[Ord. No. 97-01 § 8]
It is the intent of this section that the procedural requirements
of the Municipal Land Use Law (N.J.S.A. 40:55D-1, et seq.) govern
the Land Use Development Procedures of the Borough of Farmingdale.
There are, however, several instances where the MLUL requires a municipality
to make choices among alternatives. This chapter identifies the choices
made by the Borough of Farmingdale. The Municipal Land Use Law should
be referenced for all other provisions.
[Ord. No. 97-01 § 9]
An application for development, as defined in the MLUL, shall
be required for any development, except the construction or alteration
of single family and two family residences which conform in all respects
to the requirements of this development chapter.
[Ord. No. 97-01 § 10
through § 10.14; Ord. No. 03-03; amended 7-9-2019 by Ord. No. 07-2019]
The Fee Schedule for this chapter can now be found in § 2-58.1.
a.
The administrative
fees shall be nonrefundable for the purpose of offsetting in-house
administrative, clerical and technical costs, exclusive of expenses
for professional consultants, such as legal, planning, engineering
and other professional fees, costs and expenses. Such professional
fees shall be designated as escrow fees and as referred to hereinafter.
b.
The administrative
fee may be waived by the governing body by resolution upon application
by nonprofit corporations devoted to recreational purposes under Title
15 of the New Jersey Statutes.
a.
Whenever
an application for development shall include more than one request
or action, the total accumulated fees of each separate action shall
be charged for administrative and escrow fees. Reference Fee Schedule
in § 2-58.7.1.
a.
The escrow
fees shall be required by the Planning Board for the purpose of reimbursing
the Borough for the direct fees, costs, charges and expenses of professional
consultants retained by or on behalf of the Borough, its boards or
agencies and employees and staff of the Borough, its boards or agencies
in reviewing and testifying and/or assisting the Borough in the processing
of applications pursuant to the ordinances of the Borough and/or assisting
the Borough in the evaluation, planning, and proper design of municipal
services and facilities in order to meet the needs of the proposed
project. In addition thereto, said escrow funds shall be utilized
to cover the cost of the Borough of professional services rendered
to the Borough for review of applications for development, review
and preparation of documents, and inspections 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 Borough.
b.
No professional
reviews will be undertaken until the escrow has been established.
If, in the judgment of the Planning Board, additional funds are required
after 75% of the original escrow account has been exhausted, these
monies shall be paid into the appropriate account or accounts.
c.
Professional
Review Fees. The Planning Board may require the payment of fees into
an escrow account for the purpose of reimbursing the Borough for direct
fees, costs, charges and expenses of professional consultants retained
by or on behalf of the Borough, its boards or agencies and employees
and staff of the Borough, its boards or agencies in reviewing and
testifying .and/or assisting the Borough in the processing of applications
pursuant to the ordinances of the Borough and/or assisting the Borough
in the evaluation, planning, and proper design of municipal services
and facilities in order to meet the needs of the proposed project.
In addition thereto, said escrow funds shall be utilized to cover
the cost to the Borough of professional services rendered to the Borough
for review of applications for development, review and preparation
of documents, and inspections 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 Borough. Such escrow accounts will be based upon the fee schedule
as noted in § 2-58.7.1.
d.
The Chief
Financial Officer of the Borough shall make all of the payments to
professionals for services rendered to the Borough for review of applications
for development, review and preparation of documents, inspections
of improvements or other proposes under provision of the Municipal
Land Use Law, N.J.S.A. 40:55D1 et seq. Such fees or charges shall
be based upon a schedule established by resolution or resolutions
as adopted by the Borough Council for professional services.
e.
Escrow
account deposits shall be placed in an interest bearing account and
the same shall be administered in accordance with the requirements
of N.J.S.A. 40:55D-53.l.
f.
All disbursements
to consulting professionals, Borough consulting professionals and
Borough-employed professionals for services involved in processing
an application which requires escrow account deposits shall be charged
against the escrow account.
g.
The Chief
Financial Officer shall prepare and send to the applicant a statement
which shall include an accounting of funds listing all deposits, interest
earnings, disbursements, and the cumulative balance of the escrow
account. 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.
h.
