A.
Final approval prerequisites. Prior to the granting of final approval of any subdivision or cluster development and prior to the issuance of any building permits for any land use, including land uses which require site plan approval pursuant to this chapter and any residence or other use of property on an unimproved street or where any off-tract improvements have not been installed, the developer shall pay his pro rata share of the cost of providing any reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the development but necessitated or required by construction or improvements within the development. All payments shall be in the manner provided in Subsection C, below, it being the intent of this subsection that the developer bear that portion of the cost which bears a rational basis to the needs created by the development and/or benefits conferred upon such development.
B.
Improvements required. Off-site and off-tract improvements
shall include the following:
(1)
All improvements of the types described in § 130-96 for on-site installation, where the need for the providing of such improvements off site or off tract is, in whole or in part, made necessary by the proposed development application of the developer and where the making of such improvements will confer a benefit upon the developer's lands which are the subject of the development application.
(2)
Any improvement or facility, the installation of which is required in the public interest and the public need for which would not arise but for the improvement of the lands which are the subject of the development application and the installation of which would confer a benefit upon the developer's lands which are the subject of the development application. In addition to improvements of the type described in § 130-96 and referred to in Subsection B(1) above, improvements required to maintain a safe flow of vehicular and pedestrian traffic are specifically declared to be necessary in the public interest
(3)
The installation of new or the extension or modification
of existing improvements made necessary in whole or in part by the
development application which will be benefited by the improvement.
C.
Developer's share of cost for improvements not installed
by him. In the event that the developer shall not be required to install
off-site or off-tract improvements by virtue of the provisions of
this chapter, then and in that event, there shall be paid to the Township
Treasurer the amount of the developer's share of the finally determined
cost of the off-site or off-tract improvement. All moneys received
by the Township in accordance with the provisions of this subsection
shall be deposited in an interest-bearing account, and such funds
shall be used only for the improvements for which they are deposited
or improvements serving the same purpose. If the improvements are
not initiated within a period of 10 years from the date of payment
or other mutually agreeable period of time, all deposited funds shall
be returned to the developer, together with accumulated interest.
D.
Cost allocation.
(1)
Full allocation. In cases where off-tract improvements
are necessitated by the proposed development and where no other property
owner(s) receive(s) a special benefit thereby, the applicant may be
required, at his sole expense and as a condition of approval, to provide
and install such improvements.
(2)
Proportionate allocation. Where it is determined that
properties outside the development will also be benefited by the off-tract
improvement, the allocation formulas shall be utilized in determining
the proportionate share of the cost of such improvements to the developer.
(3)
Predetermined allocation. In some cases, where the
nature of the improvement makes it difficult to determine the extent
of cost of the improvement or its allocation to a specific project,
the Township Council may enact by ordinance specific predetermined
assessments.
[Amended 10-18-1988 by Ord. No. 88-83; 1-31-1989 by Ord. No. 89-10]
In all major subdivisions and residential site plans, the developer shall reserve an area as specified in § 130-61 for recreational purposes. The developer shall improve this area for active and passive recreation. Plans for the improvement of this recreation area shall be an integral element of any preliminary plat and final construction drawings for any major subdivision or residential site plan, including the requirements of § 130-51. The developer shall have the option to post an off-tract assessment in the amount of $750 per lot or unit to be used for the construction of recreational facilities within the Township or provide services or property equal to said amount.
A.
The Township shall ascertain in each drainage instance
the drainage area of which the specific subdivision is a part and
shall apportion the fair costs of adequate drainage for the whole
drainage area among the landowners who contribute to or who will contribute
to the stormwater runoff if the subdivision is approved.
B.
Each applicant for a subdivision requiring provisions
for overall drainage of stormwater runoff shall install an adequate
drainage system in the specific subdivision and shall also pay in
cash to the Township for the fair cost so apportioned to the specific
subdivision for the ultimate disposal of the stormwater runoff to
such ultimate adequate outlet for final disposal as aforesaid. Each
payment made to the Township shall be held by it in trust until the
overall ultimate disposal system is constructed for the drainage area
in question, at which time the trust funds raised for that drainage
area may be used for such construction in and for that area.
