[Ord. No. 98-6 § 2,
Art. VII § 15-43A]
The administrative officer, for the purpose of the enforcement
of this chapter, shall be the Zoning Officer, who is hereby given
the duty, power and authority to respectively enforce the provisions
of this chapter under the applicable powers and authority as provided
by law. The Zoning Officer shall examine all applications under his
or her jurisdiction and shall approve all required inspections to
ensure compliance with this chapter.
[Ord. No. 98-6 § 2,
Art. VII § 15-43B]
a.
Subdivisions. Any owner of land lying within the Borough shall, prior
to subdividing or resubdividing of land as defined in this chapter,
and before conveying legal or equitable title to such subdivision
or any part thereof, apply to the Planning Board for review and approval
of the subdivision plat pursuant to the provisions of this chapter.
b.
Site Plan. Prior to the issuance of any construction permit or certificate
of occupancy, as the case may be, for any new structure, addition
to, or alteration of an existing structure a site plan shall be submitted
to the Planning Board, or to the Board of Adjustment as provided by
statute, for its review and approval.
[Ord. No. 98-6 § 2,
Art. VII § 15-43C]
The rules, regulations and standards contained in this chapter
shall be considered the minimum requirements for the protection of
the public health, safety and welfare of the citizens of the Borough.
Any action taken by the Borough under the terms of this chapter shall
give primary consideration to the purposes and provisions of this
chapter and to the welfare of the entire community. Moreover, if an
applicant or his agent can clearly demonstrate that, because of the
peculiar conditions pertaining to his land, the literal enforcement
of one or more of these regulations is impractical or will exact undue
hardship, the appropriate municipal agency may permit such exceptions
or exceptions as may be reasonable and within the general purpose
and intent of the rules, regulations and standards established by
this chapter.
[Ord. No. 98-6 § 2,
Art. VII § 15-44]
a.
It shall be the duty of the Zoning Officer to administer and enforce
the provisions of this chapter and, in so doing, to inspect periodically
the structures and land in the Borough, to investigate violations
of the chapter coming to his attention, to serve notice upon property
owners to abate any condition found to exist in violation of any provisions(s)
of this chapter, to sign complaints where justified and to cooperate
with other Borough officials in the prosecution of violators. The
enumeration herein of the duties of the Construction Code Officer
and Zoning Officer shall not mean that other officials and employees
shall be relieved of their obligation to enforce this chapter. The
Construction Code Enforcement Official and Zoning Officer or other
Borough employees authorized by the Borough shall have the right to
inspect any lot or building at reasonable times for the purpose of
investigating possible violations of this chapter.
b.
If the Zoning Officer finds any substantial deviation from any approved
plans, he shall notify the permittee and the Borough Clerk in writing
of the deviation. The Zoning Officer and the Borough may take such
action as is provided in this chapter.
[Ord. No. 98-6 § 2,
Art. VII § 15-45]
No construction permit and no certificate of occupancy shall
be issued by the Zoning Officer except upon application therefor in
conformity with all the provisions of this chapter. No sign erection
permit shall be issued by the Zoning Officer except upon application
therefor in conformity with the terms of this chapter.
[Ord. No. 98-6 § 2,
Art. VII § 15-46A]
In the event that a permittee shall fail to comply with any
condition or regulation or provisions of an approved plan, the Borough
Engineer or the Zoning Officer may issue a stop order on all construction
work within the area encompassed by the approved plan and which order
may include requirements for the prompt correction of adverse conditions.
Thereafter, no construction work of any type shall be performed within
the area of the approved plan except such work as is in accordance
with the requirements of the Borough official as set forth in the
order or in accordance with the approved plan.
[Ord. No. 98-6 § 2,
Art. VII § 15-46B]
In the event of a failure to comply with any condition of an
approved soil erosion and sediment control plan, tree removal plan
or steep slope disturbance plan, upon recommendation of the Borough
Engineer or Zoning Officer, the Borough may revoke any construction
permit for any property upon which such noncompliance occurs or for
any property affected by such noncompliance. The Borough may also
seek to enjoin the violation, or take such other steps as permitted
by law.
