Township of Hanover, NJ
Morris County
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Table of Contents
Table of Contents
[Amended 8-14-1986 by Ord. No. 23-86]
[Amended 5-8-2014 by Ord. No. 17-14]
A. 
All fees as hereinafter required shall be payable to:
(1) 
The Secretary of the Planning Board or Board of Adjustment in the case of an application to either board;
(2) 
The Zoning Officer in the case of an application for a zoning permit or a site plan exemption;
(3) 
The Township Engineer in the case of an application for a tree permit; or
(4) 
The Township Clerk in the case of an application or appeal to the Township Committee.
B. 
All fees shall be payable at the time of filing any application for development. All permits, determinations, resolutions or certificates of approval are subject to the payment of all fees provided for in this chapter, and no approval shall be given by the approving authority until proof has been submitted to them that the requisite fees have, in fact, been paid. Furthermore, the applicant must submit proof that no taxes or assessments for local improvements are due or delinquent on the property before the approving authority may act on his application.
There is hereby established in connection with the various applications for development and other matters which are the subject of this chapter the following schedule of fees. Every applicant for development shall file with his application a filing fee as indicated in the following schedule under "Filing fees," in addition to technical review fees as indicated in the following schedule under "Technical review fees."
A. 
Filing fees.
[Amended 3-26-1987 by Ord. No. 2-87; 7-13-1995 by Ord. No. 18-95; 12-22-2008 by Ord. No. 32-08]
(1) 
An application to the Planning Board or Zoning Board of Adjustment for any application for development or other matter to be decided by said boards shall be accompanied by a filing fee, which shall be used to defray the administrative costs of processing the application as follows:
(a) 
Concept plan/informal review of development proposal: $100. Fee to be credited against the application fee for a subsequent formal application for the same property if such application is filed within one year of hearing on the concept plan.
(b) 
Minor subdivision:
[1] 
If limited to lot line relocation only, with no additional lots created: $200, plus $50 for each lot in the subdivision.
[2] 
All others: $600, plus $200 for each lot in the subdivision, including the remainder.
(c) 
Preliminary major subdivision: $1,000, plus $200 for each lot in the subdivision, including the remainder.
(d) 
Final major subdivision:
[1] 
If approval requested simultaneously with preliminary major subdivision approval: $250, plus $50 for each lot in the subdivision, including the remainder.
[2] 
If approval requested subsequent to preliminary major subdivision approval: $500, plus $100 for each lot in the subdivision, including the remainder.
(e) 
Preliminary major site plan:
[1] 
Limited only to one or a combination of the following activities: change of use; alteration of the facade or roof of buildings; up to 250 square feet increase or reduction in the gross floor area; and/or site improvements or site disturbance of up to 250 square feet in area: $250.
[2] 
All others: $500 for the first 10,000 square feet of lot area or fraction thereof disturbed or altered by the development, plus $100 for each additional 10,000 square feet of lot area or fraction thereof disturbed or altered by the development, plus $300 for the first 1,000 square feet of floor area of any new building or addition, plus $100 for each 1,000 square feet or fraction thereof of floor area over 1,000 square feet. In no case shall the application fee be less than $500 or more than $15,000.
(f) 
Final site plan:
[1] 
If approval requested simultaneously with preliminary major site plan approval: 20% of the fee for the preliminary major site plan, excluding any variance fee.
[2] 
If approval requested subsequent to preliminary major site plan approval: 40% of the fee for the preliminary site plan, excluding any variance fee.
(g) 
"C" variances (N.J.S.A. 40:55D-70c):
[1] 
If not part of site plan or subdivision application, or if bifurcated from a site plan or subdivision application: $300 for each variance, but not more than $900, provided that the "c" variance fee for single-family detached dwellings shall not exceed $600.
[2] 
If reviewed simultaneously with site plan and/or subdivision application: $150 for each variance, but not more than $450.
(h) 
"D" variances (N.J.S.A. 40:55D-70d):
[1] 
If not part of site plan or subdivision application, or if bifurcated from a site plan or subdivision application: 150% of the fee for "d" variances reviewed simultaneously with site plan and/or subdivision application (see below).
[2] 
If reviewed simultaneously with site plan and/or subdivision application:
[a] 
"D" variance involving prohibited use, expansion of nonconforming use or density: $1,000 per variance, but not to exceed $2,000.
[b] 
"D" variance involving violation of conditional use requirement: $500 per variance, but not to exceed $1,000.
[c] 
"D" variance involving violation of floor area ratio or height requirement: $300 per variance, but not to exceed $900.
