A.
Final approval prerequisites. Prior to the granting of final approval of any subdivision, cluster development or planned unit development and prior to the issuance of any construction permit for any land use, including land uses which require site plan approval pursuant to this chapter and any residence or other use of property on an unimproved street or where any off-tract improvements have not been installed, the developer shall pay his pro rata share of the cost of providing any reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the development but necessitated or required by construction or improvements within the development. All payments shall be in the manner provided in Subsection C below, it being the intent of this subsection that the developer bear that portion of the cost which bears a rational basis to the needs created by the development and/or benefits conferred upon such development.
B.
Improvements required. Off-site and off-tract improvements
shall include the following:
(1)
All improvements of the type described in Subsection E below, for on-site installation, where the need for the providing of such improvements off site or off tract is, in whole or in part, made necessary by the proposed development application of the developer and where the making of such improvements will confer a benefit upon the developer's lands which are the subject of the development application.
(2)
Any improvement or facility, the installation of which is required in the public interest and the public need for which would not arise but for the improvement of lands which are the subject of the development application and the installation of which would confer a benefit upon the developer's lands which are the subject of the development application. In addition to improvements of the type described in Subsection E and referred to in Subsection B(1) above, improvements required to maintain a safe flow of vehicular and pedestrian traffic are specifically declared to be necessary in the public interest.
(3)
The installation of new or the extension or modification
of existing improvements made necessary in whole or in part by the
development application which will be benefited by the improvement.
C.
Developer's share of cost for improvements not installed
by him. In the event that the developer shall not be required to install
off-site or off-tract improvements by virtue of the provisions of
this chapter, then and in that event there shall be paid to the Township
Treasurer the amount of the developer's share of the finally determined
cost of the off-site or off-tract improvement. All moneys received
by the Township in accordance with the provisions of this subsection
shall be deposited in an interest-bearing account, and such funds
shall be used only for the improvements for which they are deposited
or improvements serving the same purpose. If the improvements are
not initiated within a period of 10 years from the date of payment
or other mutually agreeable period of time, all deposited funds shall
be returned to the developer, together with accumulated interest.
D.
Cost allocation.
(1)
Full allocation. In cases where off-tract improvements
are necessitated by the property development and where no other property
owner(s) receives a special benefit thereby, the applicant may be
required at his sole expense and as a condition of approval to provide
and install such improvements.
(2)
Proportionate allocation. Where it is determined that
properties outside the development will also be benefited by the off-tract
improvement, the allocation formulas shall be utilized in determining
the proportionate share of the cost of such improvements to the developer.
(3)
Predetermined allocation. In some cases, where the
nature of the improvement makes it difficult to determine the extent
of cost of the improvement or its allocation to a specific project,
the Township Committee may enact by ordinance specific predetermined
assessments.
E.
Improvements to be considered. Prior to the granting
of final approval, the developer shall have installed or, if permitted
in lieu thereof, shall have furnished performance guaranties for the
ultimate installation of the following improvements. All improvements
shall be designed, constructed and placed in accordance with any applicable
standards and specifications of the Township or county, state or federal
regulatory agencies. The developer may construct improvements prior
to final approval and filing of the final plat, provided that final
construction drawings have been received and approved by the Township
Engineer as specified and upon notification to the Board 45 days prior
to the start of construction and payment of inspection fees, as specified
in this chapter, seven days prior to the start of construction. Improvements
are as follows:
(1)
Streets, grading and streetlights.
(2)
Street name signs at all street intersections within
or abutting the subdivision.
(3)
Curbs.
(4)
Sidewalks.
(5)
Shade trees.
(6)
Monuments. All monuments shall be of the size and
shape required by Section 3(q) of Chapter 141 of the Laws of 1960
(N.J.S.A. 46:23-9.11q) and placed in accordance with the statute.
(7)
Storm drains.
(8)
Bulkheads.
(9)
Landscaping, topsoil and seeding on all rights-of-way.
(10)
Soil erosion and sedimentation control measures.
In all major subdivisions and residential site plans, the developer shall reserve an area as specified in § 110-44 for recreational purposes. The developer shall improve this area for active and passive recreation. Plans for the improvement of this recreation area shall be an integral element of any preliminary plat and final construction drawings for any major subdivision or residential site plan.
A.
The Township shall ascertain in each drainage instance
the drainage area of which the specific subdivision is a part and
shall apportion the fair costs of adequate drainage for the whole
drainage area among the landowners who contribute to or who will contribute
to the stormwater runoff if the subdivision is approved.