C.
The applicant's proportionate share of stormwater
and drainage improvements, including the installation, relocation
or replacement of storm drains, culverts, catch basins, manholes,
riprap, improved drainage ditches and appurtenances thereto and relocation
or replacement of other storm drainage facilities or appurtenances
associated therewith, shall be determined as follows:
(1)
The capacity and the design of the drainage system to accommodate stormwater runoff shall be based on the standards specified in Article XII of this chapter, computed by the developer's engineer and approved by the Municipal Engineer.
(2)
The capacity of the enlarged, extended or improved
system required for the subdivision and areas outside of the developer's
tributary to the drainage system shall be determined by the developer's
engineer, subject to approval of the Municipal Engineer. The plans
for the improved system shall be prepared by the developer's engineer
and the estimated cost of the enlarged system calculated by the Municipal
Engineer. The prorated share for the proposed improvement shall be
computed as follows:
|
Total cost of enlargement or improvement
|
Capacity of enlargement or improvement (total
capacity expressed in cubic feet per second)
| ||
|
|
=
|
| |
|
Developer's Cost
|
Development-generated peak rate of runoff, expressed
in cubic feet per second, to be accommodated by enlargement or improvement
|
D.
In all major subdivisions, the developer shall be
required to post an off-tract assessment in the amount of $500 per
lot to be used for the purchase of stormwater collection and disposal
system maintenance equipment to be used in the area containing the
subdivision.
An applicant for a subdivision within the Township
of Stafford shall be responsible for the payment of all costs associated
with the revisions to the Township Tax Maps in regard to such subdivision.
The applicant, upon receiving final subdivision approval, shall post
with the Township an amount equal to the estimated cost of revising
the Township Tax Maps to conform to the subdivision approval for the
applicant's project. The Township Engineer shall provide the estimated
cost for revising the Tax Maps to the applicant upon the applicant's
request, The applicant shall post said estimated cost with the Township
prior to the issuance of the building permit for the subject subdivision.
The estimated cost paid by the applicant shall be held in an escrow
account. That portion of the estimated cost which remains unused after
the Tax Maps have been revised shall be returned to the applicant.
The applicant shall be responsible for payment for any legal or engineering
fees incurred in regard to the revision of the Tax Maps and shall
be responsible for any costs so incurred which are in excess of the
estimated cost which was paid by the applicant and is held in escrow
by the Township.
[Added 7-2-2002 by Ord. No. 2002-48]
A.
Purpose. The purpose of the mandatory development
fee is to provide funding for the Township's housing element and fair
share plan approved by the governing body of the Township.
B.
Definitions.
(1)
AFFORDABLE
COUNCIL or COAH
EQUALIZED ASSESSED VALUATION
INCLUSIONARY DEVELOPMENT
MANDATORY DEVELOPMENT FEE
MANDATORY FEE ORDINANCE
The following words used in this section are
intended to have the same meaning as given to them by the New Jersey
Supreme Court in the Mount Laurel II decision and as clarified or
otherwise modified by subsequent decisions, if any, by a court of
competent jurisdiction, and by the New Jersey Council on Affordable
Housing in N.J.A.C. 5:93-1.3, if applicable:
A sales price or rent within the means of a low- or moderate-income
household as defined in N.J.S.A. 5:93-7.4.
The New Jersey Council on Affordable Housing.
The value of property determined by the Municipal Tax Assessor
through a process designed to ensure that all property in the municipality
is assessed at the same assessment ratio or ratios as required by
law. Estimates at the time of issuance of a building permit may be
obtained by the Tax Assessor utilizing estimates for construction
cost. Final equalized assessed value will be determined at project
completion by the Municipal Tax Assessor.
A residential development in which a substantial percentage
of the housing units is provided for a reasonable range of low- and
moderate-income households.
A fee paid pursuant to a mandatory fee ordinance.
