Borough of Carteret, NJ
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2020-12-30
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Part II, General Legislation
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Chapter 160 Land Development
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Article VIA Development Impact Fees
- Part I, Administrative Legislation
- Ch 1 General Provisions
- Ch 4 Administration of Government
- Ch 7 Aging, Office on
- Ch 9 Borough Property
- Ch 12 Commendation Committees
- Ch 15 Community Development Board
- Ch 16 Cultural and Arts Committee
- Ch 17 Disabled, Office for the
- Ch 18 Environmental Committee
- Ch 19 Emergency Medical Services
- Ch 19A Emergency Services
- Ch 20 Ethics, Code of
- Ch 25 Fire Department
- Ch 27 Historical Committee
- Ch 28 Human Relations Commission
- Ch 30 Handicapped, Board for the
- Ch 35 Mutual Aid
- Ch 38 Personnel Policies
- Ch 42 Police Department
- Ch 43 Port Authority, Municipal
- Ch 45 Purchasing
- Ch 47 Recreation Commission
- Ch 48 Redevelopment Agency
- Ch 50 Suggestion Award Committee
- Ch 52 Tax Map, Official
- Ch 55 Zone Development Corporation
- Part II, General Legislation
- Ch 60 Advertising Materials
- Ch 64 Air Pollution Control
- Ch 68 Alarm Systems
- Ch 71 Alcoholic Beverages
- Ch 75 Amusement Games
- Ch 80 Barbershops
- Ch 83 Bicycles
- Ch 85 Bingo and Raffles
- Ch 89 Brush, Grass and Weeds
- Ch 91 Building Permits
- Ch 92 Buildings, Numbering of
- Ch 93 Housing Standards; Unsafe and Abandoned Buildings
- Ch 95 Business Hours
- Ch 99 Certificates of Habitability
- Ch 101 (Reserved)
- Ch 105 Circuses, Carnivals and Other Entertainment
- Ch 107 Community Center
- Ch 109 Construction Codes, Uniform
- Ch 111 Contracts
- Ch 113 Cranes
- Ch 114 Dance Halls
- Ch 118 Dogs and Other Animals
- Ch 121 Drugs and Drug Paraphernalia
- Ch 124 Electrical Standards
- Ch 126 Entertainment, Public
- Ch 127 Fees
- Ch 127A Fertilizer
- Ch 128 Fire Prevention
- Ch 132 Flood Damage Prevention
- Ch 137 Garbage, Rubbish and Refuse
- Ch 140 Graffiti
- Ch 142 Hazardous Materials, Transportation of
- Ch 146 Home Improvement Contractors
- Ch 149 (Reserved)
- Ch 151 Insurance
- Ch 152 Internet Page
- Ch 154 Junkyards and Junk Dealers
- Ch 160 Land Development
- Ch 160 Art VIA Development Impact Fees
- § 160-46.3 Purpose.
- § 160-46.4 Impact fees.