Each payment
charged to the deposit for review of the application, review and preparation
of documents and inspection of improvements shall be pursuant to a
voucher from the professional. Said voucher shall identify the personnel
performing the service, the date, the services performed, the hours
spent to one-quarter-hour increments, the hourly rate and the expenses
incurred. All professionals shall submit vouchers to the Chief Financial
Officer of the Borough on a monthly basis in accordance with schedules
and procedure established by the Chief Financial Officer of the Borough.
i.
If the
services are provided by a Borough employee on behalf of the Borough,
the employee shall prepare and submit to the Chief Financial Officer
a statement containing the same information as required on the 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 Borough simultaneously to the applicant.
j.
The application
review and inspection charges shall be limited only to professional
charges for review of applications, review and preparation of documents
and inspections of development under construction and review by outside
consultants when an application if of a nature beyond the scope of
the expertise of the professionals normally utilized by the Borough.
k.
The only
costs that shall be added to any such charges shall be actual out-of-pocket
expenses of any such professional or consultants including normal
and typical expenses incurred in processing applications and inspecting
improvements. The Borough shall not bill the applicant, or charge
an escrow account or deposit, for any Borough clerical or administrative
functions, overhead expenses, meeting room charges, or any other costs
and expenses, except as provided for in this section, nor shall a
Borough professional add any such charges to his bill.
l.
A professional
shall not review items which are subject to approval by any state
agency and not under municipal jurisdiction except to the extent that
consultation with a state agency is necessary due to the effect of
state approval on the subdivisions or site plan.
m.
All professional
charges for review of an application for development, review and preparations
of documents, or inspections of improvements shall be reasonable and
necessary, given the status and progress of the application or 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 modifications or amendments made by the applicant.
n.
If the
Borough retains a different professional or consultant in the place
of the professional originally responsible for development application
review or inspection of improvements, the Borough shall be responsible
for all time and expenses of the new professional to become familiar
with the application or project and shall not bill the applicant or
charge the deposit or the escrow account for any such services.
o.
If the
salary, staff support and overhead for a Borough professional are
provided by the municipality, the charge shall not exceed 200% of
the sum of the product resulting from multiplying (1) the hourly base
salary of the professional 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 municipality
when fees are not reimbursed or otherwise imposed on applicants or
developers.
p.
Refund
of Monies in Escrow Account. The following close out and refund procedure
shall apply to all deposits and escrow account established under the
provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.,
and shall commence after the Borough has granted final approval and
signed the subdivision plat or site plan, in the case of application
review escrows and deposits, or after the improvements have been approved,
in the case of improvements inspections escrows and deposits and the
Borough has further determined that there is no longer any need to
retain any escrow account.
1.
The applicant
shall send written notice by certified mail to the Chief Financial
Officer and to the relevant Borough professional that the application
or improvements are completed.
2.
After
receipt of such notice, the professional shall render a final bill
to the Chief Financial Officer within 30 days and shall send a copy
simultaneously to the applicant.
3.
The Chief
Financial Officer shall render a written final accounting to the applicant
on the uses to which the escrow account deposit was put within 45
days after the receipt of the final bill.
4.
Any balances
remaining in the deposit or escrow account, including interest in
accordance with the requirement of N.J.S.A. 40:55d-53.l, shall be
refunded to the developer along with the final accounting.
5.
In the
event that an applicant requests a refund of any balances remaining
in a deposit or escrow account and it is necessary for the Borough
to provide additional professional services or inspection services
relating to the development application, it will be necessary for
the developer to post a new deposit or escrow amount pursuant to this
chapter, as if it were a new development application.
q.
Dispute
of Charges.
1.
An applicant
shall notify in writing the Borough Council, with copies to the Chief
Financial Officer, the approving authority and the professional, whenever
the applicant disputes the charges made by a professional for services
rendered to the Borough in reviewing applications for development,
review and preparation of documents, inspection of improvements, or
other charges made pursuant to the provisions of P.L.1975. c. 291
(N.J.S.A. 40:55D-1 et seq.).
2.
The Borough
Council or its designee shall, within a twenty-one-day period, attempt
to remediate any disputed charge. In the event that the matter is
not resolved to the satisfaction of the applicant, the applicant may
appeal, in writing, to the County Construction Board of Appeals established
under Section 9 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-127).
3.
An applicant
filing an appeal shall simultaneously send a copy to the Borough approving
agency arid any professional whose charge is the subject of the appeal.
4.
