City of Woodbury, NJ
Gloucester County
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Table of Contents
Table of Contents
[1]
Editor’s Note: Ord. No. 1951-02, adopted 12-12-2002, consolidated the former Planning Board and Zoning Board of Adjustment of the City into one Planning Board in accordance with statute. New Jersey Land Use Law, as provided by N.J.S.A. 40:55D-24 et seq., provides that: “in a municipality having a population of 15,000 or less, a nine-member planning board, if so provided by ordinance, shall exercise, to the same extent and subject to the same restrictions, all the powers of a board of adjustment; but the Class I and the Class III members shall not participate in the consideration of applications for development which involve relief pursuant to subsection d. of section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70).”
No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he or she has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself or herself from acting on a particular matter, he or she shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
A. 
Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
B. 
Special meetings may be provided for at the call of the Chair or on the request of any two Board members, which meetings shall be held on notice to its members and the public in accordance with all applicable legal requirements.
C. 
No action shall be taken at any meeting without a quorum being present.
D. 
All actions shall be taken by majority vote of a quorum except as otherwise required by any provision of c. 291, P.L. 1975 (N.J.S.A. 40:55D-1 et seq.).
E. 
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, c. 231, P.L. 1975 (N.J.S.A. 10:4-6 et seq.).
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney; the action taken by the Board; and the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the City Clerk/Administrator. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his or her use as provided for in the rules of the Board.
[Amended 10-23-2003 by Ord. No. 1966-03]
At the time of submitting an application for a conditional use permit, zoning variance, site plan approval, general development plan approval, mixed use overlay district approval or subdivision approval, the applicant shall comply with the following:
A. 
The following fees will be charged in connection with applications filed before the Combined Planning/Zoning Board:
[Amended 9-25-2006 by Ord. No. 2039-06; 2-14-2017 by Ord. No. 2257-17]
(1) 
Bulk variance request.
(a) 
Residential: $75 per variance request plus escrow.
(b) 
Others: $150 per variance request plus escrow.
(c) 
Escrow: $300 minimum.
(2) 
Use variance request.
(a) 
Residential: $150 plus escrow.
(b) 
Others: $300 plus escrow.
(c) 
Escrow: $500 minimum.
(3) 
Subdivision.
(a) 
Minor subdivision: $100 plus $1,000 escrow minimum.
(b) 
Major subdivision: $500 plus $2,500 escrow minimum.
(4) 
Site plan.
(a) 
Minor site plan review: $300 plus $1,000 escrow minimum.
(b) 
Major site plan review: $500 plus $2,500 escrow minimum.
(5) 
Conditional use.
(a) 
Two hundred dollars plus $2,500 flat escrow.
(6) 
Presentations to Agenda Committee.
(a) 
Prior to application:
[1] 
If no advance plan review is requested: $300; or
[2] 
If plan review is requested: $300 plus escrow in an amount to be determined by the Planning Official under Subsection B.
(b) 
Pending application: Professional fees to be deducted from existing escrow.
B. 
The applicant shall deposit a sum of money as calculated in this section in escrow to provide for the payment of the cost of professional services rendered with respect to review of plans and applications and the inspection of required improvements, in accordance with the following regulations:
(1) 
Complete application; escrows. At the time of the submission of an application for development, the applicant shall submit all the required application and escrow fees as calculated in this section. The failure to pay the required escrowed fees, either initially or upon demand as hereinafter provided, shall be adequate grounds to deem an application incomplete.
(2) 
Approval; plan review fees; condition of resolution. The failure to pay plan review fees upon demand shall be grounds to deny an approval to an application. In the event an approval is granted, said approval shall be subject to the condition that the applicant shall pay any and all plan review escrow fees, said condition to be set forth in the resolution. The failure to pay the plan review fees in accordance with this section after approval shall be grounds to revoke the approval by the Board upon notice to and a hearing for the applicant.
(3) 
Approval, inspection escrows. Funds to be utilized to pay for professional services rendered with respect to the installation of and inspection of improvements shall be paid to the City for deposit in escrow prior to the signing of plans and the disturbance of soil and/or the issuance of the first construction permit, whichever comes first. The developer shall replenish the inspection escrows on the demand of the City as hereinafter set forth in this section. The failure to pay the inspection fees shall be grounds to revoke the approval by the Board upon notice to and a hearing for the applicant. For purposes of this section, appropriate Board approval shall be deemed to be "prior approval" as defined in the Uniform Construction Code. This subsection shall be a condition of any approval.
