The provisions of this Part
5 shall be administered and enforced by the Zoning Officer or his or her duly authorized agent. In no case shall a permit be granted for the construction or alteration of any building where the proposed construction, alteration or use thereof would be in violation of any provision in this chapter. It shall be the duty of the Zoning Officer, or his or her duly authorized assistants, to cause any building plans or premises to be inspected or examined and to order, in writing, the remedying of any conditions found to exist in violation of any provision of this Part
5. The Zoning Officer shall have the right to enter any building or premises during the daytime in the course of his or her duties.
[Amended 6-5-1995 by Ord. No. 2:19P1-95; 4-2-1996]
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
COAH
The New Jersey Council on Affordable Housing.
DEVELOPER
The builder, contractor, homeowner or person responsible
for the construction.
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 Chester Township
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 costs. Final
equalized assessed value will be determined at project completion
by the Chester Township Tax Assessor.
JUDGMENT OF REPOSE
A judgment issued by the Superior Court approving Chester
Township's plan to satisfy its fair share obligation.
SUBSTANTIVE CERTIFICATION
A determination by COAH approving Chester Township'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 herein. A
grant of substantive certification shall be valid for a period of
six years in accordance with the terms and conditions contained therein.
B. Retention of fees. Any fees collected prior to the
adoption of this section shall be retained by Chester Township pursuant
to COAH's Resolution Amending Approval of Retention of Development
Fees, which was adopted by COAH on September 8, 1994.
C. Residential development fees.
(1)
Within all residential zoning districts, more specifically known as R-1, R-2, R-3, R-5 and WR, and any other residential districts created subsequent to the adoption of this section, developers shall pay a development fee of 1% of the equalized assessed value of any eligible residential activity pursuant to Subsection
E herein.
[Amended 6-2-1997; 7-5-2005]
(2)
Chester Township may allow developers of sites
zoned for inclusionary development to pay a fee in lieu of building
low- and moderate-income units, provided that COAH determines that
Chester Township's housing element and fair share plan provides a
realistic opportunity for addressing Chester Township's fair share
obligation. The fee may equal the cost of subsidizing the low- and
moderate-income units that are replaced by the development fee.
D. Nonresidential development fees. Developers within
all nonresidential zoning districts, more specifically known as B,
LB and IL, shall pay a fee of 2% of equalized assessed value for eligible
nonresidential activities as provided herein.
[Amended 7-5-2005]
E. Exactions and exemptions.
(1)
All construction of residential or commercial
buildings shall be subject to the development fee except as provided
herein.
(2)
Developers of low- and moderate-income units
shall be exempt from paying development fees.
(3)
Developers that expand or add on to an existing
structure shall pay a development fee. Expansion or addition shall
refer to enclosed areas only. Decks, patios, porches or other nonenclosed
areas shall be exempt from the development fee. Garages, pool houses,
storage sheds, greenhouses and barns shall be subject to payment of
the development fee. The development fee shall be calculated based
on the increase in the equalized assessed value of the improved structure.
(4)
Developers that have received preliminary or
final approval or were issued a building permit prior to the effective
date of this ordinance shall be exempt from paying a development fee
unless the developer seeks a substantial change in the approval or
permit.
(5)
Within the P Zoning District, developers shall
be exempt from paying a development fee.
[Amended 6-2-1997]
F. Collection of fees. 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 fee at the time of issuance of the certificate
of occupancy. The certificate of occupancy shall not be issued until
the development fee is paid.
G. Chester Township Affordable Housing Trust Corporation.
(1)
The interest-bearing trust fund previously created
is hereby continued. It shall continue to be held in a depository
approved by the Township 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
into 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 Chester
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 MidLantic National
Bank, Long Valley Branch.
H. Use of funds.
(1)
Money deposited in the Affordable Housing Trust
Corporation may be used for any activity approved by COAH for addressing
the Township of Chester'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 to provide funds for the purchase,
construction, expansion and/or alteration of group homes for developmentally
disabled persons; construction, expansion and/or alteration of housing
for senior citizens; and administrative costs necessary to implement
the Township of Chester'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. Examples of such activities
include but are not limited to down payment assistance, low-interest
loans and rental assistance.
(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, legal fees, space costs, consumable
supplies and rental or purchase of equipment.
(4)
Development fee revenues shall not be expended
to reimburse the Township of Chester for housing activities that preceded
substantive certification.
I. Term. This section shall expire if:
(1)
COAH dismisses or denies the Township of Chester's
petition for substantive certification.
(2)
COAH revokes substantive certification or its
certification of this section.
In interpreting and applying the provisions
of this Part 5, they shall be held to be the minimum requirements
for the promotion of the public safety, health, convenience, comfort,
prosperity and general welfare. It is not intended by this Part 5
to interfere with, abrogate, annul or repeal any rules or regulations
previously adopted and not in conflict with any of the provisions
of this Part 5, or which shall be adopted, pursuant to law relating
to the use of buildings or premises, nor is it intended by this Part
5 to interfere with or abrogate or annul any easements, covenants
or other agreements between parties, except that where this Part 5
imposes a greater restriction upon the use of buildings or premises
or upon the height of buildings, or requires larger open spaces than
are imposed or required by such other ordinances or such easements,
covenants or other agreements, the provisions of this Part 5 shall
control.
[Amended 5-17-1994 by Ord. No. 2:19G1-94; 3-21-1995 by Ord. No. 2:19L1-95; 12-17-1996]
A. For any and every violation of the provisions of this
chapter, the owner, contractor or other person or persons interested
as lessee, tenant or otherwise in any building or premises where such
violation has been committed or shall exist and who refuses to abate
such violation within five days after written notice has been served
upon him/her or her, either by registered mail or by personal service,
shall for each and every violation be subject to a fine of not more
than $500 or imprisonment in the County Jail for a term not to exceed
90 days, or both, at the discretion of the Municipal Court or judicial
officer before whom a conviction may be had. Each and every day that
such violation continues after such notice shall be considered a separate
and specific violation of this chapter.
B. If a violation of the same provisions of this chapter
reoccurs, further notice to abate need not be issued, and a Municipal
Court complaint from the Zoning Officer may be issued immediately.
C. Any person who has been found guilty or who has pleaded
guilty to any violation or violations of this chapter and who thereafter
again violates the same provisions of this chapter to which the person
was found guilty or pleaded guilty shall receive a Municipal Court
complaint from the Zoning Officer without prior written notice being
required.
D. The Zoning Officer may issue in one complaint as separate
and specific violations of this chapter the dates for each and every
day the violations occurred.
E. Imposition of a fine shall not impair or be deemed
a waiver of the Township's right to seek an injunction, take corrective
action, impose a lien on the land or to take any other action allowed
by law.