The Pennington Borough shall collect development
fees for affordable housing in accordance with the following:
A. The Planning Board Secretary of Pennington Borough
shall notify the Pennington Borough Construction Code Official whenever
either a preliminary or final approval is granted to any development
which is subject to the collection of a development fee.
B. For nonresidential developments only, the developer
shall also be provided with a copy of Form N-RDF "State of New Jersey
Non-Residential Development Certification/Exemption," which is to
be completed by the developer as per the instructions provided.
(1) The Borough Construction Official shall verify the
information submitted by the nonresidential developer as per the instructions
provided in the Form N-RDF.
(2) The Borough Tax Assessor shall verify exemptions and
prepare estimated and final assessments as per the instructions provided
in Form N-RDF.
C. The Borough Construction Official responsible for
the issuance of a building permit shall notify the Borough Tax Assessor
of the issuance of the first building permit for a development which
is subject to a development fee.
D. Within 90 days of receipt of that notice, the Borough
Tax Assessor, based on the plans filed, shall provide an estimate
of the equalized assessed value of the development. The equalized
assessed value and the required development fee shall be estimated
by the Borough Tax Assessor prior to the issuance of the construction
permit, with the understanding that the estimate of the equalized
assessed value is not intended to establish the equalized assessed
value for tax purposes.
E. Developers shall pay 50% of the required development
fee to Pennington Borough at the time of the issuance of the construction
permit.
F. Developers shall pay the remainder of the development
fee to Pennington Borough at the time of the issuance of a certificate
of occupancy.
(1) The Borough Construction Official responsible for
the issuance of a final certificate of occupancy notifies the Borough
Tax Assessor of any and all requests for the scheduling of a final
inspection on property which is subject to a development fee.
(2) Within 10 business days of a request for the scheduling
of a final inspection, the Borough Tax Assessor shall confirm or modify
the previously estimated equalized assessed value of the improvements
of the development; calculate the development fee; and thereafter
notify the developer of the amount of the fee.
(3) The equalized assessed value and the required development
fee shall be re-estimated by the Borough Tax Assessor prior to the
issuance of the certificate of occupancy, again with the understanding
that the estimate of the equalized assessed value is not intended
to establish the equalized assessed value for tax purposes. The developer
shall be responsible for paying the difference between the development
fee calculated at the time of the issuance of the certificate of occupancy
and the amount paid at the time of the issuance of the construction
permit.
(4) Should the Borough 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 subsection b of § 37 of P.L.2008, c.
46 (N.J.S.A. 40:55D-8.6).
(5) Upon tender of the remaining development fee, provided
the developer is in full compliance with all other applicable laws,
the Borough shall issue a final certificate of occupancy for the subject
property.
G. Regardless of the time of collection of the development
fee, the fee shall be based upon the percentage that applies on the
date that the construction permit is issued.
H. The Construction Code Official shall forward all collected
development fees to Pennington Borough's Chief Financial Officer who
shall deposit such fees into the established Housing Trust Fund.
I. A developer may challenge the development fees imposed
by filing a challenge with the Director of the Division of Taxation
for nonresidential development and with the County Board of Taxation
for residential development.
(1) Pending a review and determination by the Director
or Board, as the case may be, 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 Borough.
(2) Appeals from a determination of the Director or Board,
as the case may be, may be made to the tax court in accordance with
the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1
et seq., within 90 days after the date of such determination.
(3) Accrued interest earned on escrowed amounts to be
returned shall also be returned to the developer.
The Pennington Borough Municipal Housing Liaison
shall coordinate with the appropriate municipal officials the completion
and return to COAH of all monitoring forms included in the annual
monitoring report 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, recapture funds, proceeds from
the sale of affordable units, rental income, repayments from affordable
housing program loans, enforcement fines and application fees, and
any other funds collected in connection with the Borough's housing
program, and the expenditure of revenues and implementation of the
plan certified by COAH.
A. At minimum, the monitoring shall include an accounting
of any Housing Trust Fund activity, identifying the source and amount
of funds collected, the amount and purpose for which any funds have
been expended, and the status of the spending plan regarding the remaining
balance pursuant to N.J.A.C. 5:97-8.10(a)8.
B. All monitoring reports shall be completed on forms
designed by COAH.
The ability for the Borough of Pennington to
impose, collect and expend development fees shall expire with its
substantive certification unless Pennington Borough has filed an adopted
Housing Element and Fair Share Plan with COAH, has petitioned for
substantive certification, and has received COAH's approval of its
development fee ordinance.
A. If the Borough of Pennington fails to renew its ability
to impose and collect development fees prior to the date of expiration
of substantive certification, it may be subject to forfeiture of any
or all funds remaining within its municipal trust fund.
B. Any funds so forfeited shall be deposited into the
New Jersey Affordable Housing Trust Fund established pursuant to § 20
of P.L.1985, c. 222 (N.J.S.A. 52:27D-320).
C. The Borough of Pennington shall not impose a residential
development fee on a development that receives preliminary or final
site plan approval after the expiration of its substantive certification,
nor shall the Borough of Pennington retroactively impose a development
fee on such a development.
D. The Borough of Pennington shall not expend development
fees after the expiration of its substantive certification or judgment
of compliance.