This article establishes standards for the collection, maintenance
and expenditure of development fees pursuant to COAH's regulations
and in accordance P.L. 2008, c. 46, § 8 and §§ 32
through 38. 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 development fees, codified at N.J.A.C. 5:97-8.
The following provisions shall only apply to those development fees paid into the Township's housing trust fund pursuant to this Article
VI (Mandatory Development Fees).
A. Residential development.
(1) Affordable housing developments, developments where the developer
is providing for the construction of affordable units elsewhere in
the municipality and developments where the developer has made a payment
in lieu of on-site construction of affordable units shall be exempt
from development fees.
(2) Residential 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. A change
in an approval which requires a revised preliminary approval shall
be considered to be a substantial change for the purposes of this
section.
(3) Developments by municipal, county and state governments and houses
of worship shall be exempt from paying mandatory residential development
fees pursuant to this article.
B. Nonresidential development.
(1) 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.
(2) The fee of 2.5% shall not apply to an increase in equalized assessed
value resulting from alterations, change in use within existing footprint,
reconstruction, renovations and repairs.
(3) 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 Non-Residential Development Certification/Exemption" Form.
Any exemption claimed by a developer shall be substantiated by that
developer.
(4) 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 the basis for the 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.
(5) 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 Moorestown Township as a lien against the real
property of the owner.
The Township of Moorestown 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 Moorestown's
housing program, as well as to the expenditure of revenues and implementation
of the plan certified by COAH. All monitoring reports shall be completed
on forms designed by COAH.