B.
Each applicant for a subdivision requiring provisions
for overall drainage of stormwater runoff shall install an adequate
drainage system in the specific subdivision and shall also pay in
cash to the Township the fair cost so apportioned to the specific
subdivision for the ultimate disposal of the stormwater runoff to
such ultimate adequate outlet for final disposal as aforesaid. Each
payment made to the Township shall be held by it in trust until the
overall ultimate disposal system is constructed for the drainage area
in question, at which time the trust funds raised for that drainage
area may be used for such construction in and for that area.
C.
The applicant's proportionate share of stormwater
and drainage improvements, including the installation, relocation
or replacement of storm drains, culverts, catch basins, manholes,
riprap, improved drainage ditches and appurtenances thereto, and relocation
or replacement of other storm drainage facilities or appurtenances
associated therewith shall be determined as follows:
(1)
The capacity and the design of the drainage system to accommodate stormwater runoff shall be based on the standards specified in § 110-23 of this chapter, computed by the developer's engineer and approved by the Municipal Engineer.
(2)
The capacity of the enlarged, extended or improved
system required for the subdivision and areas outside of the developer's
tributary to the drainage system shall be determined by the developer's
engineer subject to approval of the Municipal Engineer. The plans
for the improved system shall be prepared by the developer's engineer
and the estimated cost of the enlarged system calculated by the Municipal
Engineer. The prorated share for the proposed improvement shall be
computed as follows:
|
Total cost of enlargement or improvement
|
Capacity of enlargement or improvement (total
capacity) expressed in cubic feet per second
| |
|
|
=
|
|
|
Developer cost
|
Development-generated peak rate of runoff expressed
in cubic feet per second to be accommodated by the enlargement or
improvement
|
D.
In all major subdivisions, the developer shall be
required to post an off-tract assessment in the amount of $500 per
lot to be used for the purchase of stormwater collection and disposal
system maintenance equipment to be used in the area containing the
subdivision.
For major subdivisions and for site plans with
parking for more than 10 vehicles, the applicant shall be responsible
for off-tract circulation improvements. The applicant's proportionate
share of street improvements, alignment, channelization, barriers,
new or improved traffic signalization, signs, curbs, sidewalks, trees,
utility improvements uncovered elsewhere, the construction or reconstruction
of new or existing streets and other associated street or traffic
improvements shall be as follows:
A.
The applicant shall submit with his application a
traffic study which shall include the anticipated off-tract impacts
of the project, proposed improvements to remedy the effects of these
anticipated impacts and the existing and reasonably anticipated future
peak hours for the off-tract improvements.
B.
The applicant shall furnish a plan for the proposed
off-tract improvement which shall include the estimated peak-hour
traffic generated by the proposed development and the proportion thereof
which is to be accommodated by the proposed off-tract improvement.
The ratio of the peak-hour traffic generated by the proposed development
which is to be accommodated by the off-tract improvement to the future
additional peak-hour traffic anticipated to impact the proposed off-tract
improvement shall form the basis of the proportionate share. The proportionate
share shall be computed as follows:
|
Total cost of enlargement or improvement
|
Capacity of enlargement or improvement (peak-hour
traffic)
| |
|
|
=
|
|
|
Developer cost
|
Development-peak hour traffic to be accommodated
by the enlargement or improvement
|
[Amended 3-6-1996 by Ord. No. 96-2; 10-6-2004 by Ord. No.
2004-6]
A.
Every application for development shall be accompanied
by a cashier’s check payable to Oldmans Township in accordance
with the Schedule of Administrative and Escrow Fees which is on file
in the office of the Zoning Officer. Administrative fees and escrow
fees shall be paid in separate checks.
B.
Application and escrow fees.
(1)
The application fees and escrow fees recited hereinabove[1] are minimums which must accompany the application. An
application shall not be deemed complete until the application fee
and escrow fee required have been paid. The Planning Board shall exercise
its discretion in establishing the figure required for the escrow
fund in the event that the project will require more time for review
than has been provided for by the figures recited hereinabove or the
project is of a nature that is not expressly included in one of the
aforementioned categories.
[1]
Editor's Note: The Schedule of Administrative
and Escrow Fees is on file in the office of the Township Zoning Officer.
(2)
Application fees and escrow fees must be submitted
in separate checks payable to Oldmans Township.