All applicants shall deposit a sum of money into an escrow account established by the City Treasurer for the purpose of paying all professional staff reviews and inspections related to all applications brought before the Combined Planning/Zoning Board. The escrow amount, which shall range between $1,000 to $5,000, will be set by the Planning Official, based on his or her reasonable assessment of the estimated costs for all professional staff reviews and inspections and applicable law. For review of applications for development proposing a site plan, the amount of the deposit shall be based on one or more of the following: the area of the site to be developed, the square footage of buildings to be constructed, or an additional factor for circulation-intensive sites, such as those containing drive-through facilities. Deposits for inspection fees shall be established in accordance with Subsection h of Section 41 of P.L. 1975, c. 291 (N. J. S. A. 40:55D-53).
Sums not utilized in the review and inspection process or other costs of administration shall be returned to the applicant. If additional sums should be deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow.
C. 
In the event that an application is denied, denied without prejudice, certified incomplete or withdrawn by the applicant, and the application is subsequently resubmitted or a second application is submitted by the same applicant for the same use and on the same site as the original application, then a new escrow amount and fee must be submitted with such application; however, if the new application is submitted within 60 days of the denial, incomplete certification or withdrawal, a new application fee will not be required.
D. 
Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the City for professional services employed by the City in review of applications for development, for municipal inspection fees in accordance with N.J.S.A. 40:55D-53 or to satisfy the guarantee requirements of N.J.S.A. 40:55D-53, 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 City. Money deposited shall be held in escrow. The City receiving the money shall deposit it in a banking institution or savings and loan association in New Jersey 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 City 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 City shall not be required to refund an amount of interest paid on the 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 be refunded to him by the City 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 the City 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.
E. 
The Chief Financial Officer of the City shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). Such fees or charges shall be based upon a schedule established by resolution. The 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 expertise of the professionals normally utilized by the City. The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of any such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements. The City approving authority shall not bill the applicant or charge any escrow account or deposit for any municipal clerical or administrative functions, overhead expenses, meeting room charges, or any other municipal costs and expenses except as provided for in this section, nor shall a municipal professional add any such charges to his or her bill. All professional staff fees will be charged in accordance with the fees and hourly rates set forth in the resolution appointing professional staff, adopted by the Combined Planning/Zoning Board at its annual reorganization meeting, and the contracts entered into pursuant to said resolution.
F. 
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 services performed, the hours spend to one-quarter-hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer of the City on a monthly basis in accordance with schedules and procedures established by the Chief Financial Officer of the City. If the services are provided by a municipal employee, the municipal employee shall prepare and submit to the Chief Financial Officer of the City a statement containing the same information as required on a voucher, on a monthly basis. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the City simultaneously to the applicant. The Chief Financial Officer of the City 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 provide on a quarterly basis if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000. If an escrow account or deposit contains insufficient funds to enable the City to perform required application reviews or improvement inspections, the Chief Financial Officer of the City 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 City and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
G. 
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 case 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. The applicant shall send written notice by certified mail to the Chief Financial Officer of the City and the approving authority, and to the relevant municipal professional, that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the City within 30 days, and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the City 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 section 1 of P.L. 1985, c.315 (N.J.S.A. 40:55D-53.1), shall be refunded to the developer along with the final accounting.
H. 
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. 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 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. 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.
I. 
If the City retains a different professional or consultant in the place of the professional originally responsible for development, application review, or inspection of improvements, the City 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 City or approving authority shall not bill the applicant or charge the deposit or the escrow account for any such services.
J. 
Any and all fees for applications or for the rendering of services by the Combined Planning/Zoning Board or any member of its administrative staff that are not otherwise provided for by ordinance may be provided for and adopted as part of the rules and regulations of the Board, and copies of said rules or of the separate fee schedule shall be available to the public.
K. 
Appeals.
(1) 
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 to the City 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-1 et seq.). The governing body or its designee shall, within a reasonable time period, attempt to remediate any disputed charges. 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 Township Engineer pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4). 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 City, approving authority, and any professional whose charge is the subject of the appeal. An applicant shall file an appeal within 45 days from the receipt of the informational copy of the professional's voucher required by Subsection c. of Section 13 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.2), 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 municipal statement of activity against the deposit or escrow account required by Subsection c. of Section 13 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.2). An applicant may file an appeal for an ongoing series of charges by a professional during a period of time 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.
(2) 
The County Construction Board of Appeals shall hear the appeal, render a decision thereon, and file its decision with a statement of the reasons therefor with the City or approving authority not later than 10 business days following the submission of the appeal, unless such period of time has been extended with the consent of the applicant. The decision may approve, disapprove, or modify the professional charges appealed from. A copy of the decision shall be forwarded by certified or registered mail to the party making the appeal, the City, the approving authority, and the professional involved in the appeal. Failure by the Board to hear an appeal and render and file a decision thereon within the time limits prescribed in this subsection shall be deemed a denial of the appeal for purposes of a complaint, application or appeal to a court of competent jurisdiction.