(i) 
Variance or site plan for application solely limited to an exempt antenna as defined by § 166-4, notwithstanding the above site plan and variance fees: $100.
(j) 
Appeal for encroachment into mapped public area (§§ 166-19E, 166-215): $300.
(k) 
Appeal for permit on a lot not abutting a street (§§ 166-19F, 166-216): $300.
(l) 
Appeal of Zoning Officer or Township Engineer decision based on or made in the enforcement of the zoning regulations, Part 5 of this chapter (§§ 166-19A, 166-21A): $300.
[Amended 5-8-2014 by Ord. No. 17-14]
(m) 
Zoning chapter interpretations or other special questions by Board of Adjustment (§ 166-19B): $300.
(n) 
Amended approval of prior subdivision, site plan or variance application, as defined by § 166-4: 20% of the fee for the original application, but not to exceed $250.
(o) 
Application to extend or toll period of protection against changes in development regulations, to extend expiration of variance deadline or to extend deadline for filing of subdivision: $200.
(p) 
Application for certification of nonconforming use or structure: $50 if certification request decided by Zoning Officer, $200 if certification request decided by Board of Adjustment (see N.J.S.A. 40:55D-68).
(q) 
Special meeting requested by interested party: $1,000.
(r) 
Request to amend Master Plan or development regulations: $1,000 if request involves creation of a new zone district, $300 if request involves relocation of a zone boundary, and $200 for other requests.
(2) 
In the case of proposals requiring a combination of approvals, such as subdivision, site plan and/or variance(s), the applicant shall pay a fee equal to the sum of the fees for each required approval.
B. 
Payment for professional services.
[Amended 12-11-1997 by Ord. No. 34-97]
(1) 
The Chief Financial Officer of the Township shall make all of the payments to professionals for services rendered to the Township or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of the Municipal Land Use Law[1] and this chapter. At the time of filing of an application for development, appeal or other matter pursuant to this chapter, the applicant shall pay to the Board Secretary a deposit, in accordance with the schedule in Subsection B(2) below, to be used to reimburse the Township for said professional services. Deposits shall be paid by cashier's check, certified check, bank money order or cash and shall be placed by the Township in an escrow account if required pursuant to § 166-48C(1). In the case of proposals requiring a combination of approvals, such as subdivision, site plan and/or variance(s), the applicant shall deposit an amount equal to the sum of the deposits required for each application. Notwithstanding the above, if the Board determines that professional services are not required in order to process and review the application, no deposit shall be required.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2) 
Amount of deposits. The initial deposit for payment of professional services shall be four times the application fee or fees as set forth in the schedule of fees, provided that if the Board Secretary determines that a greater or lesser initial deposit is necessary to reimburse the anticipated cost of professional services on a particular application, such as circulation-intensive sites requiring the services of a traffic engineering consultant, the applicant shall be required to deposit said greater or lesser amount.
[Amended 12-22-2008 by Ord. No. 32-08]
C. 
Administration of technical review deposit fees. Deposits received for professional services employed by the Township to review applications for development, for Township inspection fees in accordance with this chapter or to satisfy the guaranty requirements of this chapter shall be administered in accordance with the following provisions:
[Amended 12-11-1997 by Ord. No. 34-97]
(1) 
Deposits to be held in escrow. Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the Township, the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided in this chapter, shall continue to be the property of the applicant and shall be held in trust by the Township. Deposits received pursuant to this article shall be held in escrow and deposited in a banking institution or savings and loan association in New Jersey insured by an agency of the federal government, or any other fund or depository approved for such deposits by the State of New Jersey. Such deposits shall be placed in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The Township shall notify the applicant, in writing, of the name and address of the institution or depository in which the deposit is made and the amount of the deposit.
(2) 
Depletion of deposits. If an escrow account or deposit contains insufficient funds to enable the Township or approving authority 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 inspections shall be made and charged back against the replenishment of funds.
(3) 
Failure to maintain adequate deposit. No application shall be deemed complete and no formal action shall be taken by the Board until the initial deposit required by Subsection B(2) above has been submitted. If the funds required by Subsection C(2) above for professional services are not deposited in a timely manner, the Board Secretary shall notify the board having jurisdiction over the application. No further action shall be taken on the application unless the deposits have been made by the applicant as required above. In the event that the time for action by the Board, or any extension thereof as required by this chapter, shall expire prior to the payment of the required deposits, the Board may, at its discretion, dismiss the application.
(4) 
Eligible charges against deposit. All professional charges for 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 or construction. The following provisions shall apply:
(a) 
Application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections 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) 
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 requests for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by any state governmental agency and not under Township jurisdiction except to the extent consultation with a state agency is necessary due to the effect of state approvals on the subdivision or site plan.
