[Amended 8-14-1986 by Ord. No. 23-86]
[Amended 5-8-2014 by Ord.
No. 17-14]
A.
All fees as hereinafter required shall be payable to:
(1)
The Secretary of the Planning Board or Board of Adjustment in the
case of an application to either board;
(2)
The Zoning Officer in the case of an application for a zoning permit
or a site plan exemption;
(3)
The Township Engineer in the case of an application for a tree permit;
or
(4)
The Township Clerk in the case of an application or appeal to the
Township Committee.
B.
All fees shall be payable at the time of filing any application for
development. All permits, determinations, resolutions or certificates
of approval are subject to the payment of all fees provided for in
this chapter, and no approval shall be given by the approving authority
until proof has been submitted to them that the requisite fees have,
in fact, been paid. Furthermore, the applicant must submit proof that
no taxes or assessments for local improvements are due or delinquent
on the property before the approving authority may act on his application.
There is hereby established in connection with
the various applications for development and other matters which are
the subject of this chapter the following schedule of fees. Every
applicant for development shall file with his application a filing
fee as indicated in the following schedule under "Filing fees," in
addition to technical review fees as indicated in the following schedule
under "Technical review fees."
A.
Filing fees.
[Amended 3-26-1987 by Ord. No. 2-87; 7-13-1995 by Ord. No.
18-95; 12-22-2008 by Ord. No. 32-08]
(1)
An application to the Planning Board or Zoning Board
of Adjustment for any application for development or other matter
to be decided by said boards shall be accompanied by a filing fee,
which shall be used to defray the administrative costs of processing
the application as follows:
(a)
Concept plan/informal review of development
proposal: $100. Fee to be credited against the application fee for
a subsequent formal application for the same property if such application
is filed within one year of hearing on the concept plan.
(c)
Preliminary major subdivision: $1,000, plus
$200 for each lot in the subdivision, including the remainder.
(d)
Final major subdivision:
[1]
If approval requested simultaneously with preliminary
major subdivision approval: $250, plus $50 for each lot in the subdivision,
including the remainder.
[2]
If approval requested subsequent to preliminary
major subdivision approval: $500, plus $100 for each lot in the subdivision,
including the remainder.
(e)
Preliminary major site plan:
[1]
Limited only to one or a combination of the
following activities: change of use; alteration of the facade or roof
of buildings; up to 250 square feet increase or reduction in the gross
floor area; and/or site improvements or site disturbance of up to
250 square feet in area: $250.
[2]
All others: $500 for the first 10,000 square
feet of lot area or fraction thereof disturbed or altered by the development,
plus $100 for each additional 10,000 square feet of lot area or fraction
thereof disturbed or altered by the development, plus $300 for the
first 1,000 square feet of floor area of any new building or addition,
plus $100 for each 1,000 square feet or fraction thereof of floor
area over 1,000 square feet. In no case shall the application fee
be less than $500 or more than $15,000.
(f)
Final site plan:
[1]
If approval requested simultaneously with preliminary
major site plan approval: 20% of the fee for the preliminary major
site plan, excluding any variance fee.
[2]
If approval requested subsequent to preliminary
major site plan approval: 40% of the fee for the preliminary site
plan, excluding any variance fee.
(g)
"C" variances (N.J.S.A. 40:55D-70c):
[1]
If not part of site plan or subdivision application,
or if bifurcated from a site plan or subdivision application: $300
for each variance, but not more than $900, provided that the "c" variance
fee for single-family detached dwellings shall not exceed $600.
[2]
If reviewed simultaneously with site plan and/or
subdivision application: $150 for each variance, but not more than
$450.
(h)
"D" variances (N.J.S.A. 40:55D-70d):
[1]
If not part of site plan or subdivision application,
or if bifurcated from a site plan or subdivision application: 150%
of the fee for "d" variances reviewed simultaneously with site plan
and/or subdivision application (see below).
[2]
If reviewed simultaneously with site plan and/or
subdivision application:
[a]
"D" variance involving prohibited
use, expansion of nonconforming use or density: $1,000 per variance,
but not to exceed $2,000.
