[Ord. No. 95-22 § 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, N.J.S.A.
52:270-301 et seq. and the State Constitution, subject to the imposition
of rules by COAH. The purpose of this chapter is to establish standards
for the collection, maintenance and expenditure of development fees
pursuant to COAH's adopted rules. Fees collected pursuant to
this chapter 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. COAH has authorized
the Township to adopt this ordinance.
[Ord. No. 95-22 § 2; Ord. No. 05-16A §§ 1,3; Ord. No. 10-11 § 1]
A. Residential development fees shall be imposed on developers
in the amount of 1.5% of the equalized assessed value of any eligible
residential activity.
B. If a "d" variance is granted pursuant to N.J.S.A. 40:55D-70d(5),
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 1.5%. However, if the
zoning on a site has changed during the two-year period preceding
the filing of the "d" variance application, the base density for purposes
of calculating the bonus development fee shall be the highest density
permitted by right during the two years preceding the filing of the
"d" variance application.
[Ord. No. 95-22 § 3; Ord. No. 05-16A §§ 2, 3; Ord. No. 10-11 § 2]
A. Nonresidential fees shall be imposed on developers in
the amount of 2.5% of the equalized assessed value of any eligible
nonresidential activity pursuant to the Statewide Nonresidential Development
Fee Act, P.L. 2008 c. 46, subject to the suspension and refund provisions
of the Economic Stimulus Act of 2009, P.L. 2009, c. 90.
B. If a "d" variance is granted pursuant to N.J.S.A. 40:55D-70d(4),
then the additional floor area 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 preceding the filing
of the "d" variance application, the floor area for purposes of calculating
the bonus development fee shall be the highest floor area permitted
by right during the two years preceding the filing of the "d" variance
application.
The increased fees imposed by this Ordinance No. 05-16A shall
apply to all developers applying for building permits on the effective
date of the respective ordinance and thereafter.
[Ord. No. 95-22 § 8]
The Township shall complete and return to the Council all monitoring
forms related to the collection of development fees, expenditures
of revenues and implementation of the spending plan certified by the
Council. Quarterly financial reports and annual program implementation
and auditing reports shall be completed by the Township on forms designed
by the Council.