[Amended 12-5-2011 by Ord. No. 2011-27]
This chapter establishes all application fees, escrow deposits and deposits for inspection fees required in connection with any application under Chapter
91, Site Plan Approval, Chapter
100, Subdivision of Land, and/or Chapter
110, Zoning, of the Delanco Township Code.
A. The application fees set forth below are designed to cover the administrative
costs incurred by the Township to process applications. They are nonrefundable
in nature and they are a set predetermined amount.
B. Escrow deposits are designed to pay the cost of professional review
by the reviewing agency engineer, attorney, planner and other professionals
employed by the reviewing agency to review and make recommendations
on applications for development. The escrow deposits specified below
are merely estimates of the total cost of such professional review
for each step of the approval process. Escrow deposits must be posted,
together with the corresponding application fee, prior to consideration
of the application for development by the reviewing agency or its
staff.
C. All on- and off-tract improvements required to be installed in connection
with an application for development must be inspected by the Township
Engineer. Inspection fees are designed to cover the cost of those
inspections.
[Added 12-5-2011 by Ord. No. 2011-27]
When the application and plans are submitted to the administrative
officer, applicants shall be required to execute an escrow agreement,
the form and content of which shall be determined by the reviewing
agency. The escrow agreement shall contain such terms as the reviewing
agency finds are reasonable, necessary or convenient to carry out
the intent and purpose of this chapter; shall provide for compliance
by the reviewing agency with the requirements of N.J.S.A. 40:55D-53.1
and shall contain provisions ensuring the following:
A. That the applicant shall pay all reasonable and necessary costs incurred
by the reviewing agency for the technical and professional staff review
of the application for development.
B. In the event that more than the sums specified below are required
to pay the reasonable costs of such technical and professional review,
the applicant shall pay all such additional required sums in full.
C. If the applicant, or any individual, corporation or partnership listed
on the applicant's corporate/partnership disclosure statement
has an outstanding unpaid balance from a prior application, that outstanding
unpaid balance must be paid in full before the new application will
be heard.
D. Before proceeding with the next step in the approval process, applicants
must pay all outstanding unpaid professional review fees incurred
by the reviewing agency in the preceding step of the approval process.
E. The administrative officer shall track the balances in all escrow
accounts and, when additional funds are required, the administrative
officer shall notify the applicant of the amount needed to pay current
plus reasonably anticipated future professional review fees.
F. If an applicant's escrow account contains insufficient funds
to pay current plus reasonably anticipated additional professional
review fees, the reviewing agency will conduct no further hearings
on the application until the applicant replenishes the escrow account
as directed by the administrative officer.
G. That the failure to replenish the escrow account as directed will
constitute and be deemed a consent to an extension of time for Board
action. Failure to pay within 60 days of demand will result in the
application being dismissed without prejudice.
H. That payment of disputed professional review fees is not a waiver
of the applicant's right to challenge the reasonableness of such
fees and that the procedure established by N.J.S.A. 40:55D-53.2 shall
be the exclusive method of challenging the reasonableness and/or the
necessity of disputed professional review fees.
I. Should a positive balance remain in the applicant's escrow account
after the project is complete and all invoices are submitted, the
remaining balance will be returned to the applicant by the administrative
officer upon written request.
[Amended 12-4-1989 by Ord. No. 12-1989; 1-19-1998 by Ord. No.
1-1998; 11-16-1998 by Ord. No. 14-1998; 10-16-2000 by Ord. No.
13-2000; 12-19-2005 by Ord. No. 2005-33; 12-5-2011 by Ord. No.
2011-27]
A. Application fees and escrow deposits shall be paid to the Township
of Delanco in accordance with the following schedule:
[Amended 9-23-2019 by Ord. No. 2019-22]
Delanco Township Fee Schedule
Separate checks must be submitted made payable to the
"Township of Delanco."
|
---|
Application Type
|
Application Fee
(nonrefundable)
|
Escrow Fee
(initial)
|
---|
Variances
|
|
|
"a" Variance (appeal)
|
$100
|
$500
|
"b" Variance (interpretation)
|
$100
|
$500
|
"c" Variance (bulk)
|
$100
|
$500
|
"d" Variance (use)
|
$250
|
$1,500
|
Build on lot not fronting on street
|
$100
|
$500
|
NOTE: If an application requires more than one type of variance,
the applicant shall pay the fees required for each type requested.
