[HISTORY: Adopted by the Township Committee
of the Township of Wyckoff as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-10-1990 by Ord. No. 1082]
[Amended 6-3-1991 by Ord. No. 1115; 11-18-1991 by Ord. No.
1127; 2-2-1993 by Ord. No. 1154; 12-5-1995 by Ord. No. 1234; 11-2-1998 by Ord. No. 1301; 12-1-1998 by Ord. No. 1305; 10-17-1999 by Ord. No.
1331; 10-17-2000 by Ord. No. 1364; 6-19-2001 by Ord. No. 1394; 10-2-2001 by Ord. No. 1401; 3-4-2003 by Ord. No. 1428]
The fees for certain services of the various
departments of municipal government which are not provided for in
other chapters of the Township of Wyckoff shall be as follows:
A.
Services of the Township Clerk:
(1)
For certifying any public records, such as ordinances,
resolutions, minutes and other public documents: $2 per each certification.
(2)
Landlord/tenant registration: $25 per block/lot.
(3)
Miscellaneous certification: Each request for written
clarification of any sort. This shall include, but not be limited
to sewer assessment and/or sewer availability information and letters
to the Department of Motor Vehicles regarding livery requirements
and shall be $35 each.
(4)
Notary: no charge to Wyckoff residents; $1 to all
others.
(5)
Fee to utilize the patio area of the Rose Garden and/or the gardens
of Wyckoff Nature Sanctuary for photographs: $200 per hour when scheduled
and approved through the Township Clerk.
[Added 10-16-2012 by Ord. No. 1700]
(6)
Fee to utilize the patio area of the Gardens at Wyckoff and nonexclusive
use of the parking lot for an up to two-hour period for a wedding
ceremony when scheduled through the Township Clerk shall be a nonrefundable
fee of $750 with a refundable deposit of $200 if all litter is removed
after the ceremony. No more than 25 persons may be present and 12
vehicles parked in the parking lot.
[Added 4-28-2015 by Ord.
No. 1769]
B.
Services of others, fees collected by the Tax Collector:
[Amended 6-20-2005 by Ord. No. 1503; 3-1-2016 by Ord. No. 1792; 8-17-2021 by Ord. No. 1944; 10-5-2021 by Ord. No. 1950]
(1)
Affordable housing original sales/rental fee (to be
paid by developer): $800 per each certification for rental, and $1,000
upon contract signing.
(3)
Project set-up –affirmative marketing, pricing,
etc., per development or per development phase: For projects with
five affordable housing units or fewer the fee is $500. For projects
with more than five affordable housing units the fee is $1,000 (to
be paid by developer).
(4)
Calculation of affordable housing maximum refinance
fee: $175.
(5)
Certificate of occupancy for affordable housing unit
resale: $80.
(6)
Zoning permits for each business (all business and
industrial zones): $75.
(7)
Certificate of occupancy for each adult condominium
unit resale: $80.
(8)
Miscellaneous certifications. The fee for each request
for written certification of any sort shall be $35. This shall include
but not be limited to requests for floodplain information, availability
of sewers, or inquiries in requirement for certificates of occupancy
upon resale of residential property.
(9)
Fence zoning permit fee for all fences, other than
pool fences, up to six feet in height: $22 per $1,000 of value ($40
minimum fee).
(10)
Shed zoning permit fee for all sheds under 100
square feet: $55.
(11)
Zoning permit for residential uses: $75.
D.
Charge for returned checks. For each check returned
for insufficient funds or any other reason, payable in cash to the
Treasurer: $15.
E.
Charge for the faxing of public records. The charge
for the faxing of public records shall be $1 per page.
F.
Services
of the Police Department.
[Added 6-21-2001 by Ord.
No. 1655]
G.
Charge
for use of the Larkin House:
[Added 4-3-2012 by Ord. No. 1686; amended 3-15-2016 by Ord. No. 1795]
(1)
After
review and approval of application submitted to the Township Clerk;
$75 per event, per day.
(2)
Notwithstanding
the above, there shall be no charge for the use of the Larkin House
by the Wyckoff Seniors Citizens' Club, the Wyckoff Community Emergency
Response Team and/or any other Wyckoff organization as determined
by the governing body in its discretion.
Nothing herein shall be construed as requiring
the above-named officers/employees to certify or issue any copy of
any record unless the same is a public record.
All sums collected under this article shall
be considered the funds of the Township of Wyckoff and shall be paid
by the respective officers/employees to the Treasurer of the Township
within 48 hours of receipt thereof.
In the event that an applicant for any license
or permit to be issued by the Township of Wyckoff is the owner of
the premises upon which the licensed or permitted activity is to take
place, no license or permit shall be issued to such applicant until
any and all delinquent property taxes or assessment are paid in full
on the property wherein the activity for which the license or permit
is sought or is to be conducted. Any outstanding licenses or permits
issued by the Township of Wyckoff shall be revoked or suspended in
the event that the license or permitted business or activity is conducted
upon the premises by the owner thereof and the owner has failed to
pay the taxes due on the property for at least three consecutive quarters.