[b]
"D" variance involving violation
of conditional use requirement: $500 per variance, but not to exceed
$1,000.
[c]
"D" variance involving violation
of floor area ratio or height requirement: $300 per variance, but
not to exceed $900.
(i)
Variance or site plan for application solely limited to an exempt antenna as defined by § 166-4, notwithstanding the above site plan and variance fees: $100.
(m)
Zoning chapter interpretations or other special questions by Board of Adjustment (§ 166-19B): $300.
(n)
Amended approval of prior subdivision, site plan or variance application, as defined by § 166-4: 20% of the fee for the original application, but not to exceed $250.
(o)
Application to extend or toll period of protection
against changes in development regulations, to extend expiration of
variance deadline or to extend deadline for filing of subdivision:
$200.
(p)
Application for certification of nonconforming
use or structure: $50 if certification request decided by Zoning Officer,
$200 if certification request decided by Board of Adjustment (see
N.J.S.A. 40:55D-68).
(q)
Special meeting requested by interested party:
$1,000.
(r)
Request to amend Master Plan or development
regulations: $1,000 if request involves creation of a new zone district,
$300 if request involves relocation of a zone boundary, and $200 for
other requests.
(2)
In the case of proposals requiring a combination of
approvals, such as subdivision, site plan and/or variance(s), the
applicant shall pay a fee equal to the sum of the fees for each required
approval.
B.
Payment for professional services.
[Amended 12-11-1997 by Ord. No. 34-97]
(1)
The Chief Financial Officer of the Township shall
make all of the payments to professionals for services rendered to
the Township or approving authority for review of applications for
development, review and preparation of documents, inspection of improvements
or other purposes under the provisions of the Municipal Land Use Law[1] and this chapter. At the time of filing of an application for development, appeal or other matter pursuant to this chapter, the applicant shall pay to the Board Secretary a deposit, in accordance with the schedule in Subsection B(2) below, to be used to reimburse the Township for said professional services. Deposits shall be paid by cashier's check, certified check, bank money order or cash and shall be placed by the Township in an escrow account if required pursuant to § 166-48C(1). In the case of proposals requiring a combination of approvals, such as subdivision, site plan and/or variance(s), the applicant shall deposit an amount equal to the sum of the deposits required for each application. Notwithstanding the above, if the Board determines that professional services are not required in order to process and review the application, no deposit shall be required.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
Amount of deposits. The initial deposit for payment
of professional services shall be four times the application fee or
fees as set forth in the schedule of fees, provided that if the Board
Secretary determines that a greater or lesser initial deposit is necessary
to reimburse the anticipated cost of professional services on a particular
application, such as circulation-intensive sites requiring the services
of a traffic engineering consultant, the applicant shall be required
to deposit said greater or lesser amount.
[Amended 12-22-2008 by Ord. No. 32-08]
C.
Administration of technical review deposit fees. Deposits
received for professional services employed by the Township to review
applications for development, for Township inspection fees in accordance
with this chapter or to satisfy the guaranty requirements of this
chapter shall be administered in accordance with the following provisions:
[Amended 12-11-1997 by Ord. No. 34-97]
(1)
Deposits to be held in escrow. 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 to the purposes for
which it is deposited, including the applicant's portion of the interest
earned thereon, except as otherwise provided in this chapter, shall
continue to be the property of the applicant and shall be held in
trust by the Township. Deposits received pursuant to this article
shall be held in escrow and deposited in a banking institution or
savings and loan association in New Jersey insured by an agency of
the federal government, or any other fund or depository approved for
such deposits by the State of New Jersey. Such deposits shall be placed
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.
(2)
Depletion of deposits. If an escrow account or deposit
contains insufficient funds to enable the Township or approving authority
to perform required application reviews or improvement inspections,
the chief financial officer of the Township shall provide the applicant
with a notice of the insufficient escrow or deposit balance. In order
for work to continue on the development or the application, the applicant
shall, within a reasonable time period, post a deposit to the account
in an amount to be agreed upon by the Township or approving authority
and the applicant. In the interim, any required health and safety
inspections shall be made and charged back against the replenishment
of funds.