(3) 
The County Construction Board of Appeals shall provide rules for its procedure in accordance with this section. The Board shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, and the provisions of the "County Municipal Investigations Law," P.L. 1953, c. 37 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
(4) 
During the pendency of any appeal, the City 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 or maintenance guarantees, 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 section. The Chief Financial Officer of the City may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment to a professional or consultant who is not an employee of the municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.
[Added 12-22-2008 by Ord. No. 2093-08]
A. 
Purpose.
(1) 
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 (the Act), N.J.S.A. 52:27D-301 et seq., and the state constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.
(2) 
Pursuant to P.L. 2008, c. 46, § 8 (N.J.S.A. 52:27D-329.2) and the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have a COAH-approved spending plan may retain fees collected from nonresidential development.
(3) 
This section establishes standards for the collection, maintenance and expenditure of development fees pursuant to COAH's regulations and in accordance P.L. 2008, c. 46, §§ 8 and 32 through 38. Fees collected pursuant to this ordinance shall be used for the sole purpose of providing low- and moderate-income housing. This ordinance shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:97-8.
B. 
Basic requirements.
(1) 
This ordinance shall not be effective until approved by COAH pursuant to N.J.A.C. 5:96-5.1.
(2) 
The City of Woodbury shall not spend development fees until COAH has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and 5:96-5.3.
C. 
Definitions. The following terms, as used in this ordinance, shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a one-hundred-percent affordable development.
COAH or the COUNCIL
The New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the state.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT FEE
Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with §§ 1, 5 and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
GREEN BUILDING STRATEGIES
Those strategies that minimize the impact of development on the environment and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
D. 
Residential development fees.
(1) 
Imposed fees.
(a) 
Within all residential zoning district(s), 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.
(b) 
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers may be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. However, 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% of the equalized assessed value on the first two units; and the specified higher percentage up to 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 and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
(b) 
Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.
(c) 
Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, 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) 
Developers of residential structures demolished and replaced as a result of a natural disaster, green buildings, etc., shall be exempt from paying a development fee.
E. 
Nonresidential development fees.
(1) 
Imposed fees.
(a) 
Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, 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) 
Nonresidential developers, except for developers of the types of development specifically exempted, 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 improvement and the equalized assessed value of the newly improved structure, i.e., land and improvement, at the time 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 the development fee of 2.5%, unless otherwise exempted below.
(b) 
The fee of 2.5% shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.
(c) 
Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" form. Any exemption claimed by a developer shall be substantiated by that developer.
(d) 
A developer of a nonresidential development exempted from the non-residential development fee pursuant to P.L. 2008, c. 46 shall be subject to it at such time the basis for the exemption no longer applies and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the non-residential development, whichever is later.
(e) 
If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by the City of Woodbury as a lien against the real property of the owner.
F. 
Collection procedures.
(1) 
Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a building permit.
(2) 
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," to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The construction official shall verify the information submitted by the nonresidential developer as per the instructions provided in Form N-RDF. The tax assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
(3) 
The construction official responsible for the issuance of a building permit shall notify the local tax assessor of the issuance of the first building permit for a development which is subject to a development fee.
(4) 
Within 90 days of receipt of that notice, the municipal tax assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
(5) 
The construction official responsible for the issuance of a final certificate of occupancy notifies the local assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
(6) 
Within 10 business days of a request for the scheduling of a final inspection, the municipal 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.
(7) 
Should the City of Woodbury 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).
(8) 
The developer shall pay 100% of the calculated development fee amount prior to the municipal issuance of a final certificate of occupancy for the subject property.
(9) 
Appeal of development fees.
(a) 
A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest-bearing escrow account by the City of Woodbury. Appeals from a determination of the Board 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. Interest earned on amounts escrowed shall be credited to the prevailing party.
(b) 
A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the 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 City of Woodbury. Appeals from a determination of the Director 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. Interest earned on amounts escrowed shall be credited to the prevailing party.
G. 
Affordable Housing Trust Fund.
(1) 
There is hereby created a separate, interest-bearing housing trust fund to be maintained by the chief financial officer 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 affordable units;
(b) 
Developer-contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;
(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 City of Woodbury's affordable housing program.
(3) 
Within seven days from the opening of the trust fund account, the City of Woodbury shall provide COAH with written authorization, in the form of a three-party escrow agreement among the municipality, the bank, and COAH to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).
(4) 
All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH.
H. 
Use of funds.
(1) 
The expenditure of all funds shall conform to a spending plan approved by COAH. Funds deposited in the housing trust fund may be used for any activity approved by COAH to address the City of Woodbury's 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, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, 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, or any other activity as permitted pursuant to N.J.A.C. 5:97-87 through 5:97-8.9 and specified in the approved spending plan.
(2) 
Funds shall not be expended to reimburse the City of Woodbury for past housing activities.
(3) 
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. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region.
(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, and assistance with emergency repairs.