An ordinance which prohibits development pursuant to an existing
permitted use in the Zoning Ordinance without compelling the affected
developer to contribute monies to the municipality's affordable housing
trust fund.
(2)
SUBSTANTIVE CERTIFICATION
All other terms contained herein shall be as set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., Chapter 130, Land Use Development, and Chapter 211, Zoning, of the Township Code.
A determination by COAH approving a municipality's housing
element and fair share plan in accordance with the provisions of the
Fair Housing Act[1] and the rules and criteria as set forth herein. A grant
of substantive certification shall be valid for a period of six years
in accordance with the terms and conditions therein.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et
seq.
C.
Residential development fees.
[Amended 2-15-2005 by Ord. No. 2005-8]
(1)
Except as otherwise provided in this section,
all residential developers shall pay a mandatory development fee equal
to 1% of the equalized assessed valuation for each residential unit
constructed. This mandatory fee shall be calculated as follows: 0.01
x equalized assessed valuation x number of units.
(2)
If a "d" variance is granted by the Stafford
Township Zoning Board of Adjustment, pursuant to N.J.S.A. 40:55D-70d(5),
then the additional residential units realized (above what is permitted
by right under the existing zoning) will incur a bonus development
fee of 6% rather than a development fee of 1%. However, if the zoning
on a site has changed during the last two-year period preceding the
filing of the "d" variance application, the base density for the purposes
of calculating the bonus development fee shall be the highest density
permitted by right during the two years preceding the filing with
the Stafford Township Zoning Board of Adjustment of the "d" variance
application.
D.
Nonresidential development fees.
[Amended 2-15-2005 by Ord. No. 2005-8]
(1)
For all nonresidential developments, a mandatory
development fee shall be paid equal to 2% of the total equalized assessed
valuation of the nonresidential development where the valuation of
the development is greater than $25,000. This mandatory fee shall
be calculated as follows: 0.02 x total equalized assessed valuation.
(2)
If a "d" variance is granted by the Stafford
Township Zoning Board of Adjustment, pursuant to N.J.S.A. 40-55D-70d(4),
then the additional floor area ratio (FAR) realized (above what is
permitted by right under the existing zoning) will incur a bonus development
fee of 6% rather then a development fee of 2%. However, if the zoning
on the site has changed during the two-year period preceding the filing
of the "d" variance application, the base floor area for the purposes
of calculating the bonus development fee shall be the highest permitted
by right during the two years preceding the filing of the Stafford
Township Zoning Board of Adjustment of the "d" variance application.
E.
Timing of payments.
(1)
Fifty percent of the total mandatory development
fee owed to Stafford Township, whether for residential or nonresidential
development, shall be paid prior to the issuance of any building permit
required in connection with the development and shall be calculated
as follows:
(a)
For residential developments, the fifty-percent
payment required prior to the issuance of any building permit shall
be calculated using an estimated equalized valuation of each residential
unit as determined by the Municipal Tax Assessor.
(b)
For nonresidential developments, the fifty-percent
payment required prior to the issuance of any building permit shall
be calculated using an estimated total equalized assessed valuation
of the nonresidential development as determined by the Municipal Tax
Assessor.
(2)
The remaining portion of the development fee
shall be paid prior to the issuance of any certificate of occupancy
for any development or any part thereof, whether residential or nonresidential,
and shall be calculated using the actual assessed valuation of the
development as determined by the Municipal Tax Assessor.
(3)
Because the initial payment required prior to
the issuance of a building permit is calculated using an estimated
assessed valuation based on estimates for construction costs, the
following adjustments are permitted to compensate for differences
between the estimated assessed valuation and the actual assessed valuation:
(a)
If the estimated assessed valuation used to
calculate the initial fifty-percent payment was overestimated or underestimated,
causing the actual assessed valuation to be less than or greater than
the estimated assessed valuation used to calculate the initial fifty-percent
payment, the developer's certificate of occupancy payment shall be
equal to the difference between the actual assessed valuation and
the initial fifty-percent payment as determined by the Municipal Tax
Assessor.