(3)
Failure to maintain adequate deposit. No application shall be deemed complete and no formal action shall be taken by the Board until the initial deposit required by Subsection B(2) above has been submitted. If the funds required by Subsection C(2) above for professional services are not deposited in a timely manner, the Board Secretary shall notify the board having jurisdiction over the application. No further action shall be taken on the application unless the deposits have been made by the applicant as required above. In the event that the time for action by the Board, or any extension thereof as required by this chapter, shall expire prior to the payment of the required deposits, the Board may, at its discretion, dismiss the application.
(4)
Eligible charges against deposit. 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.
The following provisions shall apply:
(a)
Application review and inspection charges shall
be limited only to professional charges for review of applications,
review and preparation of documents and inspections of developments
under construction and review by outside consultants when an application
is of a nature beyond the scope of the expertise of the professionals
normally utilized by the Township.
(b)
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.
A professional shall not review items which are subject to approval
by any state governmental agency and not under Township jurisdiction
except to the extent consultation with a state agency is necessary
due to the effect of state approvals on 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.
(e)
The Township or approving authority shall not
bill the applicant or charge any escrow account or deposit authorized
herein for any Township clerical or administrative functions, overhead
expenses, meeting room charges or any other Township costs and expenses,
except as provided for in this section, nor shall a Township professional
add any such charges to his bill.
(f)
If the Township retains a different professional
or consultant in the place of the professional originally responsible
for development application review or inspection of improvements,
the Township or approving authority shall be responsible for all time
and expenses of the new professional to become familiar with the application
or the project, and the Township or approving authority shall not
bill the applicant or charge the deposit or the escrow account for
any such services.
(5)
Rates of payment for professional services. If the
salary, staff support and overhead for a professional are provided
by the Township, the hourly rate charged to the deposit from said
professional shall be at 200% of the sum of the products resulting
from multiplying the hourly base salary, which shall be established
annually by ordinance, of each of the professionals by the number
of hours spent by the respective professional on review of the application
for development or inspection of the developer's improvements, as
the case may be. For other professionals, the charge shall be at the
same rate as all other work of the same nature by the professional
for the Township when fees are not reimbursed or otherwise imposed
on applicants or developers. Rates for professional services shall
be in accordance with a schedule of professional fees filed annually
with the Board Secretary and maintained in the office of the Township
Clerk for public inspection.
(6)
Vouchers for payment of professional services. Each
payment charged to a deposit for the review of applications, review
and preparation of documents and inspection of improvements shall
be pursuant to a voucher from the professional. The processing of
vouchers shall be in accordance with the following:
(a)
The voucher shall identify the personnel performing
the service and for each date the services are performed, the hours
spent to one-quarter-hour increments, the hourly rate and the expenses
incurred.
(b)
All professionals shall submit vouchers to the
chief financial officer of the Township on a monthly basis in accordance
with the schedules and procedures established by the chief financial
officer of the Township.
(c)
If the services are provided by a Township employee,
the Township employee shall prepare and submit to the chief financial
officer of the Township a statement containing the same information
as required on a voucher, on a monthly basis.
(d)
The professional shall send an informational
copy of all vouchers or statements submitted to the chief financial
officer of the Township simultaneously to the applicant.
(e)
The chief financial officer of the Township
shall prepare and send to the applicant a statement which shall include
an accounting of funds listing all deposits, interest earnings, disbursements
and the 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.
(7)
Appeals of charges. An applicant shall notify, in
writing, the Township Committee, with copies to the chief financial
officer of the Township, the approving authority and the professional,
whenever the applicant disputes the charges made by a professional
for service rendered to the Township in reviewing applications for
development, review and preparation of documents, inspection of improvements
or other charges made pursuant to the Municipal Land Use Law. The
following shall apply:
(a)
An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by Subsection C(6)(d) above, except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within 60 days from receipt of the Township statement of activity against the deposit or escrow account required by Subsection C(6)(e) above.
(b)
The Township Committee, or its designee, shall,
within a reasonable time period, attempt to remediate any disputed
charges.