(b) 
Affordability assistance to households earning 30% or less of median income may include 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 median income. The use of development fees in this manner shall entitle the City of Woodbury to bonus credits pursuant to N.J.A.C. 5:97-3.7.
(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.
(4) 
The City of Woodbury 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. 5:96-18.
(5) 
No more than 20% of all revenues collected from development fees may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the Affordable Housing Trust Fund.
I. 
Monitoring. The City of Woodbury shall complete and return to COAH all monitoring forms included in monitoring requirements related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income, repayments from affordable housing program loans and any other funds collected in connection with the City of Woodbury's housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH. All monitoring reports shall be completed on forms designed by COAH.
J. 
Ongoing collection of fees. The ability for the City of Woodbury to impose, collect and expend development fees shall expire with its substantive certification unless the City of Woodbury 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. If the City of Woodbury fails to renew its ability to impose and collect development fees prior to the expiration of substantive certification, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. 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). The City of Woodbury 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 or judgment of compliance, nor shall the City of Woodbury retroactively impose a development fee on such a development. The City of Woodbury shall not expend development fees after the expiration of its substantive certification or judgment of compliance.
A. 
Rules. The Planning Board and Zoning Board of Adjustment shall make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.
B. 
Oaths. The officer presiding at the hearing or such person as he or she may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties and the provisions of the County and Municipal Investigations Law, c. 38, P.L. 1953 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
C. 
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer or his or her designate, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
D. 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
E. 
Records. Each Board shall provide for the verbatim recording of the proceedings by either a stenographer or by mechanical or electronic means. The Board shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party, at his or her expense.
[Amended 11-28-2005 by Ord. No. 2015-05]
Whenever a hearing is required on an application for development, as specified below, notice of a hearing shall be given by the developer in accordance with the regulations below:
A. 
Public notice shall be given for the following applications for development:
(1) 
Any request for a variance.
(2) 
Any request for conditional use approval.
(3) 
Any request for issuance of a permit to build within the bed of a mapped street or public drainageway or on a lot not abutting a street.
(4) 
Any request for minor or major site plan and/or subdivision approval involving one or more of the aforesaid elements.
(5) 
Any request for preliminary approval of a major subdivision or site plan.
B. 
The Administrative Officer shall notify the developer at least two weeks prior to the public hearing at which the application will be discussed. Notice of a hearing requiring public notice shall be given by the developer at least 10 days prior to the date of the hearing in the following manner:
(1) 
By publication in the official newspaper of the City, if there is one, or in a newspaper of general circulation in the City.
(2) 
By notice to all owners of real property located in the state and within 200 feet in all directions of the property which is the subject of the hearing, as such owners are shown in the current tax duplicate, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy on the property owner, as shown on the current tax duplicate, or his or her agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his or her address as shown on the current tax duplicate. It is not required that a return receipt is obtained a notice is deemed complete upon mailing.
(3) 
Notice to a partnership owner by service to any partner. Notice to a corporate owner may be made by service upon its president, vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowner's association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the public hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.
(4) 
To the clerk of any adjoining municipality or municipalities when the application for development involves property located within 200 feet of said municipality or municipalities. Notice shall be given by personal service or certified mail.
(5) 
To the Gloucester County Planning Board when the application for development involves property adjacent to an existing county road or proposed road shown on the County Official Map or on the County Master Plan, adjoining other county line or situated within 200 feet of a municipal boundary. Notice shall be given by personal service or certified mail.
(6) 
To the Commissioner of Transportation of the State of New Jersey when the property abuts a state highway. Notice shall be given by personal service or certified mail.
(7) 
To the State Planning Commission when the application for development involves property which exceeds 150 acres or 500 dwelling units, in which case the notice shall include a copy of any maps or documents required to filed with the City.
C. 
Notice of hearings on applications for approval of a major subdivision or site plan, not defined as a minor site plan by this chapter, requiring public notice pursuant to Subsection A of this section shall be given to public utilities, cable television companies or local utilities which possess a right-of-way or easement within the City and which have registered with the City in accordance with N.J.S.A. 40:55D-1 et seq. Notice shall be given by personal service or certified mail to the person whose name and address appears on the registration form.
D. 
The notice shall state the date, time and place of the hearing, the nature of the matters to be considered, an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the City Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available for inspection.
E. 
The developer shall file an affidavit of proof of service with the Planning Board or the Zoning Board of Adjustment, as the case may be.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the administrative officer of the municipality shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Article III, § 35-29B, of this chapter.
A. 
Each decision on any application for development shall be set forth in writing as a resolution of the Board which shall include findings of fact and legal conclusions based thereon.
B. 
A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant, or, if represented, then to his or her attorney without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the City Clerk/Administrator, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality.
A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be, without separate charge to the applicant. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Planning Board or to the Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.