(c) 
Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under 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.
(d) 
The only costs that shall be added to any such charges in Subsection C(4)(a) through (c) above shall be actual out-of-pocket expenses of any such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements.
(e) 
The Township or approving authority shall not bill the applicant or charge any escrow account or deposit authorized herein for any Township clerical or administrative functions, overhead expenses, meeting room charges or any other Township costs and expenses, except as provided for in this section, nor shall a Township professional add any such charges to his bill.
(f) 
If the Township retains a different professional or consultant in the place of the professional originally responsible for development application review or inspection of improvements, the Township or approving authority 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 approving authority shall not bill the applicant or charge the deposit or the escrow account for any such services.
(5) 
Rates of payment for professional services. If the salary, staff support and overhead for a professional are provided by the Township, the hourly rate charged to the deposit from said professional shall be at 200% of the sum of the products resulting from multiplying the hourly base salary, which shall be established annually by ordinance, of each of the professionals by the number of hours spent by the respective professional on 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. Rates for professional services shall be in accordance with a schedule of professional fees filed annually with the Board Secretary and maintained in the office of the Township Clerk for public inspection.
(6) 
Vouchers for payment of professional services. Each payment charged to a deposit for the review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional. The processing of vouchers shall be in accordance with the following:
(a) 
The voucher shall identify the personnel performing the service and for each date the services are performed, the hours spent to one-quarter-hour increments, the hourly rate and the expenses incurred.
(b) 
All professionals shall submit vouchers to the chief financial officer of the Township on a monthly basis in accordance with the schedules and procedures established by the chief financial officer of the Township.
(c) 
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.
(d) 
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.
(e) 
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 cumulative balance of the escrow account. 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.
(7) 
Appeals of charges. An applicant shall notify, in writing, the Township Committee, with copies to the chief financial officer of the Township, the approving authority and the professional, whenever the applicant disputes the charges made by a professional for service rendered to the Township in reviewing applications for development, review and preparation of documents, inspection of improvements or other charges made pursuant to the Municipal Land Use Law. The following shall apply:
(a) 
An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by Subsection C(6)(d) above, except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within 60 days from receipt of the Township statement of activity against the deposit or escrow account required by Subsection C(6)(e) above.
(b) 
The Township Committee, or its designee, shall, within a reasonable time period, attempt to remediate any disputed charges.
(c) 
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 Section 9 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-127) any charge to an escrow account or a deposit by any Township professional or consultant. An applicant or his authorized agent shall submit the appeal, in writing, to the County Construction Board of Appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the Township, approving authority and any professional whose charge is the subject of the appeal. The procedures followed by the County Construction Board of Appeals shall be as set forth in N.J.S.A. 40:55D-53.2b and c.
(d) 
An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.
(e) 
During the pendence 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 and maintenance guaranties, the issuance of construction permits or certificates of occupancy or any other approval or permit because an appeal has been filed or is pending under this subsection. The chief financial officer of the Township may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed.
(f) 
If a charge is disallowed after payment, the chief financial officer of the Township shall reimburse the deposit or 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 or consultant shall reimburse the Township in the amount of any such disallowed charge.
(8) 
Refund of deposits; interest. Any of the funds remaining in the deposit upon completion of the purpose for which the deposit was made shall be returned to the applicant and the account shall be terminated. For deposits over $5,000 placed in an interest bearing account pursuant to this chapter, refunds of interest shall be made as follows:
(a) 
The Township shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year.
(b) 
If the amount of interest exceeds $100 for the year, that entire amount shall belong to the applicant and shall be refunded to him 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 equivalent to no more than 1/3 of that entire amount, which shall be in lieu of all other administrative and custodial expenses.
(9) 
Procedure for closing of deposits and escrow accounts. The following closeout procedure shall apply to all deposits and escrow accounts established under the Municipal Land Use Law and this chapter:
(a) 
In the case of application review escrows and deposits, the closeout of deposits and escrow accounts shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan or after the authority has denied the application or after the applicant has formally withdrawn the application.
(b) 
In the case of improvement inspection escrows and deposits, the closeout of deposits and escrow accounts shall commence after the improvements have been approved as provided in § 166-67.
(c) 
The applicant shall send written notice by certified mail to the chief financial officer of the Township and the approving authority and to the relevant Township professional that the application is completed, denied or withdrawn or the improvements are completed, as the case may be.
(d) 
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.
(e) 
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 Subsection C(8) above, shall be refunded to the developer along with the final accounting.
D. 
Governing body decision. A copy of a decision of the governing body to an interested party in connection with an appeal pursuant to Article VIII of this chapter: $10.