Any appeal
shall be filed within 45 days from receipt of the informational copy
of the professional's voucher, except that if the professional has
not supplied the applicant with the informational copy of the voucher,
then the applicant shall file his appeal within 60 days from receipt
of the municipal statement of activity against the deposit or escrow
account.
a.
The developer
shall reimburse the Borough for all reasonable inspection fees paid
to the Borough Engineer for the inspection of improvements; provided
that the Borough shall require of the developer a 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.
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. The initial amount deposited by a developer shall
be 50% 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 Borough 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.
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 Borough Engineer for inspection,
the developer shall make additional deposits of 25% of the reasonably
anticipated fees. The Borough Engineer shall not perform any inspection
if sufficient funds to pay for those inspections are not on deposit.
a.
Guarantee
Required. Before recording final subdivision plats or as a condition
of final site plan approval or as a condition to the issuance of a
zoning permit pursuant to N.J.S.A. 40:55D-65d, the approving Board,
for the purpose of assuring the installation and maintenance of on-
and off-tract (pursuant to N.J.S.A. 40:55D-42) improvements, shall
require and accept in accordance with the standards adopted by this
subsection, the following:
1.
The furnishing
of a performance guarantee in favor of the Borough of Farmingdale
in an amount not to exceed 120% of the cost of installation, which
cost shall be determined by the Borough Engineer, setting forth all
requirements for improvements as fixed by the Board and their estimated
cost. The estimated cost of the installation of improvements determined
by the Borough Engineer shall be based on documented construction
costs for public improvements prevailing in the general area of the
Borough including streets, grading, pavement, gutters, curbs, sidewalks,
street lighting, shade trees, soil erosion control devices, surveyor's
monuments, as shown on the final subdivision plat and required by
the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), culverts, storm sewers,
drainage structures, public improvements of open space and, in the
case of site plans only, other on-site improvements and landscaping
provided that 10% of the total performance guarantee shall be in cash
and the balance shall be in the form of a bond or other securities
or guarantees approved by the Borough Attorney. The foregoing shall
not, however, preclude the developer from posting a greater percentage
in cash if the developer so desires plans only, other on-site improvements
and landscaping provided that 10% of the total performance guarantee
shall be in cash and the balance shall be in the form of a bond or
other securities or guarantees approved by the Borough Attorney. The
foregoing shall not, however, preclude the developer from posting
a greater percentage in cash if the developer so desires.
2.
Provision
for the maintenance guarantee to be posted with the Borough for a
period of one year after final acceptance of the improvements, in
an amount of 10% of the cost of improvement, which cost shall be determined
by the Borough Engineer. In the event that other governmental agencies
or public utilities automatically will own the utilities to be installed
or the improvements are covered by a performance or maintenance guarantee
to another governmental agency, no performance or maintenance guarantee,
as the case may be, shall be required by the Borough for such utilities
or improvements.
3.
The Borough
Engineer shall prepare an itemized cost estimate of the improvements
covered by the performance guarantee, which itemized cost estimate
shall be appended to each performance guarantee posted by the developer.
b.
Time Period
for Installation. All public improvements shall be completed within
six months of issuance of the last certificate of occupancy or five
years of issuance of a soil disturbance permit, whichever comes first.
The Borough Council may extend the time allowed for installation of
the improvements for which the performance guarantee has been provided
by resolution. As a condition or as part of any such extension, the
amount of any performance guarantee shall be increased or reduced,
as the case may be, to an amount not to exceed 120% of the cost of
the installation, which cost shall be determined by the Borough Engineer
according to the method of calculation set forth in Section 15 of
P.L. 1991, c. 256, as of the time of the passage of the resolution.
c.
Developer
Liability. If the required improvements are not completed or corrected
in accordance with the performance guarantee, the developer and surety,
if any, shall be liable thereon to the Borough for the reasonable
cost of the improvements not completed or corrected and the Borough
may either prior to or after the receipt of the proceeds thereof complete
such improvements. Such completion or correction of improvements shall
be subject to the public bidding requirements of the Local Public
Contracts Law (N.J.S.A. 40A:11-1 et seq.).
d.
Reduction
of Guarantee.
1.
Upon
completion of portions of required improvements, the Borough Council
may reduce the amount of any performance guarantee by resolution,
when requested by the developer and certified by the Borough Engineer,
provided that 30% of the amount of the total performance guarantee
posted may be retained to ensure completion and acceptability of all
improvements.