(3)
Each payment charged to the deposit for review of
applications, review and preparation of documents and inspection of
improvements shall be pursuant to a voucher from the professional,
which voucher shall identify the personnel performing the service
and, for each date the service is performed, the hours spent to one-quarter-hour
increments, the hourly rate and the expenses incurred.
(a)
All professionals shall submit vouchers to the
Chief Financial Officer of Oldmans Township on a monthly basis in
accordance with schedules and procedures established by the Chief
Financial Officer.
(b)
Professionals shall send an informational copy
of all vouchers or statements submitted to the Chief Financial Officer
simultaneously to the applicant.
(c)
The Chief Financial Officer shall prepare and
send to the applicant a statement which shall include an accounting
of the funds, listing the deposit, interest earnings, disbursements,
and 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.
(4)
If the escrow account or deposit contains insufficient
funds to enable the review of the application, or inspection of the
improvements, the Chief Financial Officer shall provide the applicant
with notice of the insufficient escrow or deposit balance. In order
to work to be continued on the application, the applicant shall, within
a reasonable time period, post a deposit to the account in an amount
to be agreed upon by Oldmans Township and the applicant. In the interim,
any required health and safety inspections shall be made and charged
back against the replenishment of funds.
(5)
The following close-out procedure shall apply to all
deposits and escrow accounts established under the provisions of P.L.
1975, c.291 (N.J.S.A. 40:55D-1 et seq.) and shall commence after the
approving authority has granted final approval and signed the subdivision
plat or site plan, in the ease of application review escrows and deposits,
or after the improvements have been approved as provided in section
41 of P.L. 1975, c.291 (N.J.S.A. 40:55D-53), in the case of improvement
inspection escrows and deposits.
(a)
The applicant shall send written notice by certified
mail to the Chief Financial Officer and the approving authority, and
to the relevant municipal professional, that the application or the
improvements, as the case may be, are completed.
(b)
After receipt of such notice, the professional
shall render a final bill to the Chief Financial Officer within 30
days and shall send a copy simultaneously to the applicant.
(c)
The Chief Financial Officer 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.
(d)
Any balances remaining in the deposit or escrow
account, including interest, shall be refunded to the developer along
with the final accounting.
(6)
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.
(a)
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.
(b)
A professional shall not review items which
are subject to approval by any state governmental agency and not under
municipal jurisdiction except to the extent consultation with a state
agency is necessary due to the effect of state approvals in 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.
(7)
An applicant shall notify in writing the governing
body with copies to the Chief Financial Officer, the approving authority
and the professional whenever the applicant disputes the charges made
by a professional for service rendered in reviewing applications for
development, review and preparation of documents, inspection of improvements,
or other charges made pursuant to the provisions of P.L. 1975, c.291
(N.J.S.A. 40:55D-l et seq.).
(a)
The Oldmans Township Committee, or its designee,
shall within a reasonable time period attempt to mediate any disputed
charges.
(b)
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 municipal
professional or consultant, or the cost of the installation of improvements
estimated by the municipal engineer pursuant to Section 15 of P.L.
1991, c.256 (N.J.S.A. 40:55D-53.4).
(8)
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, shall be deposited, including the applicant's portion
of interest earned thereon, except as otherwise provided in this section;
shall continue to be the property of the applicant; and shall be held
in trust by the Township. Money deposited shall be held in escrow.
The Township receiving the money shall deposit it in a banking institution
or savings and loan association in this state, insured by an agency
of the federal government, or in any other fund or depository approved
for such deposits by the state, 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. The Township
shall not be required to refund an amount of interest paid on a deposit
which does not exceed $100 for the year. If the amount of interest
exceeds $100, that entire amount shall belong to the applicant and
shall he 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 33 1/3% of that entire
amount, which shall be in lieu of all other administrative and custodial
expenses. The provisions of this section shall apply only to that
interest earned and paid on a deposit after the effective date of
this section.
A.
Performance guaranty estimate.
(1)
No final application for development shall be approved
by the Board until the satisfactory completion and performance of
all required improvements has been certified to the Board by the Township
Engineer, unless the owner shall have filed with the municipality
a performance guaranty assuring the installation of said improvements
on or before an agreed date and as hereinafter provided.