E. 
Publication of decision. Publication in a newspaper of general circulation of a decision of the Township Council on an appeal as set forth in Article VIII of this chapter: the cost of publication.
F. 
Certification of subdivision approval. Certification of subdivision approval or deed description pursuant to P.L. 1975, c. 291: $30.
G. 
Zoning permit: $50.
H. 
Transcripts. Copies, duplicates or transcripts of records of proceedings furnished to an interested party pursuant to P.L. 1975, c. 291, Section 6f (N.J.S.A. 40:55D-10f): $0.40 for each folio or original and $0.10 for each of the copies, or the maximum permitted by N.J.S.A. 2A:11-15,[2] whichever is the greater.
[2]
Editor's Note: N.J.S.A. 2A:11-15 was repealed by L. 1991, c. 119, § 4, effective April 25, 1991.
I. 
Appeals to the governing body. Any appeal to the governing body shall be accompanied by a fee of $30. The applicant shall furnish 11 copies of the transcript of the hearing record before the approving authority.
J. 
Inspection fees for required improvements.
[Amended 12-11-1997 by Ord. No. 34-97]
(1) 
The developer shall reimburse the Township for all reasonable inspection fees for the inspection of improvements required pursuant to this chapter. Prior to the initiation of any construction approved pursuant to this chapter, the developer shall deposit with the Board Secretary sufficient funds to reimburse the Township for inspection fees. Deposits shall be paid by cashier's check, certified check, bank money order or cash. The Township shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit. Deposits shall be as follows:
(a) 
The developer shall deposit for the inspection fees an amount with the Township not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to § 166-64.
(b) 
For those developments for which the reasonably anticipated inspection fees are less than $10,000, inspection fee deposits may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the reasonably anticipated inspection fees. When the balance on deposit drops to 10% of the reasonably anticipated inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Township for inspection, the developer shall deposit the remaining 50% of the anticipated inspection fees.
(c) 
For those developments for which the reasonably anticipated inspection fees are $10,000 or greater, inspection fee deposits may, at the option of the developer, be paid in four installments. 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 for inspection, the developer shall make additional deposits of 25% of the reasonably anticipated fees.
(2) 
Appeals of amount of deposit or amount of fee. Appeals of the amount required to be deposited for the payment of inspection fees or the amount charged for the inspection of improvements shall follow the procedures in § 166-48C(7).
K. 
Township projects exempted. Notwithstanding anything herein to the contrary, land use and development by the Township of Hanover, the Cedar Knolls Fire Department and First Aid Squad, the Whippany Fire Department, the Boards of Commissioners of Fire Districts 2 and 3, the Hanover Sewerage Authority and the Whippanong Library are not subject to requirements relating to fees, reimbursement of professional review costs and the posting of bonds otherwise required hereunder. In addition, development projects of the Township of Hanover, the local Hanover Township Board of Education and the Hanover Park Regional High School District Board of Education shall likewise be exempt from the payment of fees, reimbursement of professional review costs and the posting of bonds otherwise required pursuant to this chapter.
[Amended 4-10-2014 by Ord. No. 9-14]
L. 
List of property owners. List of property owners from current tax duplicate pursuant to P.L. 1975, c. 291, Section 7.1c (N.J.S.A. 40:55D-12c): $0.25 per name or $10, whichever is greater.
M. 
Tree removal permit application fees.
[Added 12-19-2011 by Ord. No. 30-11; amended 8-23-2012 by Ord. No. 19-12; 2-14-2013 by Ord. No. 3-13; 2-14-2013 by Ord. No. 3-13]
(1) 
Tree removal as part of a site plan, subdivision or variance application. No additional application fee above that required for the development application by this chapter shall be required for tree removal requested as part of a site plan, subdivision, variance or other development application or appeal submitted to the Planning Board or Board of Adjustment.
[Amended 8-8-2013 by Ord. No. 22-13]
(2) 
Tree removal for development that does not require Planning Board or Board of Adjustment approval. The application fee shall be $100 for up to three regulated trees to be removed, plus $25 for each additional regulated tree to be removed; provided, however, that the application fee shall not exceed $1,000. Notwithstanding the foregoing, no application fee shall be required for the following tree removal:
(a) 
On each lot, the removal of one tree per calendar year, if the removal of such tree is not prohibited by § 166-131.
(b) 
Removal of any number of trees which are dead, dying, critically diseased and/or hazardous to human life or property.
[Added 12-22-1993 by Ord. No. 43-93; amended 2-26-1998 by Ord. No. 5-98]
A. 