2.
In the
event that the developer has made a cash deposit with the Borough
as part of the performance guarantee, then any partial reduction granted
in the performance guarantee pursuant to this subsection shall be
applied to the cash deposit in the same proportion as the original
cash deposit bears to the full amount of the performance guarantee.
3.
When
all of the required improvements have been completed and the obligor
has supplied the Borough Council with as-built drawings where required
by the Borough Engineer, then the obligor shall notify the Borough
Council in writing, by certified mail addressed in care of the Borough
Clerk, of the completion of said improvements and shall send a copy
thereof to the Borough Engineer. Thereupon, the Borough Engineer shall
inspect all of the improvements and shall file a detailed report,
in writing, with the Borough Council, indicating either approval,
partial approval or rejection of the improvements, with a statement
of reason for any rejection. If partial approval is indicated, the
cost of the improvements rejected shall be set forth.
4.
The Borough
Council, by resolution, shall either approve, partially approve, or
reject the improvements on the basis of the report of the Borough
Engineer and shall notify the obligor in writing, by certified mail,
of the contents of said report and the action of said reviewing board
with relation thereto not later than 45 days after receipt of the
notice from the obligor of the completion of the improvements. Where
partial approval is granted, the obligor shall be released from all
liability pursuant to its performance guarantee, except for that portion
adequately sufficient to secure provision of the improvements not
yet approved. Failure of the Borough Council to send or provide such
notification to the obligor within 45 days shall be deemed to constitute
approval of the improvements, and the obligor and surety, if any,
shall be released from all liability pursuant to such performance
guarantee.
5.
If any
portion of the required improvements is rejected, the reviewing Board
may require the obligor to complete such improvements, and upon completion,
the same procedure of notification as set forth in this subsection
shall be followed.
6.
The obligor
shall reimburse the municipality for all reasonable inspection fees
paid to the Borough Engineer for the foregoing inspection of improvements.
a.
Whenever
an amount of money in excess of $5,000 shall be deposited by an applicant
with a municipality for professional services employed by the municipality
to review applications for development, for municipal inspection fees,
or to satisfy the guarantee requirements, the money, until repaid
or applied to the purposes for which it is deposited, including the
applicant's portion of the interest earned thereon, except as otherwise
provided in this section, shall continue to be the property of the
applicant and shall be held in trust by the municipality. Money deposited
shall be held in escrow. The municipality receiving the money shall
deposit in a banking institution or savings and loan association in
this state insured by an agency of the federal government, or any
other fund or depository approved for such deposits by this state,
in an account bearing interest at the minimum rate currently paid
by the institution or depository on time savings deposits. The municipality
shall notify the applicant in writing of the name and address of the
institution or depository in which the deposit is made and the amount
of the deposit. The municipality shall not be required to refund an
amount of interest paid on a deposit that does not exceed $100 for
the year. If the amount of interest exceeds $100, that entire amount
shall belong to the applicant and shall be refunded to him by the
municipality annually or at the time the deposit is repaid or applied
to the purposes for which it was deposited, as the case may be; except
that the municipality may retain for administrative expenses a sum
equivalent to no more than 33 1/3% of that entire amount which
shall be in lieu of all other administrative and custodial expenses.
a.
In cases
where only a portion of a parcel or site are to be involved in the
proposed site plan, the site area charge shall be based upon an area
extending 20 feet outside the limits of all construction, including
grading and landscaping as well as all other areas of the site the
Borough Engineer believes are reasonably affected by the development
application. The 20 feet around the disturbed area shall not extend
beyond the property lines. The Borough may still require reasonable
improvements and upgrading to portions of the site not within the
disturbed or affected areas.
a.
If the
Planning Board is requested to and decides to hear an application
at one or more special meetings, the applicant(s) shall pay an additional
$1,500 in escrow for each special meeting at which the matter is heard.
The applicant shall be responsible for the actual costs of such meeting
or meetings, including but not limited to the cost to the Borough
for attendance of its professionals. Upon completion of the meeting
or meetings, the Chief Financial Officer shall notify the applicant(s)
of any additional balance due the Borough or shall return any unused
balance of the escrow to the applicant.
a.