(c)
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 Township professional or consultant. An applicant or his authorized
agent shall submit the appeal, in writing, to the County Construction
Board of Appeals. The applicant or his authorized agent shall simultaneously
send a copy of the appeal to the Township, approving authority and
any professional whose charge is the subject of the appeal. The procedures
followed by the County Construction Board of Appeals shall be as set
forth in N.J.S.A. 40:55D-53.2b and c.
(d)
An applicant may file an appeal for an ongoing
series of charges by a professional during a period not exceeding
six months to demonstrate that they represent a pattern of excessive
or inaccurate charges. An applicant making use of this provision need
not appeal each charge individually.
(e)
During the pendence of any appeal, the Township
or approving authority shall continue to process, hear and decide
the application for development and to inspect the development in
the normal course and shall not withhold, delay or deny reviews, inspections,
signing of subdivision plats or site plans, the reduction or the release
of performance and maintenance guaranties, the issuance of construction
permits or certificates of occupancy or any other approval or permit
because an appeal has been filed or is pending under this subsection.
The chief financial officer of the Township may pay charges out of
the appropriate escrow account or deposit for which an appeal has
been filed.
(f)
If a charge is disallowed after payment, the
chief financial officer of the Township shall reimburse the deposit
or escrow account in the amount of any such disallowed charge or refund
the amount to the applicant. If a charge is disallowed after payment
to a professional or consultant who is not an employee of the Township,
the professional or consultant shall reimburse the Township in the
amount of any such disallowed charge.
(8)
Refund of deposits; interest. Any of the funds remaining
in the deposit upon completion of the purpose for which the deposit
was made shall be returned to the applicant and the account shall
be terminated. For deposits over $5,000 placed in an interest bearing
account pursuant to this chapter, refunds of interest shall be made
as follows:
(a)
The Township shall not be required to refund
an amount of interest paid on a deposit which does not exceed $100
for the year.
(b)
If the amount of interest exceeds $100 for the
year, that entire amount shall belong to the applicant and shall be
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 1/3 of that entire amount,
which shall be in lieu of all other administrative and custodial expenses.
(9)
Procedure for closing of deposits and escrow accounts.
The following closeout procedure shall apply to all deposits and escrow
accounts established under the Municipal Land Use Law and this chapter:
(a)
In the case of application review escrows and
deposits, the closeout of deposits and escrow accounts shall commence
after the approving authority has granted final approval and signed
the subdivision plat or site plan or after the authority has denied
the application or after the applicant has formally withdrawn the
application.
(b)
In the case of improvement inspection escrows and deposits, the closeout of deposits and escrow accounts shall commence after the improvements have been approved as provided in § 166-67.
(c)
The applicant shall send written notice by certified
mail to the chief financial officer of the Township and the approving
authority and to the relevant Township professional that the application
is completed, denied or withdrawn or the improvements are completed,
as the case may be.
(d)
After receipt of such notice, the professional
shall render a final bill to the chief financial officer of the Township
within 30 days and shall send a copy simultaneously to the applicant.
(e)
The chief financial officer of the Township 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. Any balances remaining in the deposit or escrow account, including interest in accordance with Subsection C(8) above, shall be refunded to the developer along with the final accounting.
D.
Governing body decision. A copy of a decision of the governing body to an interested party in connection with an appeal pursuant to Article VIII of this chapter: $10.
E.
Publication of decision. Publication in a newspaper of general circulation of a decision of the Township Council on an appeal as set forth in Article VIII of this chapter: the cost of publication.
F.
Certification of subdivision approval. Certification
of subdivision approval or deed description pursuant to P.L. 1975,
c. 291: $30.
G.
Zoning permit: $50.
H.
Transcripts. Copies, duplicates or transcripts of
records of proceedings furnished to an interested party pursuant to
P.L. 1975, c. 291, Section 6f (N.J.S.A. 40:55D-10f): $0.40 for each
folio or original and $0.10 for each of the copies, or the maximum
permitted by N.J.S.A. 2A:11-15,[2] whichever is the greater.
[2]
Editor's Note: N.J.S.A. 2A:11-15 was repealed
by L. 1991, c. 119, § 4, effective April 25, 1991.
I.
