Township of Cinnaminson, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Cinnaminson 4-10-1997 by Ord. No. 1997-2 (Sec. 2.85 of the 1995 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Affordable housing — See Ch. 145.
Construction code fees — See Ch. 265.
Zoning — See Ch. 525.
[Amended 4-20-2005 by Ord. No. 2005-14]
A. 
In accordance with N.J.A.C. 5:94-6.6(a) and (b) of COAH's substantive rules, all new development of residential dwelling units within the Township of Cinnaminson, not exempt from the collection of development fees in accordance with the provisions of this chapter, shall pay to Cinnaminson Township 1.0% of either the equalized assessed value of each housing unit, the coverage amount of the homeowner warranty document of a for-sale unit, or the appraised value on the document utilized for construction financing for a rental unit, provided that no increased density is permitted.
B. 
In the event that an increase in residential density is permitted pursuant to N.J.S.A. 40:55D-70d(5) [known as a "d" variance], the fee shall increase to 6.0% of either the equalized assessed value for each additional unit that is realized, the coverage amount on the homeowner warranty document for each additional for-sale unit, or the appraised value on the document utilized for construction financing for each additional rental unit. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the 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.
[Amended 4-20-2005 by Ord. No. 2005-14]
A. 
In accordance with N.J.A.C. 5:94-6.7(a) and (b) of COAH's substantive rules, all new development of nonresidential buildings and structures, not exempt from the collection of development fees in accordance with the provisions of this chapter, shall pay a fee to Cinnaminson Township of 2.0% of either the equalized assessed value for nonresidential development or the appraised value on the document utilized for construction financing.
B. 
In the event that an increase in floor area is permitted pursuant to N.J.S.A. 40:55D-70d(4) [known as a "d" variance], the fee shall increase to 6.0% on the additional floor area 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 floor area for the purposes of calculating the bonus development fee shall be the highest floor area permitted by right during the two-year period preceding the filing of the variance application.
[Amended 8-19-1998 by Ord. No. 1998-10]
A. 
Except as provided for in N.J.A.C. 5:93-8.10, inclusionary developments shall be exempt from development fees.
B. 
Property owners and/or homeowners that make improvements to existing residential structures shall be exempt from development fees.
C. 
Developers that have received preliminary or final approval prior to the effective date of this chapter shall be exempt from paying a development fee unless the developer seeks a substantial change in the approval.
D. 
Religious organizations that engage in construction activities for religious purposes shall be exempt from paying development fees.
E. 
Public and private nonprofit elementary and secondary schools accredited by the New Jersey Department of Education shall be exempt from paying development fees.
[Added 2-21-2007 by Ord. No. 2007-4]
A. 
Developers shall pay 50% of the calculated development fee to Cinnaminson Township at the issuance of building permits. The development fee shall be estimated by the tax assessor prior to the issuance of building permits.
B. 
Developers shall pay the remaining fee to Cinnaminson Township at the issuance of certificates of occupancy. At the issuance of certificates of occupancy, the Tax Assessor shall calculate the equalized assessed value and the appropriate development fee. The developer shall be responsible for paying the difference between the fee calculated at certificate of occupancy and the amount paid at the issuance of building permit.
C. 
Development fees that are challenged shall be placed in an interest-bearing escrow account by the municipality. If all or a portion of the contested fees are returned to the developer, the accrued interest on the returned amount shall also be returned.
A. 
There is hereby created an interest-bearing trust fund bank account with PNC Bank for the purpose of receiving development fees from residential and nonresidential developers. All development fees paid by developers pursuant to this chapter shall be deposited in this fund. No money shall be expended from the Housing Trust Fund unless the expenditure conforms to a spending plan approved by COAH or the Superior Court, as the case may be.
B. 
If COAH or the Superior Court (as the case may be) determines that Cinnaminson Township is not in conformance with COAH's rules on development fees, COAH or the court are authorized to direct the manner in which all development fees collected pursuant to this chapter shall be expended. Such authorization is pursuant to this chapter, COAH's rules on development fees and the written authorization from the governing body to Susquehanna Bank.
A. 
Money deposited in a Housing Trust Fund may be used for any activity approved by COAH or the Superior Court (as the case may be) for addressing Cinnaminson 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 infrastructure to low- and moderate-income housing sites; and/or assistance designed to render units more affordable to low- and moderate-income households and administrative costs necessary to implement Cinnaminson Township's housing element. The expenditure of all money shall conform to a spending plan approved by COAH and/or the Superior Court.
B. 
At least 30% of the revenues collected shall be devoted to render units more affordable. Examples of such activities include, but are not limited to, down payment assistance, low-interest loans and rental assistance.
C. 
No more than 20% of the revenues shall be expended on administrative costs necessary to develop, revise or implement the housing element. Examples of eligible administrative activities include personnel, consultant services, space costs, consumable supplies and rental or purchase of equipment.
D. 
Development fee revenues shall not be expended to reimburse Cinnaminson Township for housing activities that preceded substantive certification by COAH or the issuance of a final order of repose by the Superior Court. Development fees may be used to reimburse the Township for the outlay of funds or bonding for current housing activities prior to the collection of development fees.
This chapter permitting the collection of development fees shall expire as a result of any of the following:
A. 
An action of the court with jurisdiction or COAH's dismissal or denial of a petition for substantive certification.
B. 
An action by the court with jurisdiction or COAH's revocation of either substantive certification or its certification of this chapter.
C. 
The expiration of the time defined by a judgment of repose or substantive certification unless the Township has filed an adopted housing element with COAH; petitioned for substantive certification; and received COAH's approval of its Development Fee Ordinance.
[Added 4-20-2005 by Ord. No. 2005-14]
All references to COAH's second-cycle rules codified at N.J.A.C. 5:93 in this chapter are modified to refer to and incorporate COAH's third-cycle rules codified at N.J.A.C. 5:94 and specifically Subchapter 6 thereof (N.J.A.C. 5:94-6.1 et seq.), and all regulations and requirements contained therein are incorporated by reference herein as if set forth herein at length in the event of any inconsistency.