Any application
approved by the Planning Board that results in revisions to Borough
Tax Maps shall be required to post fees noted in § 2-58.7.1
for each new lot, to offset the Borough’s cost in revising the
Tax Map.
[Ord. No. 97-01 § 11]
Any maps and documents for which approval is sought at a hearing
shall be on file and available for public inspection at least 21 days
before the date of the hearing during normal business hours in the
office of the Borough Clerk. This requirement may be reduced by the
Planning Board, at the request of the applicant, for revisions of
plans and documents previously submitted as a part of the application,
but in no case shall the any documents be on file for a period of
time less than that required by the Municipal Land Use Law.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 04-10 and 05-02.
[Ord. No. 2009-01 § 1]
a.
In Holmdel Builder's 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 section 8 (C. 52:27D-329.2) and the Statewide
Non-Residential Development Fee Act (C. 40:55D-8.1 through 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 court of competent jurisdiction and have a COAH-approved spending
plan may retain fees collected from nonresidential development.
c.
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, Sections 8 and 32-38. 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, codified at N.J.A.C. 5:97-8.
[Ord. No. 2009-01 § 2]
a.
The Borough of Farmingdale shall not impose development fees on any
applicant pursuant to this section until COAH or a Court has approved
the Development Fee Ordinance pursuant to N.J.A.C. 5:96-5.1, except
that residential fees may be collected pursuant to the previously
approved fee ordinance until such time as this ordinance takes effect,
and nonresidential fees shall be collected in accordance with the
Statewide Non-Residential Development Fee Act, N.J.S.A. 40:55D-8.1
et seq.
b.
The Borough of Farmingdale shall not spend development fees until
COAH or a Court has approved a plan for spending such fees in conformance
with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.
[Ord. No. 2009-01 § 3]
The following terms, as used in this section, shall have the
following meanings:
Shall mean 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% affordable
development.
Shall mean 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
consideration in the State.
Shall mean 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.
Shall mean money paid by a developer for the improvement
of property as permitted in N.J.A.C. 5:97-8.3.
Shall mean 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
sections 1, 5, and 6 of P.L.1973, c.123 (C.54:1-35a through C.54:1-35c).
Shall mean 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.
[Ord. No. 2009-01 § 4]
a.
Imposed Fees.
1.
Within all zoning districts in the Borough of Farmingdale, 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 6% of the equalized assessed
value (EAV) for each additional unit above that permitted by right
which 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.
b.
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, 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 structure.
4.
Nonprofit organizations which have received tax exempt status pursuant
to Section 501(c)(3) of the Internal Revenue Code, providing current
evidence of that status is submitted to the Municipal Clerk, together
with a certification that services of the organization are provided
at reduced rates to those who establish an inability to pay existing
charges, shall be exempted from paying a development fee.
5.
Federal, State, County and local governments shall be exempted from
paying a development fee.
6.
The owner of a residential unit who rebuilds when the owner's existing
dwelling unit was destroyed due to fire, flood or other natural disaster
shall be exempt from paying a development fee.
[Ord. No. 2009-01 § 5]
a.
Imposed Fees.
1.
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 pre-existing land and improvement and the equalized assessed
value of the newly-improved structure, i.e. land and 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.
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 2.5% development fee, unless
otherwise exempted below.
2.
The 2.5% fee 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
Non-Residential Development 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 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 Borough of Farmingdale as a lien against
the real property of the owner.
[Ord. No. 2009-01 § 6]
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 Borough's 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 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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
Should the Borough of Farmingdale 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 (C.40:55D-8.6).
h.
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.
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 Borough of Farmingdale.
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, R.S.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 Borough of
Farmingdale. 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, R.S.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.
[Ord. No. 2009-01 § 7]
a.
There is hereby created a separate, interest-bearing Housing Trust
Fund to be maintained by the Borough's 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 Borough of Farmingdale's
affordable housing program.
c.
Within seven days from the opening of the Trust Fund account, the
Borough of Farmingdale shall provide COAH with written authorization,
in the form of a three-party escrow agreement between the municipality,
the Borough's banking institution, 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 Housing Trust Fund shall only be used
on eligible affordable housing activities approved by COAH.
[Ord. No. 2009-01 § 8]
a.
The expenditure of all funds shall conform to a spending plan approved
by COAH or the Court. Funds deposited in the Housing Trust Fund may
be used for any activity approved by COAH or the Court to address
the Borough of Farmingdale'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 8.9 and specified in the approved
spending plan.
b.
