The duty of enforcing the provisions of this
chapter is hereby conferred upon the Zoning Officer, who shall have
such powers as are conferred upon him by this chapter and as reasonably
may be implied. He shall be appointed by the governing body and shall
receive such compensation as the governing body shall determine.
Failure to comply with any of the conditions
of approval granted as provided in this chapter subsequent to the
receipt of a building permit or certificate of occupancy, as the case
may be, shall be construed to be a violation of this chapter and shall
be grounds for the revocation of any building permit or certificate
of occupancy. If the Township finds that any conditions of approval
have not been met, it shall give the applicant 10 days' written notice
to comply with said conditions, and failure to comply within this
ten-day period shall result in revocation of the building permit or
certificate of occupancy.
As part of the routine development approval
process, the Township shall collect a fee on all new development within
the Township for the purpose of contributing to the costs associated
with the Township's fair housing program. The fee will pertain as
follows:
A. Purpose. In Holmdel Builder's Association vs. Holmdel
Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined
that mandatory 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
the Council on Affordable Housing's (COAH) developing rules. The purpose
of this Fair Housing Fee article is to establish standards for the
collection, maintenance and expenditure of fair housing fees pursuant
to COAH's rules. Fees collected pursuant to this article shall be
used for the sole purpose of providing low- and moderate-income housing.
This article shall be interpreted within the framework of COAH's rules
on fair housing fees.
B. Within all zones, the Township shall assess a fair
housing fee of 1.5% of the equalized assessed value of each new housing
unit. If a “d(5)” variance is granted, then the additional
residential units realized (above those permitted by right under the
existing zoning) will incur a bonus development fee of 6% rather than
the development fee of 1.5%. However, if the zoning on the site has
been changed during the two-year period preceding the filing of such
a variance application, the base density for the purpose of calculating
the bonus development fee shall be the highest density permitted by
right during the two years preceding the filing of the “d”
variance application.
[Amended 12-1-1999 by Ord. No. 1999-29; 6-1-2005 by Ord. No. 2005-8; 9-3-2008 by Ord. No. 2008-15]
C. Within all zones, the Township shall assess a fair
housing fee of 2.5% of the equalized assessed value of all new nonresidential
construction. If a “d(4)” variance is granted, then the
additional floor area ratio (FAR) realized (above that permitted by
right under the existing zoning) will incur a bonus development fee
of 6% rather than the development fee of 2.5%. However, if the zoning
on the site has been changed during the two-year period preceding
the filing of such a variance application, the base FAR for the purpose
of calculating the bonus development fee shall be the highest permitted
by right during the two years preceding the filing of the “d”
variance application.
[Amended 12-1-1999 by Ord. No. 1999-29; 6-1-2005 by Ord. No. 2005-8; 9-3-2008 by Ord. No. 2008-15]
D. Exemptions:
(1) No fee will be assessed on the rehabilitation of substandard
units or the construction of accessory apartments for occupancy by
low- and moderate-income households.
(2) No fee will be assessed on construction by nonprofit
organizations.
(3) Developers who have received preliminary or final
approval prior to the effective date of this article shall be exempt
from paying a development fee unless the developer seeks a substantial
change in the approval.
(4) Any development or improvement for any residential
or nonresidential unit or project that has an equalized value of $20,000
or less shall not be subject to the fee.
E. Contested fees. Imposed and collected development
fees that are challenged shall be placed in an interest-bearing escrow
account. 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.
[Added 6-7-2006 by Ord. No. 2006-10]
This article shall expire if:
A. COAH dismisses or denies Lopatcong Township's petition
for substantive certification.
B. COAH revokes substantive certification or its certification
of this article.
C. Substantive certification expires prior to Lopatcong
Township's filing with COAH an adopted housing element, petitioning
for substantive certification or receiving COAH's approval of this
article.