- Ch 163 Lighting
- Ch 164 Licensing Procedures
- Ch 165 Littering
- Ch 168 Peace and Good Order
- Ch 172 Noise
- Ch 176 Parental Responsibility
- Ch 179 Parking
- Ch 182 Parks
- Ch 183 Open Space Trust Fund
- Ch 186 Peddling and Soliciting
- Ch 189 Political Fund-Raising
- Ch 191 Poolrooms and Billiard Parlors
- Ch 193 Pornography
- Ch 195 Precious Metals and Gems, Sale of
- Ch 198 Property Maintenance
- Ch 202 Recycling
- Ch 203 Redevelopment Plans
- Ch 204 Rooming and Boarding Houses
- Ch 206 Security Screens
- Ch 207 Sewers
- Ch 208 Sex Offenders
- Ch 209 Shopping Carts
- Ch 210 Shopping Centers
- Ch 211 Skateboards
- Ch 212 Smoking
- Ch 215 Solid Fuel, Sale of
- Ch 217 Special Improvement District
- Ch 218 Spills, Liquid
- Ch 219 Steep Slopes
- Ch 220 Storm Sewers
- Ch 222 Streets and Sidewalks
- Ch 226 Surface Water Control
- Ch 229 Swimming Pools
- Ch 232 Taxation
- Ch 235 Taxicabs and Limousines
- Ch 238 Towing and Storage
- Ch 240 Tractor Trailers
- Ch 243 Trailer Parks
- Ch 246 Trees and Shrubs
- Ch 249 Trucks, Unattended
- Ch 254 Vehicles and Traffic
- Ch 258 Vehicles, Unlicensed
- Ch 263 Waterfront, Maintenance of
- Ch 264 Waterfront Park
- Ch 266 Weapons
- Ch 270 (Reserved)
- Part III, Board of Health
- Ch 277 General Provisions, Board of Health
- Ch 280 Barbershops
- Ch 283 Brush, Grass and Weeds
- Ch 287 Dogs
- Ch 290 Dry-Cleaning Establishments
- Ch 294 Fees, Licenses and Permits
- Ch 297 Food and Beverage Vending Machines
- Ch 300 Garbage, Rubbish and Refuse
- Ch 304 Housing Standards
- Ch 308 Nuisances, Public Health
- Ch 312 Poultry
- Ch 316 Rendering Plants
- Ch 320 Sanitation
- Ch 323 Sewage Disposal Systems, Individual
- Ch 327 Surface Water Control
- Ch 330 Swimming Pools
- Ch 339 Vendors, Frozen Confection
- Ch 342 Water Supply, Individual and Semipublic
- Appendix
- Ch A345 Cable Television Franchise
- Disposition List
- Ch DL Disposition List
[Added 10-2-2003 by Ord. No. 03-44]
The purpose of this article is to establish
regulations pursuant to which a developer, as a condition for approval
of a subdivision and/or site plan, shall pay a pro rata share of the
cost of providing reasonable and necessary street improvements and
water, sewerage and drainage facilities, and easements therefor, and
provide for open space and park improvements, located off-tract but
necessitated or required by construction or improvements within the
subdivision or development.
A.
To the fullest extent permitted by New Jersey law,
presently or as may be amended and supplemented from time to time,
and whenever the Borough can fairly and reasonably establish, based
upon appropriate traffic and utility service analyses, plans or studies
and open space or park improvement plans, the proportionate or pro
rata amount of the cost of the aforementioned facilities that shall
be borne by each developer or owner within a related and common area
as provided for herein, the developer or owner shall pay said cost
as a condition of approval up to the following amounts:
[Amended 1-25-2007 by Ord. No. 07-05]
(1)
Each square foot of new construction of warehouse
space shall be assessed an impact fee of $2.25.
(2)
Each square foot of new construction of retail,
commercial and/or other industrial space shall be assessed an impact
fee of $3.25.
(3)
Each square foot of new construction of residential
space shall be assessed an impact fee of $2.
(4)
Construction of new tanks above or below grade of any gallon size
shall be assessed an impact fee of $0.10/gallon. Single- and multifamily
homes shall be exempt.
[Added 8-6-2009 by Ord. No. 09-11]
B.
The foregoing amounts shall apply to each square foot
of lot coverage only and shall not be required for additions to existing
owner-occupied residential dwellings unless said addition increases
the total square footage of lot coverage by the dwelling by more than
50%.
C.
Where a developer or owner pays under protest the
amount determined to be his/her/its pro rata share as provided for
herein, he/she/it shall institute legal action within one year of
such payment in order to preserve the right to a judicial determination
as to the fairness and reasonableness of such amount.
D.
The provisions of this article notwithstanding, nothing
herein shall prevent a developer or owner from voluntarily agreeing
to pay, and the Borough agreeing to accept, an amount, either by way
of direct contribution or in-kind services, that the developer or
owner agrees reflects the pro rata or proportionate share of the cost
of providing reasonable and necessary off-tract improvements or facilities
required by the construction or improvements to be approved pursuant
to a respective development application. In such a case, the Borough
and developer or owner may enter into a developer's agreement that
provides for said direct payment or in-kind services in lieu of any
contribution provided for pursuant to the provisions of this article.
In addition, the Borough may waive the requirements of this article
for any duly authorized redevelopment project.