(2)
Except as hereafter provided, the remaining required
improvements shall be at least fifty-percent completed as to each
category set forth in the performance guaranty within one year from
the date of final approval or by such time as 50% of the lots in the
section in question have been conveyed, in any manner, by the applicant,
whichever shall first occur. At least 75% of the remaining required
improvements shall be completed as to each category as set forth in
the performance guaranty within 18 months from the date of final approval
or at such time as 75% of the lots in the section in question have
been conveyed. The remaining improvements shall be completed and accepted
by the Township within two years from the date of final approval or
at such time as all of the lots in the section in question have been
conveyed, in any manner, by the applicant, whichever shall first occur.
It is the intention of the governing body that this requirement will
provide to those living in each new section of a development a dwelling
unit that is as complete as possible with respect to tract and individual
lot improvements.
[Amended 9-3-1997 by Ord. No. 97-5]
(3)
A performance guaranty estimate shall be prepared
by the Township Engineer setting forth all requirements for improvements
as fixed by the Board and their estimated cost. The governing body
shall pass a resolution either approving or adjusting this performance
guaranty.
B.
Approval by Township Attorney.
(1)
The subdivider shall present two copies of the performance
guaranty in an amount equal to 120% of the approved performance guaranty
estimate for approval as to form and execution by the Township Attorney.
(2)
The Township Attorney shall notify the Secretary of
the Board prior to the meeting that the performance guaranty is properly
executed and can be added to the agenda.
C.
Bonding and cash required.
(1)
The performance guaranty shall be made payable to
Oldmans Township, shall be deposited by the Township Attorney and
shall be in the form of cash, a certified check, an irrevocable letter
of credit issued by a bank authorized to do business in New Jersey
or a performance bond in which the owner shall be principal, the bond
to be provided by an acceptable surety company licensed to do business
in the State of New Jersey. The Township shall issue its receipt for
such deposits and shall cause the same to be deposited in a bank named
by the municipality in the name of the Township to be retained as
security for completion of all requirements and to be returned to
the owner on completion of all required work or, in the event of default
on the part of the owner, to be used by the Township to pay the cost
and expense of obtaining completion of all requirements. Every bond,
whether cash or surety, shall contain a clause to the effect that
a determination by the Township Engineer that the principal has defaulted
in the performance of his obligation shall be binding and conclusive
upon the surety and the principal.
(2)
Ten percent of the amount of the approved performance
guaranty estimate shall be deposited by the owner in cash with the
Township. The remaining 90% may be in cash or surety bond. In the
event of default, the ten-percent fund herein mentioned shall be first
applied to the completion of the requirements, and the cash or the
surety bond shall thereafter be resorted to, if necessary, for the
completion of the requirements. The cash or surety bond shall recite
the foregoing provisions.
D.
Inspections and tests.
(1)
All improvements and utility installations shall be
inspected during the time of their installation under the supervision
of the Township Engineer to ensure satisfactory completion. The cost
of said inspection shall be the responsibility of the owner, and he
shall deposit with the Township Treasurer for placement in a special
trust fund account a sum equal to 5% of the amount of the performance
guaranty estimate of the cost of public improvements to be applied
to payment of inspection costs. If inspection costs exceed such fund,
the owner shall deposit with the Township Treasurer additional sums
upon notice from the Township Engineer. The Township Treasurer shall
return any balance of the inspection deposit to the owner upon expiration
of the maintenance bond, together with the paid invoices for all expenses
charged, except that the inspection fee shall in no case be less than
$100.
(2)
In no case shall any paving work (including prime
and seal coats) be done without permission from the Township Engineer's
office. At least two days' notice shall be given to the Township Engineer's
office prior to any such construction so that he or a qualified representative
may be present at the time the work is to be done.
(3)
The Township Engineer's office shall be notified after
each of the following phases of the work has been completed so that
he or a qualified representative may inspect the work:
(4)
A final inspection of all improvements and utilities
will be started within 10 days' notification by the subdivider or
developer to determine whether the work is satisfactory and in agreement
with the approved final drawings and the Township specifications.
The general condition of the site shall also be considered. Upon a
satisfactory final inspection report, action will be taken to release
or declare in default the performance guaranty covering such improvements
and utilities.
(5)
Inspection by the Township of the installation of
improvements and utilities shall not operate to subject the Township
to liability for claims, suits or liability of any kind that may at
any time arise because of defects or negligence during construction
or at any time thereafter, it being recognized that the responsibility
to maintain safe conditions at all times during construction and to
provide proper utilities and improvements is upon the owner and his
contractors, if any.
