[HISTORY: Adopted by the Township Council of the Township of Jefferson 5-2-2001
by Ord. No. 9-01 (Ch. 28 of the 1967 Code). Amendments noted
where applicable.]
In Holmdel Builder's Ass'n. 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
chapter is to establish standards for the collection, maintenance and expenditure
of development fees pursuant to COAH's rules. Fees collected pursuant to this
chapter shall be used for the sole purpose of providing low- and moderate-income
housing. This chapter shall be interpreted within the framework of COAH's
rules on development fees.
As used in this chapter, the following terms shall have the meanings
indicated:
The New Jersey Council on Affordable Housing established under the
Fair Housing Act of 1985.
Money paid by an individual, person, partnership, association, company
or corporation for the improvement of property as permitted in COAH's rules.
The value of a property determined by the Township Tax Assessor through
a process designed to ensure that all property in the Township 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 tax estimates
for construction cost. Final equalized assessed value will be determined at
project completion by the Township Tax Assessor.
A determination by the Council approving a municipality's housing
element and fair share plan in accordance with the provisions of the Fair
Housing Act and the rules and criteria as set forth therein. A grant of substantive
certification shall be valid for a period of six years in accordance with
the terms and conditions contained therein.
A developer of any major residential subdivision shall pay a development fee of 1/2 of 1% of the equalized assessed value of any eligible residential activity pursuant to § 193-6 of this chapter.
Developers of any major site plan or minor site plan resulting in the construction of at least 5,000 square feet of structure shall pay a fee of 1% of the equalized assessed value of eligible nonresidential activities pursuant to § 193-6 of this chapter.
A.
Developers of low- and moderate-income units shall be
exempt from paying development fees.
B.
Developers that expand 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.
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.
A.
Developers shall pay 50% of the calculated development
fee to the Township of Jefferson at the issuance of a building permit. 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 the Township
of Jefferson at the issuance of the certificates of occupancy or temporary
certificates of occupancy. At the issuance of certificates of occupancy, the
Tax Assessor shall calculate the equalized assessed value of the appropriate
development fee. The developer shall be responsible for paying the difference
between the fee calculated at the certificate of occupancy and the amount
paid at the building permit.
A.
There is hereby created an interest-bearing Housing Trust
Fund for the purpose of receiving development fees from residential and nonresidential
developers, which fund shall be separate and apart from all other funds of
the Township. 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.
B.
If COAH determines that the Township of Jefferson 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
chapter shall be expended. Such authorization is pursuant this chapter, COAH's
rules on development fees; and the written authorization from the governing
body to the bank which is the depository of the trust fund.
A.
Money deposited in a Housing Trust Fund may be used for
any activity approved by COAH for addressing the Township of Jefferson'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; assistance designed to render units to
be more affordable to low- and moderate-income people; and administrative
costs necessary to implement the Township of Jefferson's housing element.
The expenditure of all money shall conform to a spending plan approved by
COAH.
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
the Township of Jefferson for housing activities that precede substantive
certification.
This chapter shall expire if:
A.
COAH dismisses or denies the Township of Jefferson's
petition for substantive certification;
B.
COAH revokes substantive certification or its certification
of this chapter.
C.
Substantive certification/judgment of repose expires
prior to the Township of Jefferson filing an adopted housing element with
COAH, petitioning for substantive certification or receiving COAH's approval
of this chapter.