For fee and escrow purposes, all "c" variances requested shall be
considered one variance request.
|
Miscellaneous
|
|
|
Administrative review
|
$100
|
None
|
Informal review
|
$150
|
None
|
Certificate of nonconformity
|
$250
|
$1,500
|
Zoning inquiry
|
No charge
|
None
|
Zoning permit (per § 10-7)
|
$25
|
None
|
NOTE: The administrative review application fee will be applied
to the appropriate Joint Land Use Board application fee if it is determined
that the applicant must go before the Board.
|
Subdivision plans
|
|
|
Minor subdivision plan
|
$250
|
$500/lot
|
Preliminary major subdivision plan
|
$300
|
$250/lot, minimum $2,000
|
Final major subdivision plan
|
$300
|
$125/lot, minimum $1,000
|
Extension of preliminary or final subdivision approval
|
$100
|
$500
|
Amended subdivision plan
|
Original fee
|
Original fee
|
Revised subdivision plan
|
50% of original fee
|
50% of original fee
|
NOTE: Revised subdivision plan fees shall be charged when development
plans are classified as incomplete for any reason. Such fees shall
not be required when revised plans are submitted in response to comments
from Board members, Board professionals or members of the public during
a hearing or to satisfy a condition of approval required by the Joint
Land Use Board.
|
Site plans
|
|
|
Minor site plan
|
$200
|
$1,000
|
Site plan waiver
|
$200
|
$1,000
|
Preliminary major site plan, residential
|
|
|
|
Up to 50 units
|
$300
|
$2,500
|
|
51 to 100 units
|
$300
|
$3,500
|
|
101 to 500 units
|
$300
|
$5,000
|
|
501 units or greater
|
$300
|
$10,000
|
Preliminary major site plan, nonresidential
|
|
|
|
Under 5,000 square feet of building space
|
$300
|
$2,500
|
|
From 5,001 square feet to 10,000 square feet
|
$300
|
3,500
|
|
From 10,001 square feet to 50,000 square feet
|
$300
|
$5,000
|
|
50,001 square feet or greater
|
$300
|
$10,00
|
Final major site plan, residential or nonresidential
|
$300
|
$2,500
|
Extension of preliminary or final site plan approval
|
$100
|
$500
|
Amended site plan
|
Original fee
|
Original fee
|
Revised site plan
|
50% of original fee
|
50% of original fee
|
NOTE: Revised site plan fees shall be charged when development
plans are classified as incomplete for any reason. Such fees shall
not be required when revised plans are submitted in response to comments
from Board members, Board professionals or members of the public during
a hearing or to satisfy a condition of approval required by the Joint
Land Use Board.
|
Certified list of property owners
|
$10 for 40 items or less, $0.25 for each item over 40
|
None
|
B. The administrative officer is hereby authorized to exercise his or
her discretion to establish an application fee and an escrow deposit
if the project is of a nature not expressly included in one of the
aforementioned categories. All applications shall be deemed incomplete
until the applicant's application fees and escrow deposits have
been paid in full.
C. Where one application for development includes several approval requests,
the total sum of all of the individual required application fees and
escrow deposits shall be paid.
D. Each applicant for preliminary or final subdivision or site plan
approval (or waiver) shall agree, in writing, to pay all reasonable
costs for professional review of the application and for inspection
of the improvements required by the Board. Such costs must be paid
in full before any approval shall take effect or construction permits
are issued.
E. Application fees and escrow deposits must be submitted in separate
checks payable to the Township of Delanco, and submitted to the administrative
officer. The Township Chief Financial Officer shall deposit the escrow
funds into a developer's escrow account, and the application
fees into the Township's general account.
F. The applicant shall pay all professional fees and other costs incurred
by the Township as a result of a special Board meeting held at the
applicant's request or with the applicant's approval.