(6)
After completing the construction of the public improvements
covered by the performance guaranty, the subdivider or developer shall
prepare a set of the approved public improvement and utility plans
and the profiles amended to read "as-built" and apply to the Township
Engineer for final inspection of the work. The Township Engineer shall
report to the governing body on the condition of the work and recommend
that the performance guaranty be released, extended or declared in
default.
E.
Release. The governing body shall, by resolution,
release or declare in default each performance guaranty. Such performance
guaranty shall remain in effect until released by the governing body.
The amount of the performance guaranty may be reduced by the governing
body by resolution when portions of the required improvements have
been installed and have been inspected and approved by the Township
Engineer; provided, however, that it is the policy of the Township
that no such reduction shall be approved unless extenuating circumstances
prevent the developer from completing all improvements and until the
Township Engineer shall have certified the estimated cost of completing
any remaining required improvements. If any improvements have not
been installed in accordance with the performance guaranty, the obligor
and surety shall be liable thereon to the Township for the reasonable
cost over and above the ten-percent cash deposit on the improvements
not installed, and, upon receipt of the proceeds thereof, the Township
shall install such improvements. The Township shall also have all
other remedies as may be lawfully available.
F.
Conditions for acceptance of improvements. The approval
of any application for development by the Township shall in no way
be construed as acceptance of any street or drainage system or any
other improvement, nor shall such approval obligate the Township in
any way to maintain or exercise jurisdiction over such street or drainage
system or other improvement. No improvement shall be accepted by the
governing body unless and until all of the following conditions have
been met:
(1)
The Township Engineer shall have certified, in writing,
that the improvements are complete and that they comply with the requirements
of this chapter.
(2)
The final application for development shall have been
approved by the Board.
(3)
The owner shall have filed with the governing body
a maintenance guaranty in an amount equal to not more than 15% of
the original estimate of the cost of installing the improvements.
The maintenance guaranty shall run for a period of two years after
final acceptance of the improvement. The procedures and requirements
governing such maintenance guaranty shall be identical with the procedures
and requirements for a performance guaranty set forth in this chapter.
The requirements for a maintenance guaranty may be waived by the governing
body only if the Township Engineer has certified that the improvements
have been in continuous use for not less than two years from the date
the Township Engineer certified completion of such improvements and
that during this period the owner has maintained the improvements
in a satisfactory manner.
[Added 12-6-2006 by Ord. No. 2006-15; amended 6-13-2007 by Ord. No. 2007-7; 12-8-2021 by Ord. No. 2021-12[1]]
A.
General provisions.
(1)
This section establishes standards for the collection, maintenance,
and expenditure of development fees that are consistent with COAH's
regulations developed in response to N.J.S.A. 52:27D-329.2 and the
Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1
through 40:55D-8.7). Fees collected pursuant to this section shall
be used for the sole purpose of providing very-low-, low- and moderate-income
housing in accordance with a Court-approved Spending Plan, replacing
a previous 2006 COAH-approved ordinance.
B.
Residential development fees.
(1)
Imposed fees.
(a)
Within the Township of Oldmans, residential developers, except
for developers of the types of development specifically exempted below,
shall pay a fee of 1.5% of the equalized assessed value for residential
development, provided no increased density is permitted. Development
fees shall also be imposed and collected when an additional dwelling
unit is added to an existing residential structure; in such cases,
the fee shall be calculated based on the increase in the equalized
assessed value of the property due to the additional dwelling unit.
(b)
When an increase in residential density is permitted pursuant
to a "d" variance granted under N.J.S.A. 40:55D-70d(5), developers
shall be required to pay a "bonus" development fee of 6.0% of the
equalized assessed value for each additional unit that may be realized,
except that this provision shall not be applicable to a development
that will include affordable housing. If the zoning on a site has
changed during the two-year period preceding the filing of such a
variance application, the base density for the purposes of calculating
the bonus development fee shall be the highest density permitted by
right during the two-year period preceding the filing of the variance
application.
Example: If an approval allows four units to be constructed
on a site that was zoned for two units, the fees could equal 1.5%
of the equalized assessed value on the first two units; and the specified
higher percentage of 6% of the equalized assessed value for the two
additional units, provided zoning on the site has not changed during
the two-year period preceding the filing of such a variance application.
(2)
Eligible exactions, ineligible exactions and exemptions for residential
development.
(a)
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, or by
redevelopment agreement or other agreement with the Township of Oldmans,
shall be exempt from the payment of development fees.