[Ord. No. 98-6 § 2,
Art. VII § 15-46C]
In the event of a failure to comply with any condition of final
site plan approval, the Zoning Officer or Borough Engineer on his
or her initiative, may revoke the construction permit or certificate
of occupancy, as the case may be, and seek to enjoin the violation,
or such other steps as permitted by law.
[Ord. No. 98-6 § 2,
Art. VII § 15-47A]
Any person aggrieved by any decision or action of the Zoning
Officer or the Borough Engineer under this chapter, may appeal to
the Borough Council in writing, such appeal to be filed with the Borough
Clerk, within 10 days from the date of the decision or action complained
of. The appellant shall be entitled to a hearing before the Borough
Council, which shall fix a date therefor not less than 20 days nor
more than 30 days from the date of the decision appealed from. Upon
such hearing or within 10 days thereafter the Borough Council shall
affirm, alter or rescind the decision or action complained of with
written findings and conclusions.
[Ord. No. 98-6 § 2,
Art. VII § 15-47B]
Where the Zoning Officer or the Borough Engineer has issued
a stop order or has revoked a construction permit, the permittee shall
have a right to appeal the determination to the Borough Council. The
notice of appeal shall be filed with the Borough Clerk within 10 days
of the date of the action of the Borough Engineer or the Zoning Officer
in issuing the stop work order or revocation of the construction permit.
The Council shall, upon receipt of the notification, provide a hearing
to the permittee within 10 days of the date of the filing of the appeal
and shall render its decision upon the conclusion of the hearing and
in no case later than seven days from termination of the hearing.
[Ord. No. 98-6 § 2,
Art. VII § 15-48]
If any person violates any of the provisions of this chapter
or who fails to comply with any of the requirement thereof or who
erects, raises, moves, extends, enlarges, alters or demolishes any
structure in violation of any detailed statement or plan submitted
hereunder, or who puts into use any lot or premises in violation of
any detailed statement or plans submitted hereunder or who refuses
reasonable opportunity to inspect any premises shall, upon conviction
thereof by any court authorized by law to hear and determine the matter,
be liable to a fine of not more than $1,000, or to imprisonment for
a term of not more than 90 days, or both, as such court in its discretion
may impose. Each day during or on which a violation occurs or continues
shall be deemed a separate offense.
[Ord. No. 98-6 § 2,
Art. VII § 15-49A; Ord. No. 01-4 § 1; Ord. No. 05-14 § 1]
a.
Every application for development shall be accompanied by a payment
of a fee in accordance with a schedule hereinafter set forth. The
application charge is a flat fee to cover direct administrative expenses
and is not refundable.
b.
Where one application for development includes several approval requests,
the sum of the individual required fees shall be paid.
c.
No fees shall be returned to the applicant after public hearing has
commenced.
d.
If any applicant desires a court reporter, the cost of taking testimony
and transcribing it and providing a copy of the transcript for the
board hearing the application shall be at the expense of the applicant,
who shall arrange for the reporter's attendance.
e.
Schedule of application fees to be paid at the time of the filing
of the application.
|
Submission
|
Application Fee
| |
|---|---|---|
|
Sketch Plat for Classification/Concept Plan
|
$450
| |
|
Minor Subdivision Plat
|
$450
| |
|
Major Subdivision/Preliminary
|
$450 + $25 per lot
| |
|
Major Subdivision/Final
|
$50 + $25 per proposed lots
| |
|
Site Plan
| ||
|
1.
|
For each 20,000 square feet of lot area up to 3 acres
|
$450
|
|
2.
|
For each acre over 3 acres
|
$450
|
|
3.
|
For each 1,000 square feet of floor area up to 10,000 square
feet
|
$450
|
|
4.