[Added 12-5-2011 by Ord. No. 2011-27]
The following is the exclusive method of challenging the reasonableness
and/or the necessity of disputed professional review fees. An applicant
who wishes to dispute charges made by a professional for services
rendered in reviewing an application for development, in preparation
of documents, inspecting an improvement or any other charges made
pursuant to the provisions of the MLUL must pay the disputed fees
"under protest," continue to pay additional fees pursuant to this
escrow agreement and take the following steps:
A. The applicant shall notify the Township Committee, in writing, that
he disputes the charges. Copies of the complaint shall be sent to
the Township's Chief Financial Officer, the Board Secretary and
the professional whose charges are disputed.
B. The Township Committee, or its designee, shall attempt to mediate
the dispute.
C. If the dispute is not resolved to the satisfaction of the applicant,
he may appeal to the County Construction Board of Appeals.
D. The appeal shall be in writing. The original shall be submitted to
the County Construction Board of Appeals with copies to the Township's
Chief Financial Officer, the Board Secretary and the professional
whose charges are disputed.
E. Appeals to the County Construction Board of Appeals must be filed
within 45 days of the applicant's receipt of the informational
copy of the professional's voucher. If the professional has not
supplied the applicant with an informational copy of his voucher,
then the appeal must be filed within 60 days of the applicant's
receipt of the statement of activity against the applicant's
escrow account.
F. An applicant may also appeal an ongoing series, or pattern, of excessive
and/or inaccurate charges by a professional during a period not to
exceed six months. An applicant appealing under this provision need
not appeal each charge individually.
G. If the County Construction Board of Appeals hears the appeal, it
may approve, disapprove, or modify the professional charges appealed
as provided in Section 53.2a, Subdivision b.
H. During the pendency of any appeal, the Township or approving authority
shall continue to process, hear, and decide the application for development,
and to inspect the development in the normal course, and shall not
withhold, delay, or deny reviews, inspections, signing of subdivision
plats or site plans, the reduction or the release of performance or
maintenance guarantees, the issuance of construction permits or certificates
of occupancy, or any other approval or permit because an appeal has
been filed or is pending. The Chief Financial Officer may pay charges
out of the appropriate escrow account or deposit for which an appeal
has been filed. If a charge is disallowed after payment, the Chief
Financial Officer shall reimburse the escrow account in the amount
of any such disallowed charge or refund the amount to the applicant.
If a charge is disallowed after payment to a professional or consultant
who is not an employee of the Township, the professional consultant
shall reimburse the Township in the amount of any such disallowed
charge.
[Added 12-5-2011 by Ord. No. 2011-27]
Except as otherwise set forth herein, all interest earned on
money deposited pursuant to this agreement shall become the property
of the Township as compensation for administrative services rendered
in connection with this agreement. An applicant shall only be entitled
to payment of interest whenever the applicant shall have deposited
money in excess of $5,000 and the amount of interest paid on that
money shall 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 the applicant by the Township 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 Township may retain
for administrative expenses a sum no more than 1/3 of that entire
amount, which shall be in lieu of all other administrative and custodial
expenses.
[Added 12-5-2011 by Ord. No. 2011-27]
Except in extraordinary circumstances, the developer shall make
an initial deposit toward the total cost of inspection fees in an
amount of $500 or 5% of the cost of required improvements, whichever
is greater, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.
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 the 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 Township Engineer for inspections, 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 the developer shall
be 25% 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 inspections, the developer shall make additional
deposits of 25% of the reasonably anticipated fees. The Municipal
Engineer shall not perform any inspection if sufficient funds to pay
for those inspections are not on deposit.
[Added 10-6-1997 by Ord. No. 12-1997; amended 1-24-2005 by Ord. No.
2005-4; 11-10-2008 by Ord. No. 2008-12]
A. Purpose.
(1) 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.
(2) Pursuant to P.L. 2008, c. 46, Section 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 N.J.S.A. 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 court of competent jurisdiction and
have a COAH-approved spending plan may retain fees collected from
nonresidential development.
(3) This section establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to COAH's regulations
and in accordance P.L. 2008, c. 46, Sections 8 and 32 through 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.
B. Basic requirements.
(1) This section shall not be effective until approved by COAH pursuant
to N.J.A.C. 5:96-5.1.
(2) Delanco 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 N.J.A.C. 5:96-5.3.