Purpose. 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, N.J.S.A. 52:27D-301 et seq., and the State Constitution subject to COAH developing rules. The purpose of this section is to establish standards for the collection, maintenance and expenditure of development fees pursuant to COAH's rules. 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.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
COAH
The New Jersey Council on Affordable Housing.
DEVELOPMENT FEES
Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH's rules.
EQUALIZED ASSESSED VALUE
The value of a 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 required by law. Estimates at the time of 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.
JUDGMENT OF REPOSE
A judgment issued by the Superior Court approving a municipality's plan to satisfy its fair share obligation.
SUBSTANTIVE CERTIFICATION
A determination by the Council approving a municipality's housing element and fair share plan in accordance with the provisions of the 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 contained therein.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
C. 
Residential development fees. Developers of residential uses shall pay a development fee of 1% of the equalized assessed value of any eligible residential activity pursuant to Subsection E of this section. If a "d" variance is granted, 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 the development fee of 1%. However, if the zoning on a site has changed during the two-year period prior to the filing of the "d" variance application, the base density for the purpose of calculating the bonus development fee shall be the highest density permitted by right during such two-year period.
[Amended 12-20-1999 by Ord. No. 33-99; 5-11-2000 by Ord. No. 6-2000; 3-10-2005 by Ord. No. 7-2005]
D. 
Nonresidential development fees. Developers of nonresidential uses shall pay a fee of 2% of the equalized assessed value for eligible nonresidential activities pursuant to Subsection E of this section. If a "d" variance is granted, then the additional floor area ratio realized above what is permitted by right under the existing zoning will incur a bonus development fee of 6% rather than the development fee of 2%. However, if the zoning on a site has changed during the two-year period prior to the filing of the "d" variance application, the base floor area ratio for the purpose of calculating the bonus development fee shall be the highest floor area ratio permitted by right during such two-year period.
[Amended 5-11-2000 by Ord. No. 6-2000; 6-27-2002 by Ord. No. 14-2002; 3-10-2005 by Ord. No. 7-2005]
E. 
Eligible exaction, ineligible exaction and exemptions.
[Amended 6-27-2002 by Ord. No. 14-2002]
(1) 
Developers of low- and moderate-income units shall be exempt from paying development fees.
(2) 
Developers that construct a new structure or who expand or otherwise alter an existing structure shall pay a development fee. The development fee shall be calculated based on the increase in the equalized assessed value of the improved structure.
(3) 
Developers that have received preliminary or final approval prior to the effective date of this section shall be exempt from paying a development fee unless the developer seeks a substantial change in the approval.
(4) 
Non-profit tax-exempt organizations meeting the criteria in Sections 501(c)(3) and 501(c)(4) of the Internal Revenue Code and which have been granted tax-exempt status by the Internal Revenue Service shall be exempt from paying development fees.
F. 
Collection of fees.
(1) 
Developers shall pay 50% of the calculated development fee to the Township of Hanover at the issuance of building permits. The development fee shall be estimated by the Tax Assessor prior to the issuance of building permits.
(2) 
Developers shall pay the remaining fee to the Township of Hanover 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 building permit.
G. 
Housing trust fund.
(1) 
There is hereby created an interest-bearing housing trust fund in a bank to be selected by the Township's Chief Municipal Finance Officer for the purpose of receiving development fees from residential and nonresidential developers. All development fees paid by developers pursuant to this section 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.
(2) 
If COAH determines that the Township of Hanover is not in conformance with COAH's rules on development fees, COAH is authorized to direct the manner in which all development fees collected pursuant to this section shall be expended. Such authorization is pursuant to this section, COAH's rules on development fees and the written authorization from the governing body to the selected trust fund bank.
H. 
Use of funds.
(1) 
Money deposited in a housing trust fund may be used for any activity approved by COAH for addressing the Township of Hanover's low- and moderate-income housing obligations. 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; assistance designed to render units to be more affordable to low- and moderate-income people; and administrative costs necessary to implement the Township of Hanover's housing element. The expenditure of all money shall conform to a spending plan approved by COAH.
(2) 
At least 30% of the revenues collected shall be devoted to render units more affordable unless such revenues are exempt from this requirement pursuant to N.J.A.C. 5:93-8.16(c).
[Amended 6-27-2002 by Ord. No. 14-2002]
(3) 
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.
(4) 
Development fee revenues shall not be expended to reimburse the Township of Hanover for housing activities that preceded substantive certification.
I. 
Expiration of section. This section shall expire if:
(1) 
COAH dismisses or denies the Township of Hanover's petition for substantive certification.
(2) 
COAH revokes substantive certification or its certification of this section.