Appeals to the governing body. Any appeal to the governing
body shall be accompanied by a fee of $30. The applicant shall furnish
11 copies of the transcript of the hearing record before the approving
authority.
J.
Inspection fees for required improvements.
[Amended 12-11-1997 by Ord. No. 34-97]
(1)
The developer shall reimburse the Township for all
reasonable inspection fees for the inspection of improvements required
pursuant to this chapter. Prior to the initiation of any construction
approved pursuant to this chapter, the developer shall deposit with
the Board Secretary sufficient funds to reimburse the Township for
inspection fees. Deposits shall be paid by cashier's check, certified
check, bank money order or cash. The Township shall not perform any
inspection if sufficient funds to pay for those inspections are not
on deposit. Deposits shall be as follows:
(a)
The developer shall deposit for the inspection fees an amount with the Township not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to § 166-64.
(b)
For those developments for which the reasonably
anticipated inspection fees are less than $10,000, inspection fee
deposits may, at the option of the developer, be paid in two installments.
The initial amount deposited by a developer shall be 50% of the reasonably
anticipated inspection fees. When the balance on deposit drops to
10% of the reasonably anticipated inspection fees because the amount
deposited by the developer has been reduced by the amount paid to
the Township for inspection, the developer shall deposit the remaining
50% of the anticipated inspection fees.
(c)
For those developments for which the reasonably
anticipated inspection fees are $10,000 or greater, inspection fee
deposits may, at the option of the developer, be paid in four installments.
The initial amount deposited by a developer shall be 25% of the reasonably
anticipated fees. When the balance on deposit drops to 10% of the
reasonably anticipated fees because the amount deposited by the developer
has been reduced by the amount paid to the Township for inspection,
the developer shall make additional deposits of 25% of the reasonably
anticipated fees.
(2)
Appeals of amount of deposit or amount of fee. Appeals of the amount required to be deposited for the payment of inspection fees or the amount charged for the inspection of improvements shall follow the procedures in § 166-48C(7).
K.
Township projects exempted. Notwithstanding anything herein to the
contrary, land use and development by the Township of Hanover, the
Cedar Knolls Fire Department and First Aid Squad, the Whippany Fire
Department, the Boards of Commissioners of Fire Districts 2 and 3,
the Hanover Sewerage Authority and the Whippanong Library are not
subject to requirements relating to fees, reimbursement of professional
review costs and the posting of bonds otherwise required hereunder.
In addition, development projects of the Township of Hanover, the
local Hanover Township Board of Education and the Hanover Park Regional
High School District Board of Education shall likewise be exempt from
the payment of fees, reimbursement of professional review costs and
the posting of bonds otherwise required pursuant to this chapter.
[Amended 4-10-2014 by Ord. No. 9-14]
L.
List of property owners. List of property owners from
current tax duplicate pursuant to P.L. 1975, c. 291, Section 7.1c
(N.J.S.A. 40:55D-12c): $0.25 per name or $10, whichever is greater.
M.
Tree removal permit application fees.
[Added 12-19-2011 by Ord. No. 30-11; amended 8-23-2012 by Ord. No.
19-12; 2-14-2013 by Ord. No. 3-13; 2-14-2013 by Ord. No. 3-13]
(1)
Tree removal as part of a site plan, subdivision or variance application.
No additional application fee above that required for the development
application by this chapter shall be required for tree removal requested
as part of a site plan, subdivision, variance or other development
application or appeal submitted to the Planning Board or Board of
Adjustment.
[Amended 8-8-2013 by Ord.
No. 22-13]
(2)
Tree removal for development that does not require Planning Board
or Board of Adjustment approval. The application fee shall be $100
for up to three regulated trees to be removed, plus $25 for each additional
regulated tree to be removed; provided, however, that the application
fee shall not exceed $1,000. Notwithstanding the foregoing, no application
fee shall be required for the following tree removal:
[Added 12-22-1993 by Ord. No. 43-93;
amended 2-26-1998 by Ord. No. 5-98]
A.