C. Definitions. The following terms, as used in this section, 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 THE 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
consideration in the state.
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.
DEVELOPMENT FEE
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.
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 Sections 1,
5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through N.J.S.A.
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.
D. Residential development fees.
(1) Imposed fees.
(a)
Within all residential zoning districts, residential developers,
except for developers of the types of development specifically exempted
below, shall pay a fee of 1 1/2% of the equalized assessed value
for residential development, provided that no increased density is
permitted.
(b)
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 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 could equal 1% 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 that zoning
on the site has not changed during the two-year period preceding the
filing of such a variance application.
(2) Eligible exactions, ineligible exactions and exemptions for residential
development.
(a)
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.
(b)
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.
(c)
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.
(d)
Developers of residential structures demolished and replaced
as a result of fire damage, flood or similar natural disaster shall
be exempt from paying a development fee.
E. Nonresidential development fees.
(1) Imposed fees.
(a)
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.
(b)
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.
(c)
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 a 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.
(2) Eligible exactions, ineligible exactions and exemptions for nonresidential
development.
(a)
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.
(b)
The fee of 2.5% shall not apply to an increase in equalized
assessed value resulting from alterations, change in use within the
existing footprint, reconstruction, renovations and repairs.
(c)
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 Certification/Exemption"
form. Any exemption claimed by a developer shall be substantiated
by that developer.
(d)
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 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.
(e)
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 Delanco Township as a lien against the real
property of the owner.
F. Collection procedures.
(1) 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. For nonresidential developments, the
developer shall also be provided with a copy of Form N-RDF, "State
of New Jersey Nonresidential Development Certification/Exemption,"
and complete as per the instructions provided.
(2) For nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF, "State of New Jersey Nonresidential
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 Form N-RDF. The Tax Assessor shall
verify exemptions and prepare estimated and final assessments as per
the instructions provided in Form N-RDF.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) Should Delanco 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).
(8) Fifty percent 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.
(9) Appeal of development fees.
(a)
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 Delanco Township. 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, 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.
(b)
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 Delanco Township.
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, 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.
G. Affordable Housing Trust Fund.
(1) There is hereby created a separate, interest-bearing housing trust
fund to be maintained by the Chief Financial Officer of the Township
of Delanco for the purpose of depositing development fees collected
from residential and nonresidential developers and proceeds from the
sale of units with extinguished controls.
(2) The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
(a)
Payments in lieu of on-site construction of affordable units;
(b)
Developer-contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible;
(c)
Rental income from municipally operated units;
(d)
Repayments from affordable housing program loans;
(f)
Proceeds from the sale of affordable units; and
(g)
Any other funds collected in connection with Delanco Township's
affordable housing program.
(3) Within seven days from the opening of the trust fund account, Delanco
Township shall provide COAH with written authorization, in the form
of a three-party escrow agreement between the municipality, 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).
(4) All interest accrued in the housing trust fund shall only be used
on eligible affordable housing activities approved by COAH.
H. Use of funds.
(1) The expenditure of all funds shall conform to a spending plan approved
by COAH. Funds deposited in the housing trust fund may be used for
any activity approved by COAH to address Delanco 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 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.
(2) Funds shall not be expended to reimburse the Township for past housing
activities.
(3) 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.
(a)
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.
(b)
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. The use of development
fees in this manner shall entitle the Township of Delanco to bonus
credits pursuant to N.J.A.C. 5:97-3.7.
(c)
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.
(4) 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.
(5) 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.
I. Monitoring. Delanco 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
housing program, as well as to the expenditure of revenues and implementation
of the plan certified by COAH or approved by the court. All monitoring
reports shall be completed on forms designed by COAH.
J. Ongoing collection of fees. The ability for Delanco Township to impose,
collect and expend development fees shall expire with its substantive
certification from COAH or judgment of compliance from the court (as
the case may be) unless the Township has filed an adopted Housing
Element and Fair Share Plan with COAH, has petitioned for substantive
certification or the entry of a judgment of compliance from the court,
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 or its 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 (N.J.S.A.
52:27D-320). Delanco 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. Delanco shall not expend
development fees after the expiration of its substantive certification
or judgment of compliance.