Funds shall not be expended to reimburse the Borough of Farmingdale
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 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.
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 municipal 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 Borough of Farmingdale 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 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 COAH's monitoring requirements. Legal or other fees
related to litigation opposing affordable housing sites or objecting
to the Council's regulations and/or action are not eligible uses of
the Affordable Housing Trust Fund.
[Ord. No. 2009-01 § 9]
The Borough of Farmingdale shall complete and return to COAH
all monitoring forms included in the annual monitoring report related
to the collection of development fees from residential and nonresidential
developers, payments in lieu of constructing affordable units on site,
and 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
Borough of Farmingdale's housing program, as well as to the expenditure
of revenues and implementation of the plan approved by the court.
All monitoring reports shall be completed on forms designed by COAH.
[Ord. No. 2009-01 § 10]
The ability of the Borough of Farmingdale to impose, collect
and expend development fees shall expire with its substantive certification
or judgment of compliance unless the Borough of Farmingdale 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 Borough of Farmingdale fails
to renew its ability to impose and collect development fees prior
to the expiration of its substantive certification or judgment of
compliance, 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 section 20 of P.L.1985, c.222 (C.52:27D-320). The Borough of Farmingdale
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 Borough of Farmingdale retroactively impose a development fee
on such a development. The Borough of Farmingdale shall not expend
development fees after the expiration of its substantive certification
or judgment of compliance.
[Ord. No. 2008-02 § 1]
The purpose of this section is to create the administrative
mechanisms needed for the execution of the Borough of Farmingdale's
responsibility to assist in the provision of affordable housing pursuant
to the Fair Housing Act of 1985.
[Ord. No. 2008-02 § 2]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean the entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
the Borough of Farmingdale to ensure that the restricted units under
administration are affirmatively marketed and sold or rented, as applicable,
only to low and moderate income households.
Shall mean the employee charged by the Governing Body with
the responsibility for oversight and administration of the affordable
housing program for the Borough of Farmingdale.
[Ord. No. 2008-02 § 3]
a.
Establishment of Position of Municipal Housing Liaison. There is
hereby established the position of Municipal Housing Liaison for the
Borough of Farmingdale.
b.
Subject to the approval of the Council on Affordable Housing (COAH)
or the Court, the Municipal Housing Liaison shall be appointed by
the Governing Body and may be a full or part time municipal employee.
c.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Borough
of Farmingdale, including the following responsibilities which may
not be contracted out:
1.
Serving as the Borough of Farmingdale's primary point of contact
for all inquiries from the State, affordable housing providers, Administrative
Agents, and interested households;
2.
Monitoring the status of all restricted units in the Borough of Farmingdale's
Fair Share Plan;
3.
Compiling, verifying, and submitting annual reports as required by
COAH;
4.
Coordinating meetings with affordable housing providers and Administrative
Agents, as applicable;
5.
Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved
by COAH;
d.
Subject to approval by COAH or the Court, the Borough of Farmingdale,
will contract with or authorize a consultant, authority government
or any agency charged by the Governing Body, which entity shall have
the responsibility of administering the affordable housing program
of the Borough of Farmingdale, except for those responsibilities which
may not be contracted out pursuant to paragraph c above. When the
Borough of Farmingdale contracts with another entity to administer
all or any part of the affordable housing program, including the affordability
controls and Affirmative Marketing Plan, the Municipal Housing Liaison
shall supervise the contracting Administrative Agent.
e.
Compensation. Compensation shall be fixed by the Governing Body at
the time of the appointment of the Municipal Housing Liaison.
[Ord. No. 97-01 § 12.1]
Public notice of a hearing on an application for development
shall be given by the applicant at least 10 days prior to the date
of the hearing except for amended site plans, extension of preliminary
or final site plan and subdivision approvals, minor subdivisions,
final subdivisions and minor site plans submitted to the Minor Site
Plan Committee. Public notice shall be required in the event relief
is requested on applications undertaken by the Planning Board. Public
notice shall be given by publication in the official newspaper of
the municipality, if there be one, or in a newspaper of general circulation
in the municipality.