|
For each 1,000 square feet of floor area over 10,000 square
feet
|
$450
|
|
Processing Fee for all applications requiring a variance, site
plan approval or subdivision
|
$100
| |
|
Variances
| ||
|
1.
|
Appeals in accordance with N.J.S.A. 40:55D-70a
|
$450
|
|
2.
|
Interpretations in accordance with N.J.S.A. 40:55D-70b
|
$450
|
|
3.
|
Hardship applications in accordance with N.J.S.A. 40:55D-70c
|
$450
|
|
4.
|
Conditional Use
|
$450
|
|
5.
|
Use in accordance with N.J.S.A. 40:55D-70d
|
$650
|
|
Amendments
| ||
|
1.
|
No expansion of building or outside facility
|
$200
|
|
2.
|
If expansion is proposed fees established for site plans apply
|
See site plan fees
|
|
Appeals pursuant to N.J.S.A. 40:55D-34 and 55D-36
|
$550
| |
[Ord. No. 98-6 § 2,
Art. VII § 15-49B]
a.
In addition to the fees set forth for the review of subdivision plans
and site plans there shall also be an inspection fee of 2.5% of the
estimated cost of improvements on site plans and an inspection fee
of 5% of the estimated cost of the improvements for subdivision as
estimated by the Borough Engineer and payable at the time of the commencement
of construction. This charge shall be for the purpose of defraying
the costs of inspections of the installation of the improvements required
by the Planning Board.
b.
All permits, determinations, resolutions or certificates of approval
are subject to the payment of all fees required in this section.
c.
All applicants or appellants other than a department, board or agency
of the Borough shall pay the applicable fees unless such fee is specifically
waived by the Borough Council. Such waivers shall only be considered
for nonprofit organizations.
[Ord. No. 98-6 § 2,
Art. VII § 15-50]
In addition to the filing fees and any other fees or payments
required by this chapter, the applicant for any development application,
appeal or other matter pursuant to this chapter shall be responsible
to reimburse the Borough for payments made to professionals for services
rendered to the Borough related to such application, appeal or other
matter. The following provisions shall apply to such payments.
a.
Initial Deposits for Professional Services. The following escrow
fees shall be collected by the Secretary at the time of the filing
of the application. These fees are to be applied for the review of
applications by the professional staff/consultants and shall include
all office review, phone correspondence, preparation of reports, conferences,
appearance at meetings, or other purposes under the provisions of
this chapter or the Municipal Land Use Law. For purposes of this section,
professional staff shall include the Borough Planner and Borough Engineer,
and such other professionals as may be deemed necessary by the Planning
Board or the Zoning Board of Adjustment to review an application.
Deposits shall be paid by personal check, certified check, cashier's
check, or bank money order. 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. In the event that there is no new schedule
of fees filed by the professionals, the schedule previously filed
by the professional shall prevail.
b.
Subsequent Deposits for Professional Services. In the event that
the amount in the individual account for professional services should
become depleted to less than 25% of the initial deposit required by
this chapter, and if the Secretary determines that additional funds
are necessary to cover the cost of processing the application, the
Secretary shall notify the applicant immediately of such depletion.
Upon receiving such notice, the applicant shall deposit additional
funds as necessary to make the amount in the account not less than
50% of the initial deposit required by this chapter for professional
services.
c.
Failure to Maintain Deposit for Professional Services. If the required
funds for professional services are not deposited in a timely manner,
the Secretary shall notify the Borough agency having jurisdiction
over the application, and shall send copies of the notification to
the Borough Finance Director. Upon receipt of the copy of notification,
the Finance Officer shall immediately inform the Mayor and Council
of the notification. 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 a Borough agency as required
by this chapter shall expire prior to the payment of the required
deposits, the reviewing agency shall have the option of dismissing
the application.
d.