(b)
Developments that received preliminary or final site plan or
subdivision approval prior to December 6, 2006, shall be exempt from
the payment of development fees, unless the developer seeks a substantial
change in the original approval. Where a site plan approval does not
apply, the issuance of a zoning and/or building permit shall be synonymous
with preliminary or final site plan approval for the purpose of determining
the right to an exemption. In all cases, the applicable fee percentage
shall be determined based upon the development fee ordinance in effect
on the date that the construction permit is issued.
(c)
Development fees shall be imposed and collected when an existing
structure undergoes a change to a more intense use resulting in an
increase in the assessed value of the property of $20,000 or more,
is demolished and replaced, or is expanded, if the expansion is not
otherwise exempt from the development fee requirement. The development
fee shall be calculated on the increase in the equalized assessed
value of the improved structure.
(d)
No development fee shall be collected for a demolition and replacement
of a residential building resulting from fire, war, or a natural disaster.
C.
Nonresidential development fees.
(1)
Imposition of fees.
(a)
Within all zoning districts, nonresidential developers, except
for developers of the types of development specifically exempted below,
shall pay a fee equal to 2.5% of the equalized assessed value of the
land and improvements, for all new nonresidential construction on
an unimproved lot or lots.
(b)
Within all zoning districts, nonresidential developers, except
for developers of the types of development specifically exempted below,
shall also pay a fee equal to 2.5% of the increase in equalized assessed
value resulting from any additions to existing structures to be used
for nonresidential purposes.
(c)
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the preexisting land and improvements and the equalized assessed
value of the newly improved structure; i.e., land and improvements;
and such calculation shall be made at the time a final certificate
of occupancy is issued. If the calculation required under this section
results in a negative number, the nonresidential development fee shall
be zero.
(2)
Eligible exactions, ineligible exactions and exemptions for nonresidential
development.
(a)
The nonresidential portion of a mixed-use inclusionary or market-rate
development shall be subject to a 2.5% development fee, unless otherwise
exempted below.
(b)
The 2.5% fee shall not apply to an increase in equalized assessed
value resulting from alterations, change in use within existing footprint,
reconstruction, renovations and repairs.
(c)
Nonresidential developments shall be exempt from the payment
of nonresidential development fees in accordance with the exemptions
required pursuant to the Statewide Non-Residential Development Fee
Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7), as specified in Form
N-RDF, "State of New Jersey Non-Residential Development Certification/Exemption."
Any exemption claimed by a developer shall be substantiated by that
developer.
(d)
A developer of a nonresidential development exempted from the
nonresidential development fee pursuant to the Statewide Non-Residential
Development Fee Act shall be subject to the fee at such time as 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.
(e)
If a property that 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 the Township of Oldmans as a lien against the
real property of the owner.
D.
Collection of fees.
(1)
Upon the passage of the resolution of memorialization granting of
a preliminary, final or other applicable approval for a development,
the Planning Board or Zoning Board of Adjustment Secretary shall notify
the construction code official responsible for the issuance of a building
permit of the approving authority's action.
(2)
Once all prior approvals have been obtained, the person requesting
a building permit application for a nonresidential development, only,
shall also be provided with a copy of Form N-RDF, "State of New Jersey
Non-Residential Development Certification/Exemption," to be completed
by the developer as part of the building permit application. The construction
code official shall verify the information submitted by the nonresidential
developer or developer's designee. The Oldmans Township Tax Assessor
shall verify any requested exemptions and prepare estimated and final
assessments as per the instructions provided in Form N-RDF.
(3)
The construction code official responsible for the issuance of a
building permit shall notify the Township Tax Assessor of the issuance
of the first construction permit for a development that is subject
to a development fee.
(4)
Within 90 days of receipt of that notice, the Township Tax Assessor
shall provide an estimate, based on the plans filed, of the equalized
assessed value of the development.
(5)
The construction code official responsible for the issuance of a
final certificate of occupancy shall notify the Township Tax Assessor
of any and all requests for the scheduling of a final inspection on
property that is subject to a development fee.
(6)
Within 10 business days of a request for the scheduling of a final
inspection, the Township Tax Assessor shall confirm or modify the
previously estimated equalized assessed value of the improvements
associated with the development; calculate the development fee; and
thereafter notify the developer of the amount of the fee.
(7)
Should the Township of Oldmans fail to determine or notify the developer
of the amount of the development fee within 10 business days of the
request for final inspection, the developer may estimate the amount
due and pay that estimated amount consistent with the dispute process
set forth in N.J.S.A. 40:55D-8.6.