Purpose. In Holmdel Builder's Association v. Holmdel
Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined
that mandatory development 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 COAH developing rules. The purpose of this section is to
establish standards for the collection, maintenance and expenditure
of development fees pursuant to COAH's rules. Fees collected pursuant
to this section shall be used for the sole purpose of providing low-
and moderate-income housing. This section shall be interpreted within
the framework of COAH's rules on development fees.
B.
Definitions. As used in this section, the following
terms shall have the meanings indicated:
- COAH
- The New Jersey Council on Affordable Housing.
- 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 Municipal 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 cost. Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor.
- JUDGMENT OF REPOSE
- A judgment issued by the Superior Court approving a municipality's plan to satisfy its fair share obligation.
- SUBSTANTIVE CERTIFICATION
- A determination by the Council approving a municipality's housing element and fair share plan in accordance with the provisions of the Act[1] 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.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et
seq.
C.
Residential development fees. Developers of residential uses shall pay a development fee of 1% of the equalized assessed value of any eligible residential activity pursuant to Subsection E of this section. If a "d" variance is granted, then the additional residential units realized above what is permitted by right under the existing zoning will incur a bonus development fee of 6% rather than the development fee of 1%. However, if the zoning on a site has changed during the two-year period prior to the filing of the "d" variance application, the base density for the purpose of calculating the bonus development fee shall be the highest density permitted by right during such two-year period.
[Amended 12-20-1999 by Ord. No. 33-99; 5-11-2000 by Ord. No.
6-2000; 3-10-2005 by Ord. No. 7-2005]
D.
Nonresidential development fees. Developers of nonresidential uses shall pay a fee of 2% of the equalized assessed value for eligible nonresidential activities pursuant to Subsection E of this section. If a "d" variance is granted, then the additional floor area ratio realized above what is permitted by right under the existing zoning will incur a bonus development fee of 6% rather than the development fee of 2%. However, if the zoning on a site has changed during the two-year period prior to the filing of the "d" variance application, the base floor area ratio for the purpose of calculating the bonus development fee shall be the highest floor area ratio permitted by right during such two-year period.
[Amended 5-11-2000 by Ord. No. 6-2000; 6-27-2002 by Ord. No.
14-2002; 3-10-2005 by Ord. No. 7-2005]
E.
Eligible exaction, ineligible exaction and exemptions.
[Amended 6-27-2002 by Ord. No. 14-2002]
(1)
Developers of low- and moderate-income units
shall be exempt from paying development fees.
(2)
Developers that construct a new structure or
who expand or otherwise alter an existing structure shall pay a development
fee. The development fee shall be calculated based on the increase
in the equalized assessed value of the improved structure.
(3)
Developers that have received preliminary or
final approval prior to the effective date of this section shall be
exempt from paying a development fee unless the developer seeks a
substantial change in the approval.
(4)
Non-profit tax-exempt organizations meeting
the criteria in Sections 501(c)(3) and 501(c)(4) of the Internal Revenue
Code and which have been granted tax-exempt status by the Internal
Revenue Service shall be exempt from paying development fees.
F.
Collection of fees.
(1)
Developers shall pay 50% of the calculated development
fee to the Township of Hanover at the issuance of building permits.
The development fee shall be estimated by the Tax Assessor prior to
the issuance of building permits.
(2)
Developers shall pay the remaining fee to the
Township of Hanover at the issuance of certificates of occupancy.
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 difference
between the fee calculated at certificate of occupancy and the amount
paid at building permit.
G.
Housing trust fund.
(1)
There is hereby created an interest-bearing
housing trust fund in a bank to be selected by the Township's Chief
Municipal Finance Officer 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
in 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 Hanover
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 the selected trust
fund bank.
H.
Use of funds.
(1)
Money deposited in a housing trust fund may
be used for any activity approved by COAH for addressing the Township
of Hanover's low- and moderate-income housing obligations. 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 administrative costs necessary to
implement the Township of Hanover'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 unless such revenues are
exempt from this requirement pursuant to N.J.A.C. 5:93-8.16(c).
[Amended 6-27-2002 by Ord. No. 14-2002]
(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, space costs, consumable supplies
and rental or purchase of equipment.
(4)
Development fee revenues shall not be expended
to reimburse the Township of Hanover for housing activities that preceded
substantive certification.