Vouchers for Payment of Professional Services. All payments charged
to a deposit required by this section shall be made pursuant to written
monthly vouchers for each application from the professional(s) stating
the hours spent, the hourly rate and the expenses incurred. The Borough
shall render a written final accounting to the applicant on the uses
to which the deposit was put.
e.
Procedure for Payment of Vouchers; Appeals of Charges. The following
procedure shall apply to the payment of vouchers for professional
services pursuant to this section:
1.
Upon receipt of any vouchers for payment of professional services,
the Secretary shall submit a copy of the voucher to the applicant.
2.
Within 14 days of the mailing of the vouchers, the applicant may
request in writing a hearing on the reasonableness of the charges
contained in the vouchers. Any such hearing shall be held by the Borough
agency with jurisdiction over the application.
3.
In the event the applicant requests such hearing, no payments shall
be made pursuant to the disputed voucher(s) until the Borough agency
shall have ruled on the appeal. If the Borough agency find in favor
of the applicant, payment pursuant to the voucher(s) shall be adjusted
accordingly.
4.
All vouchers for payment of professional services pursuant to this
section shall be submitted to the Borough agency for whom the services
were performed. The Borough agency shall at a public hearing approve
or deny payment of the vouchers. No voucher shall be denied payment
without giving the professional submitting the voucher an opportunity
to be heard concerning the reasonableness of the voucher.
5.
If no hearing is requested as outlined above, or if the Borough agency
finds in favor of the professional, payment shall be made pursuant
to the voucher.
6.
If approved by the Borough agency, the voucher shall be directed
to the Borough Finance Director for reimbursement to the professional
for services rendered.
[Ord. No. 98-6 § 2,
Art. VII § 15-51; New]
a.
Before execution of the final subdivision plat, as a condition of
final site plan approval, or as a condition to the granting of a development
approval pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall
have installed all improvements required by the Planning Board, except
that the Borough Council may require and shall accept in accordance
with the standards adopted herein for the purpose of assuring the
installation and maintenance of on-tract improvements, the following:
1.
The furnishing of a performance guarantee in favor of the Borough
in an amount not to exceed 120% of the cost of installation for all
improvements not installed prior to final approval.
2.
A maximum of 10% of the total guarantee required shall be in cash.
All of the improvements shall be subject to inspection and approval
by the Borough Engineer who shall be notified by the developer at
least 48 hours prior to the start of the construction. No underground
installations shall be covered until inspected and approved.
b.
Provision for a maintenance guarantee to be posted with the Borough
Council for a period not to exceed two years after final acceptance
of the improvements, in an amount not to exceed 15% of the cost of
the improvement.
c.
The time allowed for installation of the improvements for which the
performance guarantee has been provided may be extended by the Borough
Council by resolution. As a condition or as part of any such extension,
the amount of any performance guarantee shall be increased or reduced,
as the case may be, to an amount not to exceed 120% of the cost of
installation as determined as of the time of the passage of the resolution.
d.
If the required improvements are not completed or corrected in accordance
with the performance guarantee, the obligor and surety, if any, shall
be liable thereon to the Borough for the reasonable cost of the improvements
not completed or corrected and the Borough may either prior to or
after the receipt of the proceeds thereof complete such improvements.
e.
1.
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the Borough Council in writing, by certified mail, that the Borough Engineer prepare, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection a of this section, a list of all uncompleted or unsatisfactory completed improvements. A copy of the request shall be sent to the Borough Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Borough Engineer shall inspect all improvements covered by the request and shall file a written list and report with the Borough Council, with a copy to the obligor, not later than 45 days after the receipt of the obligor's request.
2.
The list prepared by the Borough Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory, or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report shall also identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection a of this section.
f.
1.