A.
The provisions of this section shall not apply to or include permits issued to a real estate broker for the erection of a sign on the premises in question to advertise the same for sale or lease, any alcoholic beverage license or permit issued pursuant to the Alcoholic Beverage Control Act, N.J.S.A. 33:1-1, et seq.; dog licenses issued pursuant to N.J.S.A. 4:19-15.1 et seq.; and cat licenses issued pursuant to Chapter 106 of the Code of the Township of Wyckoff.
B.
The provisions of this section shall apply to the
issuance of permits or licenses provided for under any section or
chapter of the Code of the Township of Wyckoff, including but not
limited to building or construction permits, certificates of occupancy
and signed permits, unless accepted herein.
[Adopted 11-20-2018 by Ord. No. 1866[1]]
[1]
Editor's Note: This ordinance superseded former
Art. II, Development Fees, adopted 6-1-2010 by Ord. No. 1615.
This article establishes standards for the collection, maintenance,
and expenditure of development fees that are consistent with COAH's
regulations developed in response to P.L. 2008, c. 46, Sections 8
and 32-38 (N.J.S.A. 52:27D-329.2) and the Statewide Nonresidential-Development
Fee Act (N.J.S.A. 40:55D-8.l through 8.7). Fees collected pursuant
to this article shall be used for the sole purpose of providing very-low-,
low- and moderate-income housing in accordance with a court-approved
spending plan.
The following terms, as used in this article, shall have the
following meanings:
A development included in the Housing Element and Fair Share
Plan or developed in accordance with the mandatory set-aside regulations
in the Affordable Housing Ordinance,[1] and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable housing development.
The New Jersey Council on Affordable Housing established
under the Fair Housing Act.
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.
Money paid by a developer for the improvement of property
as authorized by Holmdel Builder's Association v. Holmdel Township,
121 N.J. 550 (1990) and the Fair Housing Act of 1985, N.J.S.A. 52:27d-301,
et seq., as subsequently regulated by applicable COAH Rules.
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 Sections 1,
5, and 6 of P.L. 1973, c.123 (N.J.S.A. 54:1-35a through N.J.S.A. 54:1-35c).
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.
A.
Imposition of fees.
(1)
Within the Township of Wyckoff, all residential developers, except for developers of the types of developments specifically exempted below and developers of developments that include affordable housing, shall pay a fee of 1.5% of the equalized assessed value for all new residential development except where an increased residential density is permitted (see Subsection A(2) below). Development fees shall also be imposed and collected when an additional dwelling unit is added to an existing residential structure (but no increase in the permitted density is involved); in such cases, the fee shall be calculated based on the increase in the equalized assessed value of the property due to the additional dwelling unit.
(2)
When an increase in residential density is permitted pursuant to
a "d" variance granted under N.J.S.A. 40:55D-70d(5), developers shall
be required to pay a "bonus" development fee of 6% of the equalized
assessed value for each additional unit that may be realized, except
that this provision shall not be applicable to a development that
will include affordable housing. If the zoning on a site has changed
during the two-year period preceding the filing of such a variance
application, the base density for the purposes of calculating the
bonus development fee shall be the highest density permitted by right
during the two-year period preceding the filing of the variance application.
B.
Eligible exactions, ineligible exactions and exemptions for residential
developments.
(1)
Affordable housing developments and/or developments where the developer
has made a payment in lieu of on-site construction of affordable units,
if permitted by ordinance or by agreement with the Township of Wyckoff,
shall be exempt from the payment of development fees.
(2)
Developments that have received preliminary or final site plan approval
prior to the adoption of this article shall be exempt from the payment
of development fees under this article (but shall nevertheless be
subject to the payment of development fees in accordance with the
development fee ordinance applicable at the time of such approval),
unless the developer seeks a substantial change in the original approval.
Where site plan approval is not applicable, the issuance of a zoning
permit and/or construction permit shall be synonymous with preliminary
or final site plan approval for the purpose of determining the right
to an exemption. In all cases, the applicable fee percentage shall
be determined based upon the development fee ordinance in effect on
the date that the construction permit is issued.
(3)
Development fees shall be imposed and collected whenever an existing structure undergoes a change to a more intense use, is demolished and replaced (except as provided at Subsection B(4) below) 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 or replacement structure as compared to the previous structure.
(4)
Homes replaced as a result of a natural disaster (such as a fire
or flood) shall be exempt from the payment of a development fee.
A.
Imposition of fees.
(1)
Within all zoning districts, nonresidential developers, except for
developers of the types of developments specifically exempted below,
shall pay a fee equal to 2.5% of the equalized assessed value of the
land and improvements, for all new nonresidential construction on
an unimproved lot or lots.