[Ord. No. 97-01 § 12.2]
Upon the written request of an applicant and the payment of
a fee of $10, the Borough Clerk shall make and certify a list from
said current tax duplicates of names and addresses of owners within
the Borough of Farmingdale to whom the applicant is required to give
notice. The applicant shall be entitled to rely upon the information
contained in such list, and failure to give notice to any owner not
on the list shall not invalidate any hearing or proceeding. (Note:
For the names and addresses of property owners in adjacent municipalities,
when required, contact the respective Clerks.)
[Ord. No. 97-01 § 13]
An application for development shall be complete for purposes
of commencing the applicable time period for action by a Planning
Board when so certified by the Borough Clerk. In the event that the
Borough Clerk does not certify the application to be complete within
45 days of the date of its submission, the application shall be deemed
complete upon the expiration of the forty-five-day period for purposes
of commencing the applicable time period unless:
a.
The application lacks information indicated on the checklist adopted
by and contained in the Land Development Ordinance of the Borough
of Farmingdale and provided to the applicant; and
b.
The Borough Clerk has notified the applicant, in writing, of the
deficiencies in the application within 45 days of submission of the
application. The applicant may request that one, or more of the submission
requirements be waived, in which event the agency or its authorized
committee shall grant or deny the request within 45 days. Nothing
herein shall be construed as diminishing the applicant's obligation.
The Planning Board may subsequently require correction of any information
found to be in error and submission of additional information not
specified in this chapter or any revisions in the accompanying documents
as are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the Planning Board.
[Ord. No. 97-01 § 14]
Any decision of the Planning Board when acting upon any application
for development and any decision of the Governing Body when acting
upon an appeal shall be given notice in the following manner:
a.
A copy of the decision shall be mailed to the applicant or appellant,
or if represented, then to his attorney, without charge, and for a
reasonable charge to any interested party who has requested it, not
later than 10 days after the date of the decision.
b.
A brief notice of the decision shall be published in the official
newspaper of the municipality if there be one or in a newspaper of
general circulation in the municipality. Such publication shall be
arranged by the Secretary of the Board and paid for by the applicant.
The period of time in which an appeal of the decision may be made
shall run from the first publication of the decision, whether arranged
by the municipality or the applicant.
c.
A copy of the decision and all submitted documents of record shall
be filed with the Borough Clerk.
[Ord. No. 97-01 § 15]
Pursuant to N.J.S.A. 40:55D-26(c) the Planning Board shall exercise
to the same extent and subject to the same restrictions, all the powers
of the Board of Adjustment as provided by law and other provisions
of this chapter.
[Ord. No. 97-01 § 16
- 16.7]
a.
A Planning Board is hereby established consisting of nine members
of the following four classes:
Class I – The Mayor.
Class II – One of the officials of the municipality, other
than a member of the Governing Body, to be appointed by the Mayor.
Class III – A member of the Governing Body appointed by
it.
Class IV – Six other citizens of the municipality to be
appointed by the Mayor. The members of Class IV shall hold no other
municipal office, position or employment except that one Class IV
member may be a member of the Board of Education.
b.
The term of the member composing Class I shall correspond with his
official tenure. The term of the member composing Class II shall be
for one year or terminated at the completion of the term of office,
whichever occurs first.
c.
The terms of all Class IV members first appointed pursuant to this
chapter shall be so determined that to the greatest practicable extent
the expiration of such term shall be evenly distributed over the first
four years after their appointment and as determined by resolution
of the Governing Body; provided, however, that no term of any member
shall exceed four years and further provided that nothing herein shall
affect the term of any present member of the Planning Board, all of
whom shall continue in office until the completion of the terms of
four years except as otherwise herein provided. All terms shall run
from January 1 of the year in which the appointment was made.
d.
If a vacancy of any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
e.
The Planning Board shall elect a Chairman and Vice-Chairman from
the members of Class IV and select a Secretary who may be either a
member of the Planning Board or a municipal employee designated by
it.
f.
There shall be two alternate members of the Planning Board whose
terms shall be two years, except that the terms of the alternate members
shall be such that the term of not more than one alternate member
shall expire in any one year; provided, however, that in no instance
shall the terms of the alternate members first appointed exceed two
years. A vacancy occurring otherwise than by expiration of term shall
be filled for the unexpired term only. Alternate members shall be
designated Alternate Number One and Alternate Number Two at the time
of appointment. Such alternate members shall perform their duties
as required by law. Alternate members shall have the qualifications
of Class IV members.
g.