The Borough Council, by resolution, shall either approve the improvements
determined to be complete and satisfactory by the Borough Engineer,
or reject any or all of these improvements, and shall approve and
authorize the amount of reduction to be made in the performance guarantee
relating to the improvements accepted, in accordance with the itemized
cost estimate prepared by the Borough Engineer. This resolution shall
be adopted not later than 45 days after receipt of the list and report
prepared by the Borough Engineer. Upon adoption of the resolution
by the Borough Council, the obligor shall be released from all liability
pursuant to its performance guarantee, with respect to those approved
improvements, except for that portion adequately sufficient to secure
completion or correction of the improvements not yet approved, provided
that 30% of the amount of the performance guarantee posted may be
retained to ensure completion of all acceptability of all acceptability
of all improvements.
2.
In the event that the obligor has made a cash deposit with the Borough or approving authority as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this Subsection f shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee.
g.
If any portion of the required improvements is rejected, the approving
authority may require the obligor to complete or correct such improvements
and, upon completion or correction, the same procedure of notification,
as set forth in this section shall be followed.
h.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination or lack
of a determination of the Borough Council or Engineer.
i.
The obligor shall reimburse the Borough for all reasonable inspection
fees paid to the Borough Engineer for the foregoing inspection of
improvements; provided that the Borough may require of the developer
a deposit for the inspection fees in an amount 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 section
15 of P.L. 1991, c. 256 (C. 40:55D-53.4). For those developments for
which the reasonably anticipated fees are less than $10,000, fees
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 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 Borough Engineer for inspection,
the developer shall deposit the remaining 50% of the anticipated inspection
fees. For those developments for which the reasonably anticipated
fees are $10,000 or greater, fees 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 Borough Engineer for inspection, the developer shall make
additional deposits of 25% of the reasonably anticipated fees. The
Borough Engineer shall not perform any inspection if sufficient funds
to pay for those inspections are not on deposit.
j.
In the event that final approval is by stages or sections of development pursuant to Subsection a of section 29 of P.L. 1975, c. 291 (C. 40:55D-38), the provisions of this section shall be applied by stage or section.
k.
To the extent that any of the improvements have been dedicated to the Borough on the subdivision plat or site plan, the Borough Council shall be deemed, upon the release of any performance guarantee required pursuant to Subsection a of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Borough Engineer.
l.
Building permits in a subdivision or site plan or approved subsection
thereof, except for model buildings in the first subsection, will
be issued only when all improvements, with the exception of the following,
shall have been installed to serve all lots and structures within
the subdivision or site plan or approved subsection thereof and approved
by the Borough Engineer:
m.
Permits for model buildings in the front subsection or 10% of the
total number to be built in the subsection, whichever is less, not
to exceed six, may be issued on commencement of construction of improvements.
n.
Installation of sidewalks on a lot shall be completed prior to the
issuance of a certificate of occupancy for that lot.
o.
Notwithstanding any provision of this chapter to the contrary, upon
completion of all improvements but prior to acceptance by the Borough
Council of such improvements and prior to the release of any performance
guarantee which may have been posted, deeds must be received, free
and clear of all mortgages and encumbrances, for all fee and other
property interests and improvements to be conveyed to the Borough.
p.
A site plan bond shall be posted prior to earth disturbance.
[Ord. No. 98-6 § 2,
Art. VII § 15-52]
a.
Within 90 days of the adoption of a resolution granting final subdivision
approval and prior to the execution of the final subdivision plat,
there shall be executed and delivered to the Borough an agreement
between the developer and the Borough incorporating all of the terms
and conditions of final approval. The agreement shall be drawn by
the Borough and shall be executed by the owner and developer of the
subdivision.
b.
In the event that all of the improvements have not been installed
within the time period set forth in the developer's agreement, the
developer may request, in writing, to the Borough Council, a one year
extension of the time in which to complete all improvements. No more
than two such extensions will be considered unless the developer's
agreement shall be accompanied by an application fee of $300 to cover
the engineering and legal fees associated with the processing of the
application.
[Ord. No. 98-6 § 2,
Art. VII § 15-53]
a.
Pursuant to the powers established in N.J.S.A. 40:55D-42, the following
standards are hereby promulgated with respect to determining the proportionate
or pro-rata share of an applicant for a required off-tract improvement.