(2)
Within all zoning districts, nonresidential developers, except for
developers of the types of developments specifically exempted below,
shall also pay a fee equal to 2.5% of the increase in equalized assessed
value resulting from any additions to existing structures to be used
for nonresidential purposes.
(3)
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 pre-existing land and improvements and the equalized
assessed value of the newly improved structure, i.e., land and improvements,
and such calculation shall be made at the time a final certificate
of occupancy is issued. If the calculation required under this section
results in a negative number, the nonresidential development fee shall
be zero.
B.
Eligible exactions, ineligible exactions and exemptions for non-residential
development.
(1)
The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to a 2.5% development fee, unless
otherwise exempted below.
(2)
The 2.5% development fee shall not apply to an increase in equalized
assessed value resulting from alterations, change in use within the
existing footprint, reconstruction, renovations and repairs.
(3)
Nonresidential developments shall be exempt from the payment of nonresidential
development fees in accordance with the exemptions required pursuant
to the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1
through 8.7), as specified in Form N-RDF "State of New Jersey Nonresidential
Development Certification/Exemption." Any exemption claimed by a developer
shall be substantiated by that developer.
(4)
A developer of a nonresidential development exempted from the nonresidential
development fee pursuant to the Statewide Nonresidential Development
Fee Act shall be subject to the fee at such time as the basis for
the exemption no longer applies, and shall make the payment of the
nonresidential development fee, in that event, within three years
after that event or after the issuance of the final certificate of
occupancy for the nonresidential development, whichever is later.
(5)
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 Township of Wyckoff as a lien against the
real property of the owner.
A.
Upon the granting of a preliminary, final or other applicable approval
for a development, the approving authority or entity shall notify
or direct its staff to notify the construction official responsible
for the issuance of a construction permit.
B.
For nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF "State of New Jersey Nonresidential
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 the Form N-RDF. The Tax Assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
C.
The construction official responsible for the issuance of a construction
permit shall notify the Township Tax Assessor of the issuance of the
first construction permit for a development which is subject to a
development fee.
D.
Within 90 days of receipt of such notification, the Township Tax
Assessor shall prepare an estimate of the equalized assessed value
of the development based on the plans filed.
E.
The construction official responsible for the issuance of a final
certificate of occupancy shall notify the Township Tax Assessor of
any and all requests for the scheduling of a final inspection on a
property which is subject to a development fee.
F.
Within 10 business days of a request for the scheduling of a final
inspection, the Township Tax Assessor shall confirm or modify the
previously estimated equalized assessed value of the improvements
associated with the development; calculate the development fee; and
thereafter notify the developer of the amount of the fee.
G.
Should the Township of Wyckoff 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 Section 37 of P.L. 2008, c.46 (N.J.S.A.
40:55D-8.6).
H.
Except as provided in § 113-9A(3) hereinabove, 50% of the initially calculated development fee shall be collected at the time of issuance of the construction permit. The remaining portion shall be collected at the time of issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at the time of issuance of the construction permit and that determined at the time of issuance of the certificate of occupancy.
I.
Appeal of development fees
(1)
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 Township of Wyckoff. 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.R.S. 54:48-1, et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
(2)
A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest bearing escrow account by the Township of
Wyckoff. 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.R.S. 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.
A.
The Township of Wyckoff has established a separate, interest-bearing
Affordable Housing Trust Fund that is maintained by the Chief Financial
Officer of the Township of Wyckoff for the purpose of depositing development
fees collected from residential and nonresidential developers and
proceeds from the sale of units with extinguished controls.
B.
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
(1)
Payments in lieu of on-site construction of a fraction of an affordable
unit, where permitted by ordinance or by agreement with the Township
of Wyckoff;
(2)
Funds contributed by developers to make 10% of the adaptable entrances
in a townhouse or other multistory attached dwelling unit development
accessible;
(3)
Rental income from municipally operated units, if applicable;
(4)
Repayments from affordable housing program loans, if applicable;
(5)
Recapture funds, if applicable;
(6)
Proceeds from the sale of affordable units, if applicable; and
(7)
Any other funds collected in connection with Wyckoff's affordable
housing program.
C.
In the event of a failure by the Township of Wyckoff to comply with
trust fund monitoring and reporting requirements or to submit accurate
monitoring reports; or a failure to comply with the conditions of
the judgment of compliance or a revocation of the judgment of compliance;
or a failure to implement the approved spending plan and to expend
funds within the applicable required time period as set forth in In
re Tp. of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (aff'd 442 N.J.
