Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
Township of Cranbury, NJ
Middlesex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[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:
DEVELOPER
Any applicant for a development project, either awaiting approval or approved with improvements being made.
ESCROW OR ESCROW ACCOUNT
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.
OFF-SITE CONSTRUCTION
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.
SITE IMPROVEMENT
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."
SITE PLAN
A development plan of one or more lots on which is shown:
A. 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
B. 
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.
C. 
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.
SUBDIVISION
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.
A. 
The following shall not be considered "subdivisions" within the meaning of this chapter if no new streets are created:
(1) 
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.
(2) 
Divisions of property by testamentary or intestate provisions.
(3) 
Divisions of property upon court order.
(4) 
Conveyances so as to combine existing lots by deed or other instrument.
B. 
The term "subdivision" shall also include the term "resubdivision."
SURFACE WATER RUNOFF CONTROL PLAN
A plan which fully indicates sufficient surface water runoff control measures to effectively minimize surface water runoff damage before, during and after land disturbance.
VARIANCE
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]
The application fees as set forth in §§ 76-3 through 76-6 hereof shall be applied to cover direct administrative expenses and other incidental expenses connected with processing and checking all of the materials of the application. Application fees are nonrefundable.
[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:
A. 
Minor subdivision plat: $300.
B. 
Major subdivision.
(1) 
Preliminary plat: $500 plus $25 per lot.
(2) 
Final plat: $500 plus $20 per lot.
C. 
Resubmittal fees for an application for preliminary or final subdivision approval where the applicant has submitted an incomplete or amended application requiring further review by Township staff and experts shall be as follows:
(1) 
Single-family or two-family residential: $100.
(2) 
All others: $200.
[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:
A. 
Minor site plan: $200.
B. 
Major site plan.
(1) 
Preliminary approval:
(a) 
Multifamily residential: $750, plus $75 per unit.
(b) 
Nonresidential: $750, plus $25 per 1,000 square feet of gross floor area for the first 50,000 square feet and $10 per 1,000 square feet of gross floor area for any additional square footage beyond 50,000 square feet.
(2) 
Final approval: $500.
(3) 
Resubmittal where the applicant has submitted an incomplete application requiring further review by Township staff and experts: $200.
[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:
A. 
Use or other variance pursuant to N.J.S.A. 40:55-70d:
(1) 
Single-family or two-family residential: $200 for first variance, plus $25 for each additional variance.
(2) 
All other development: $500 for first variance plus $100 for each additional variance.
B. 
Bulk or other variance pursuant to N.J.S.A. 40:55D-70c:
(1) 
Single-family or two-family residential: $100 for first variance plus $25 for each additional variance.
(2) 
All other development: $250 for first variance, plus $150 for each additional variance.
C. 
Exceptions pursuant to N.J.S.A. 40:55D-51:
(1) 
Single-family or two-family residential: $50 per exception.
(2) 
All others: $150 for first exception, plus $100 for each additional exception.
D. 
Appeals pursuant to N.J.S.A. 40:55D-70a or requests for interpretation of zoning ordinance pursuant to N.J.S.A. 40:55D-70b:
(1) 
Single-family or two-family residential: $100.
(2) 
All others: $250.
[Amended 9-9-2013 by Ord. No. 08-13-23]
A. 
Applications for a conditional use: $200.
B. 
Publication of notice: $100.
C. 
Special meeting fee (if meeting requested by applicant): $500 per special meeting.
D. 
Informal concept plan/sketch plan review:
(1) 
Single-family or two-family residential: $0 for first review; $150 per review thereafter.
(2) 
All other development:
(a) 
Site plan: $250.
(b) 
Subdivision: $300.
(c) 
All applications involving more than 1,000,000 square feet of gross floor area or parcels exceeding 10 acres: $500.
E. 
General development plans pursuant to N.J.S.A. 40:55D-45 and planned developments:
(1) 
Preliminary approval: $500.
(2) 
Final approval: $500.
F. 
Resubmittal of amended application during pendency of an application:
(1) 
Single-family or two-family residential: $100.
(2) 
Multifamily residential: $300.
(3) 
All other applications: $1,000.
G. 
Soil movement applications:
(1) 
Single-family or two-family residential: $100.
(2) 
All other development: $500.
H. 
Extension of approvals:
(1) 
Single-family and two-family residential: $100.
(2) 
All other development: $300.
[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. 
Minor subdivision plat: $1,500.
B. 
Major subdivision plat:
(1) 
Preliminary approval: $3,000, plus $200 per lot.
(2) 
Final approval: $1,000, plus $100 per lot.
C. 
Minor site plan: $2,000.
D. 
Major site plan:
(1) 
Residential:
(a) 
Preliminary: $2,000, plus $100 per dwelling unit.
(b) 
Final: $1,000, plus $50 per dwelling unit.
(2) 
Nonresidential:
(a) 
Preliminary: $3,000 plus $50 per 1,000 square feet of gross floor area.
(b) 
Final: $1,000 plus $50 per 1,000 square feet of gross floor area.
[Amended 12-8-2014 by Ord. No. 11-14-10]
E. 
Use or other variance pursuant to N.J.S.A. 40:55D-70d:
(1) 
Single-family or two-family residential: $1,000 for the first variance plus $200 for each additional variance.
(2) 
All other development: $3,000 for the first variance plus $300 for each additional variance.
F. 
Bulk or other variance pursuant to N.J.S.A. 40:55D-70c:
(1) 
Single-family or two-family residential: $100 for the first variance plus $50 for each additional variance.
(2) 
All other development: $2,000 for the first variance plus $200 for each additional variance.
G. 
Conditional use permit: $500.
H. 
Requests for exceptions pursuant to N.J.S.A. 40:55D-51:
(1) 
Single-family and two-family residential: $200 for the first exception plus $25 for each additional exception.
(2) 
All other development: $1,000 for the first exception plus $100 for additional exception.
I. 
Extension of approvals:
(1) 
Single-family or two-family residential: $100.
(2) 
All others: $1,000.
J. 
Informal concept plan/sketch plat review:
(1) 
Single-family and two-family residential: $0 for first review; $300 per review thereafter.
(2) 
All other applications: $1,500, plus $3,000 for applications involving more than 10 acres or 1,000,000 square feet of gross floor area of development.
K. 
General development plans pursuant to N.J.S.A. 40:55D-45 and planned developments:
(1) 
Preliminary approval: $2,000 plus $20 per acre.
(2) 
Final approval: $2,000 plus $20 per acre.
L. 
Appeals pursuant to N.J.S.A. 40:55D-70a or requests for interpretation of zoning ordinance pursuant to N.J.S.A. 40:55D-70b:
(1) 
Single-family and two-family residential: $300.
(2) 
All others: $2,000.
M. 
Resubmittal of amended application during pendency of application:
(1) 
Single-family and two-family residential: $200.
(2) 
Multifamily residential: $500.
(3) 
Nonresidential: $2,500.
N. 
Soil movement pursuant to § 150-62:
(1) 
Single-family and two-family residential: $0.
(2) 
All others: $2,000.
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.
A. 
This article shall not be effective until approved by COAH, pursuant to N.J.A.C. 5:96-5.1.
B. 
The Township shall not spend development fees until COAH has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and 5:96-5.3.
As used herein, the following terms shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
A development included in the housing element and fair share plan and includes, but is not limited to, an inclusionary development, a municipal construction project or a one-hundred-percent affordable development.
COAH or COUNCIL
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.
DEVELOPMENT FEE
Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with §§ 1, 5 and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
GREEN BUILDING STRATEGIES
Those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
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.
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.
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.