(8)
Fifty percent of the development fee shall be collected at the time
of issuance of the construction permit. The remaining portion shall
be collected at the time of issuance of the certificate of occupancy.
The developer shall be responsible for paying the difference between
the fee calculated at the time of issuance of the construction permit
and that determined at the time of issuance of certificate of occupancy.
E.
Appeal of development fees.
(1)
A developer may challenge residential development fees imposed by
filing a challenge with the Salem County Board of Taxation. Pending
a review and determination by that board, collected fees shall be
placed in an interest-bearing escrow account by the Municipal Housing
Finance Officer of the Township of Oldmans. Appeals from a determination
of the Board may be made to the Tax Court in accordance with the provisions
of the State Uniform Tax Procedure Law, N.J.S.A. 54:48-1 et seq.,
within 90 days after the date of such determination. Interest earned
on amounts escrowed shall be credited to the prevailing party.
(2)
A developer may challenge nonresidential development fees imposed
by filing a challenge with the director of the New Jersey Division
of Taxation. Pending a review and determination by the Director, which
shall be made within 45 days of receipt of the challenge, collected
fees shall be placed in an interest-bearing escrow account by the
Township of Oldmans. Appeals from a determination of the Director
may be made to the Tax Court in accordance with the provisions of
the State Uniform Tax Procedure Law, N.J.S.A. 54:48-1 et seq., within
90 days after the date of such determination. Interest earned on amounts
escrowed shall be credited to the prevailing party.
F.
Affordable Housing Trust Fund.
(1)
A separate, interest-bearing Affordable Housing Trust Fund was previously
created and shall continue to be maintained by the Municipal Housing
Finance Officer of the Township of Oldmans for the purpose of depositing
development fees collected from residential and nonresidential developers
and proceeds from the sale of units with extinguished controls.
(2)
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
(a)
Payments in lieu of on-site construction of an affordable unit,
where permitted by ordinance or by agreement with the Township of
Oldmans;
(b)
Funds contributed by developers to make 10% of the adaptable
entrances in a townhouse or other multistory attached dwelling unit
development accessible to the handicapped;
(c)
Rental income from municipally operated units;
(d)
Repayments from affordable housing program loans;
(e)
Recapture funds;
(f)
Proceeds from the sale of affordable units; and
(g)
Any other funds collected in connection with the Township of
Oldmans affordable housing program.
(3)
In the event of a failure by the Township of Oldmans to comply with
trust fund monitoring and reporting requirements or to submit accurate
monitoring reports; or a failure to comply with the conditions of
a Judgment of Compliance or a revocation of the Judgment of Compliance;
or a failure to implement the approved Spending Plan and to expend
funds within the applicable required time period as set forth in In
re Tp. of Monroe, 442 NJ Super. 565 (Law Div. 2015) (aff'd 442 NJ
Super. 563); or the expenditure of funds on activities not approved
by the Court; or for other good cause demonstrating the unapproved
use(s) of funds, the Court may authorize the State of New Jersey,
Department of Community Affairs, Division of Local Government Services
(NJLGS), to direct the manner in which the funds in the Affordable
Housing Trust Fund shall be expended, provided that all such funds
shall, to the extent practicable, be utilized for affordable housing
programs within the Township of Oldmans, or, if not practicable, then
within the county or the housing region.
(4)
Any party may bring a motion before the Superior Court presenting
evidence of such condition(s), and the Court may, after considering
the evidence and providing the Township a reasonable opportunity to
respond and/or to remedy the noncompliant condition(s), and upon a
finding of continuing and deliberate noncompliance, determine to authorize
NJLGS to direct the expenditure of funds in the trust fund or impose
such other remedies as may be reasonable and appropriate to the circumstances.
(5)
All interest accrued in the housing trust fund shall only be used
on eligible affordable housing activities approved by the Court.
G.
Use of funds.
(1)
The expenditure of all funds shall conform to a Spending Plan approved
by the Court. Funds deposited in the Affordable Housing Trust Fund
may be used for any activity approved by the Court to address the
Township of Oldmans fair share obligation and may be set up as a grant
or revolving loan program. Such activities include, but are not limited
to: preservation or purchase of housing for the purpose of maintaining
or implementing affordability controls; housing rehabilitation; new
construction of affordable housing units and related costs; accessory
apartments; a market-to-affordable program; conversion of existing
nonresidential buildings to create new affordable units; green building
strategies designed to be cost-saving and in accordance with accepted
national or state standards; purchase of land for affordable housing;
improvement of land to be used for affordable housing; extensions
or improvements of roads and infrastructure to affordable housing
sites; financial assistance designed to increase affordability; administration
necessary for implementation of the Housing Element and Fair Share
Plan; and/or any other activity permitted by the Court and specified
in the approved Spending Plan.