Super. 563); or the expenditure of funds on activities not approved
by the court; or for other good cause demonstrating the unapproved
use(s) of funds, the court may authorize the State of New Jersey,
Department of Community Affairs, Division of Local Government Services
(LGS), to direct the manner in which the funds in the Affordable Housing
Trust Fund shall be expended, provided that all such funds shall,
to the extent practicable, be utilized for affordable housing programs
within the Township of Wyckoff, or, if not practicable, then within
the county or the housing region.
(1)
Any party may bring a motion before the Superior court presenting
evidence of such condition(s), and the Court may, after considering
the evidence and providing the municipality a reasonable opportunity
to respond and/or to remedy the noncompliant condition(s), and upon
a finding of continuing and deliberate noncompliance, determine to
authorize LGS to direct the expenditure of funds in the Trust Fund.
The court may also impose such other remedies as may be reasonable
and appropriate to the circumstances.
D.
Interest accrued in the Affordable Housing Trust Fund shall only
be used to fund eligible affordable housing activities approved by
the court.
A.
The expenditure of all funds shall conform to a spending plan approved
by the court.· Funds deposited in the Affordable Housing Trust
Fund may be used for any activity approved by the court to address
the Township of Wyckoff'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; housing rehabilitation;
new construction of affordable housing units and related costs; accessory
apartments; a market to affordable program; 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, subject to applicable
restrictions; and/or any other activity permitted by the court and
specified in the approved spending plan.
B.
Funds shall not be expended to reimburse the Township of Wyckoff
for past housing activities.
C.
At least 30% of all development fees collected and interest earned
on such fees 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 the median income
for Housing Region 3, in which Wyckoff is located.
(1)
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. The specific programs
to be used for affordability assistance shall be identified and described
within the spending plan.
(2)
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 specific programs
to be used for very-low-income affordability assistance shall be identified
and described within the spending plan.
(3)
Payments in lieu of constructing affordable housing units on site,
if permitted by ordinance or by agreement with the Township of Wyckoff,
and funds from the sale of units with extinguished controls shall
be exempt from the affordability assistance requirement.
D.
The Township of Wyckoff may contract with a private or public entity
to administer any part of its Housing Element and Fair Share Plan,
including its programs for affordability assistance.
E.
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 consultants' fees
necessary to develop or implement a new construction program, prepare
a Housing Element and Fair Share Plan, and/or administer an affirmative
marketing program or a rehabilitation program.
(1)
In the case of a rehabilitation program, the administrative costs
of the rehabilitation program shall be included as part of the 20%
of collected development fees that may be expended on administration.
(2)
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 related to securing
or appealing a judgment from the court are not eligible uses of the
Affordable Housing Trust Fund.
The Township of Wyckoff shall provide annual reporting of Affordable
Housing Trust Fund activity to the State of New Jersey, Department
of Community Affairs, Council on Affordable Housing or Local Government
Services or other entity designated by the State of New Jersey, with
a copy provided to Fair Share Housing Center and posted on the municipal
website, using forms developed for this purpose by the New Jersey
Department of Community Affairs, Council on Affordable Housing or
Local Government Services. The reporting shall include an accounting
of all Affordable Housing Trust Fund activity, including the sources
and amounts of funds collected and the amounts and purposes for which
any funds have been expended. Such reporting shall include an accounting
of development fees collected from residential and nonresidential
developers, payments in lieu of constructing affordable units on site
(if permitted by ordinance or by agreement with the Township), funds
from the sale of units with extinguished controls, barrier free escrow
funds, rental income from Township owned affordable housing units,
repayments from affordable housing program loans, and any other funds
collected in connection with Wyckoff's affordable housing programs,
as well as an accounting of the expenditures of revenues and implementation
of the spending plan approved by the court.
A.
The ability for the Township of Wyckoff to impose, collect and expend
development fees shall expire with the expiration of the repose period
covered by its judgment of compliance unless the Township of Wyckoff
has first filed an adopted Housing Element and Fair Share Plan with
the court or with a designated state administrative agency, has petitioned
for a judgment of compliance from the court or for substantive certification
or its equivalent from a state administrative agency authorized to
approve and administer municipal affordable housing compliance and
has received approval of its development fee ordinance from the entity
that will be reviewing and approving the Housing Element and Fair
Share Plan.
B.
If the Township of Wyckoff fails to renew its ability to impose and
collect development fees prior to the expiration of its judgment of
compliance, it may be subject to forfeiture of any or all funds remaining
within its Affordable Housing Trust Fund. Any funds so forfeited shall
be deposited into the ''New Jersey Affordable Housing Trust Fund"
established pursuant to Section 20 of P.L. 1985, c. 222 (N.J.S.A.
52:27D-320).
C.
The Township of Wyckoff shall not impose a residential development
fee on a development that receives preliminary or final site plan
approval after the expiration of its judgment of compliance, nor shall
the Township of Wyckoff retroactively impose a development fee on
such a development. The Township of Wyckoff also shall not expend
any of its collected development fees after the expiration of its
judgment of compliance.