The establishment of the Planning Board as referred herein shall
be governed by N.J.S.A. 40:55D-1, et seq. (including N.J.S.A. 40:55D-23)
as may be amended from time to time.
[Ord. No. 97-01 § 17
- 17.2]
a.
The Planning Board shall have the power to:
1.
Make and adopt and from time to time amend a Master Plan for the
physical development of the Borough, including any areas outside its
boundaries which, in the Board's judgment, bear essential relation
to the planning of the Borough.
2.
Administer the provisions of the Land Development Regulations.
3.
Participate in the preparation and review of programs or plans required
by state or federal law or regulation.
4.
Assemble data on a continuing basis as part of a continuous planning
process.
5.
Annually, prepare a program of municipal capital improvements projects
projected over a term of six years and amendments thereto and recommend
same to the Governing Body.
6.
Consider and make report to the Governing Body within 35 days after
referral as to any proposed development regulation submitted to it
and also pass upon other matters specifically referred to the Planning
Board by the Governing Body.
7.
Hear and decide appeals, requests for interpretations and variance
applications pursuant to N.J.S.A. 40:55D-70.
b.
The Planning Board shall also have all other powers and jurisdiction
as now or hereafter conferred upon it by the Municipal Land Use Law,
N.J.S.A. 40:55D-1, et seq. and by the provisions of the Code of the
Borough of Farmingdale.
[Ord. No. 97-01 § 18.1]
a.
Any developer requesting a zone change shall file with the Borough
Clerk a request for same and simultaneously deposit with the Borough
Clerk an escrow amount for fees as hereinafter set forth.
b.
The application shall include a statement giving the following:
1.
Name and address of applicant;
2.
The name of the amendment or other alterations sought to the development
regulations;
3.
A brief narrative statement concerning the impact and effect which
the proposed amendment would have on the goals and objectives of the
Master Plan;
4.
A brief narrative statement concerning whether and how the proposed
amendment will further any of the purposes of the Municipal Land Use
Law;
5.
A brief narrative statement concerning whether and how the proposed
amendments affect the general health, safety and welfare concerns
of the municipality;
6.
A brief narrative statement concerning why the purposes sought to
be advanced by the amendment could not be addressed in a statutory
recognized application for development;
7.
Applicant shall affix to the document or statement provided any specific
language which he seeks adopted as an amendment which shall be presented
in an ordinance format and specifically address each section of the
existing development regulations sought to be amended;
8.
Applicant shall further provide the specific language which he seeks
adopted as an amendment;
9.
If the proposed amendment or alteration affects specific property
within the Borough, the document shall in addition to the above:
(a)
Contain the address, block and lot description, size, dimensions
and current zoning district of the property;
(b)
Shall further contain a narrative statement concerning whether
or not the applicant is the owner and if not whether the owner consents
to the application;
(c)
Shall also contain a narrative description of all uses and/or
physical features currently in existence on the property in question
and on all properties within 200 feet from any point of the property
and the impact which the proposed amendment will have on these existing
uses or physical features.
[Ord. No. 97-01 § 18.2]
The fee to be charged for a zone change request shall be determined
in the following manner:
a.
The developer upon the filing of a zone change request shall deposit
with the Chief Financial Officer adequate funds of no less than $2,000
to cover the costs of professional services in connection with the
review of said zone change request including but not limited to fees
of the Borough Attorney, Planning Board Attorney, and any other professional
whose services are deemed necessary with respect to review of the
zone change request.
b.
All monies required under this section shall be deposited by the
Chief Financial Officer in an escrow account and all disbursements
to professional consultants and experts required to review the zone
change request shall be charged against the account. No professional
reviews will be undertaken until the escrow has been established.
If, in the judgment of the Borough Clerk, additional funds are required
after 75% of the original escrow account has been exhausted, these
monies shall be paid into the appropriate account or accounts. In
order to expedite the processing of all the zone change requests,
the Borough Clerk shall notify the developer immediately upon the
depletion of 75% of the funds in the escrow account.
c.
Any of the aforesaid deposit remaining in the account upon completion
of the review procedure shall be returned to the developer.
d.
No Borough agency shall review and/or take action on a zone change
request unless all fees required have been deposited by the developer.