(2)
Upon approval of the Spending Plan, expenditures of funds detailed
therein constitute "commitment" for expenditure pursuant to N.J.S.A.
52:27D-329.2 and 52:27D-329.3, with the four-year time period for
expenditure designated pursuant to those provisions beginning to run
with the entry of a final Judgment of Repose in accordance with the
provisions of In re Tp. Of Monroe, 442 N.J. Super. 565 (Law Div. 2015)
(aff'd 442 N.J. Super. 563).
(3)
Funds shall not be expended to reimburse the Township of Oldmans
for past housing activities.
(4)
At least 30% of all development fees collected and interest earned
shall be used to provide affordability assistance to low- and moderate-income
households in affordable units included in the municipal Fair Share
Plan. At least 1/3 of the affordability assistance portion of development
fees collected shall be used to provide affordability assistance to
very-low-income households earning 30% or less of regional median
income by household size for Housing Region 6, in which the Township
of Oldmans is located.
(a)
Affordability assistance programs may include down payment assistance,
security deposit assistance, low-interest loans, rental assistance,
assistance with homeowners' association or condominium fees and special
assessments, infrastructure assistance, and assistance with emergency
repairs. The specific programs to be used for affordability assistance
shall be identified and described within the Spending Plan.
(b)
Affordability assistance to households earning 30% or less of
the regional median household income by household size may include
producing very-low-income units or buying down the cost of low- or
moderate-income units in the municipal Fair Share Plan to make them
affordable to households earning 30% or less of regional median income
by household size.
(c)
Payments in lieu of constructing affordable units on site and
funds from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement. The specific programs
to be used for very-low-income affordability assistance shall be identified
and described within the Spending Plan.
(5)
The Township of Oldmans may contract with a private or public entity
to administer any part of its Housing Element and Fair Share Plan,
including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:93-8.16.[3]
[3]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.
(6)
No more than 20% of all revenues collected from development fees,
and interest, may be expended on administration, including, but not
limited to, salaries and benefits for municipal employees or consultants'
fees necessary to develop or implement a new construction program,
prepare a Housing Element and Fair Share Plan, and/or administer an
affirmative marketing program.
(a)
In the case of a rehabilitation program, the administrative
costs of the rehabilitation program shall be included as part of the
20% of collected development fees that may be expended on administration.
(b)
Administrative funds may be used for income qualification of
households, monitoring the turnover of sale and rental units, and
compliance with the monitoring requirements set forth in any settlement
agreement related to affordable housing in the municipality. Legal
or other fees related to litigation opposing affordable housing sites
or related to appealing a judgement from the Court are not eligible
uses of the Affordable Housing Trust Fund.
H.
Ongoing collection of fees.
(1)
The ability for the Township of Oldmans to impose, collect and expend
development fees shall expire with the expiration of the repose period
covered by its Judgment of Repose unless the Township of Oldmans has
first filed an adopted Housing Element and Fair Share Plan with the
Court or with a designated state administrative agency, has petitioned
for a Judgment of Repose from the Court or for substantive certification
or its equivalent from a state administrative agency authorized to
approve and administer municipal affordable housing compliance, and
has received approval of its development fee ordinance from the entity
that will be reviewing and approving the Housing Element and Fair
Share Plan.
(2)
If the Township of Oldmans fails to renew its ability to impose and
collect development fees prior to the expiration of its Judgment of
Compliance, it may be subject to forfeiture of any or all funds remaining
within its Affordable Housing Trust Fund. Any funds so forfeited shall
be deposited into the New Jersey Affordable Housing Trust Fund established
pursuant to N.J.S.A. 52:27D-320.
(3)
The Township of Oldmans shall not impose a residential development
fee on a development that receives preliminary or final site plan
approval after the expiration of its Judgment of Compliance, nor shall
the Township of Oldmans retroactively impose a development fee on
such a development. The Township of Oldmans also shall not expend
any of its collected development fees after the expiration of its
Judgment of Compliance.
