;
(6)
Proceeds from the sale of affordable units; and
(7)
Any other funds collected in connection with the Township's
affordable housing program.
C.
Within seven days from the opening of the trust fund
account, the Township shall provide COAH with written authorization,
in the form of a three-party escrow agreement between the Township,
the bank and COAH, to permit COAH to direct the disbursement of the
funds as provided for in N.J.A.C. 5:97-8.13(b).
D.
All interest accrued in the Affordable Housing Trust
Fund shall only be used on eligible affordable housing activities
approved by COAH.
A.
The expenditure of all funds shall conform to a spending
plan approved by COAH. Funds deposited in the Affordable Housing Trust
Fund may be used for any activity approved by COAH to address the
Township'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. 5:97-8.7 through
5:97-8.9 and specified in the approved spending plan.
B.
Funds shall not be expended to reimburse the Township
for past housing activities.
C.
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 Township's 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.
(1)
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.
(2)
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 Township's fair share plan to make
them affordable to households earning 30% or less of median income.
(3)
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.
D.
The Township 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, in accordance
with N.J.A.C. 5:96-18.
E.
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 Township 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 COAH's monitoring requirements. Legal or other fees
related to litigation opposing affordable housing sites or objecting
to the Council's regulations and/or actions are not eligible uses
of the Affordable Housing Trust Fund.
The Township shall complete and return to COAH
all monitoring forms included in monitoring requirements related to
the collection of development fees from residential and nonresidential
developers, payments in lieu of constructing affordable units on site,
funds from the sale of units with extinguished controls, barrier-free
escrow funds, rental income, repayments from affordable housing program
loans, and any other funds collected in connection with the Township's
affordable housing program, as well as to the expenditure of revenues
and implementation of the plan certified by COAH. All monitoring reports
shall be completed on forms designed by COAH.
The Township's ability to impose, collect and
expend development fees shall expire with its substantive certification
unless the Township has filed an adopted housing element and fair
share plan with COAH, has petitioned for substantive certification,
and has received COAH's approval of its development fee ordinance.
If the Township fails to renew its ability to impose and collect development
fees prior to the expiration of substantive certification, it may
be subject to forfeiture of any or all funds remaining within its
Affordable Housing 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 Township
shall not impose a residential development fee on a development that
receives preliminary or final site plan approval after the expiration
of its substantive certification or judgment of compliance, nor shall
the Township retroactively impose a development fee on such a development.
The Township shall not expend development fees after the expiration
of its substantive certification or judgment of compliance.
All ordinances or Code provisions or parts thereof
inconsistent with this article are hereby repealed.