F.
Exemptions, eligible exactions and ineligible exactions.
(1)
Inclusionary developments, as defined herein,
are exempt from development fees.
(2)
Developments that have received preliminary
or final approval, prior to the effective date of this section, are
exempt from development fees during the effective period of said approval,
unless the developer seeks a substantial change in the approvals granted.
(3)
Low- and moderate-income dwelling units shall
be exempt from paying development fees.[2]
[2]
Editor's Note: Former Subsection F(4), regarding
development fees for development that expands an existing structure,
which subsection immediately followed this subsection, was repealed
2-15-2005 by Ord. No. 2005-8.
(4)
Nonprofit developers of affordable housing units shall be exempt
from paying affordable housing development fees when building housing
for low- and moderate-income households.
[Added 12-27-2012 by Ord. No. 2012-37]
(5)
Any alteration or reconstruction of an existing home, including
the raising of an existing home, as a result of a fire, flood or natural
disaster shall be exempt from paying affordable housing development
fees.
[Added 12-27-2012 by Ord. No. 2012-37]
G.
Housing trust fund.
(1)
All mandatory development fees collected pursuant
to this section shall be deposited in the interest bearing escrow
account entitled the "Affordable Housing Trust Fund: Mandatory Fee
Account."
(2)
If COAH determines that Stafford Township's
spending is not in conformance with COAH's rules on development fees,
COAH shall direct the manner in which all development fees collected
pursuant to this section shall be expended.
[Amended 12-3-2002 by Ord. No. 2002-93]
H.
Use of funds.
(1)
Money deposited in a housing trust fund may
be used for any activity approved for addressing the Township's low-
and moderate-income housing obligation. Such activities may include,
but are not necessarily limited to: housing rehabilitation; new construction;
regional contribution agreements; the purchase of land for low- and
moderate-income housing; extensions and/or improvements of roads and
infrastructures to low- and moderate-income housing sites; assistance
designed to render units to be more affordable to low- and moderate-income
people; and administrative costs necessary to implement the Township's
housing element. The expenditure of all money shall conform to the
approved spending plan.
(2)
Unless specifically waived, not less than 30%
of the revenues collected from development fees collected pursuant
to this section shall be devoted to rendering existing units more
affordable to low- and moderate-income households by funding such
activities as down payment assistance, low-interest loans and rental
assistance.
(3)
No more than 20% of the revenues collected from
development fees collected pursuant to this section shall be devoted
to administrative expenses incurred by the Township in addressing
its fair share obligation.
[Amended 10-18-1988 by Ord. No. 88-83]
For major subdivisions and for site plans with
parking for more than 10 vehicles, the applicant shall be responsible
for off-tract circulation improvements. The applicant's proportionate
share of street improvements, alignments, channelization, barriers,
new or improved traffic signalization, signs, curbs, sidewalks, trees,
utility improvements uncovered elsewhere, the construction or reconstruction
of new or existing streets and other associated street or traffic
improvements shall be as follows:
A.
The applicant shall submit with his application a
traffic study, which shall include the anticipated off-tract impacts
of the project, proposed improvements to remedy the effects of these
anticipated impacts and the existing and reasonably anticipated future
peak hours for the off-tract improvements.
B.
The applicant shall furnish a plan for the proposed
off-tract improvement, which shall include the estimated peak-hour
traffic generated by the proposed development and the proportion thereof
which is to be accommodated by the proposed off-tract improvement.
The ratio of the peak-hour traffic generated by the proposed development
which is to be accommodated by the off-tract improvement to the future
additional peak-hour traffic anticipated to impact the proposed off-tract
improvement shall form the basis of the proportionate share. The proportionate
share shall be computed as follows:
|
Total cost of enlargement or improvement
|
Capacity of enlargement or improvement (peak-hour
traffic)
| ||
|
|
=
|
| |
|
Developer's cost
|
Development peak-hour traffic to be accommodated
by the enlargement or improvement
|