Prior to the granting of final approval of a subdivision, the applicant
shall have installed or made cash payments, in the manner provided
for below with respect to the immediate or ultimate installation of
any required off-tract improvement.
1.
Allocation of Costs; Criteria in Determining Allocation. The allocation
or costs for off-tract improvements as between the applicant, other
property owners and the Borough, or any one or more of the foregoing,
shall be determined by the Planning Board with the assistance of the
appropriate Borough agencies on the basis of the total cost of the
off-tract improvements, the increase in market values of property
affected and any other benefits conferred, the needs created by the
application, population and land use projections for the general area
of the applicant's property and other areas to be served by the off-tract
improvements, the estimated time of construction of the off-tract
improvements and the condition and periods of usefulness, which periods
may be based upon the criteria of N.J.S.A. 40A:22-2. The following
criteria may also be considered as well as any other reasonable criteria
which would aid in the determination:
(a)
Street, curb, gutter, sidewalk, shade trees, street lights,
street signs and traffic light improvements may also be based upon
the anticipated increase of traffic generated by the application and
the anticipated benefit thereto.
(b)
Drainage facilities may also be based upon or be determined
by the drainage created by or affected by any particular land use
considering: (a) the percentage relationship between the acreage of
the application and the acreage of the total drainage basin; (b) the
use of a particular site and the amount of area to be covered by impervious
surfaces on the site itself; and (c) the use, condition or status
of the remaining area of the drainage basin.
2.
Improvements to be Construed at the Sole Expense of the Applicant.
In cases where reasonable and necessary need for an off-tract improvement
or improvements is necessitated or required by the proposed development
application and where no other property owners receive a special benefit
thereby, the Board may require the applicant, as a condition of approval,
at the applicant's expense, to provide for and construct such improvements
as if such were on-tract improvements in the manner provided hereafter
and as otherwise provided by law.
3.
Payment of Allocated Costs.
(a)
Form. In the event that the improvement required shall be constructed
as a general or a local improvement, the estimated cost of the off-tract
improvement allocated to the applicant shall be deposited with the
municipality in the form of cash. The deposit shall be paid by the
subdivider to the Borough Treasurer who shall provide a suitable depository
therefor, and such funds shall be used only for the off-tract improvements
for which they are deposited or shall be refunded to the subdivider
as hereinafter set forth.
4.
Deposit of Funds. All funds paid by an applicant pursuant to this
chapter shall be used only for the improvements for which they are
deposited or improvements serving the same purpose.
5.
Redetermination of Assessment upon Completion of Improvements. Upon
completion of off-tract improvements required pursuant to this chapter,
the applicant's liability hereunder shall be recalculated in accordance
with the actual as compared with the estimated cost of the improvements.
To the extent that such recalculation shall increase or decrease the
amount of any cash deposit made by the applicant hereunder, the applicant
shall forthwith either pay the amount of such increase to the municipality,
or the municipality shall forthwith refund the amount of such decrease
to the applicant.
b.
Omissions. Omissions from the bond of any improvement will in no
way be construed as to relieve the developer from his legal obligation
to conform to the required improvements as provided for in this chapter.
c.
Certification. Prior to the final acceptance of any of the required
improvements by the Borough the subdivision owner or owners shall
have submitted satisfactory affidavits certifying that no unpaid bills,
liability or liens against such improvements and installations are
outstanding.
[Ord. No. 98-6 § 2,
Art. VII § 15-54]
The submission of an application for either preliminary or final
plat approval shall be accompanied by a completed application form
and the appropriate completed checklist as adopted as part of this
chapter. (See Appendix A)[1]
[1]
Editor's Note: Appendix A, referred to herein, is included as an attachment to this chapter.
[Ord. No. 98-6 § 2,
Art. VII § 15-55]
a.
In case any structure is erected, altered, converted or maintained
or any structure or land is used in violation of this chapter, the
Borough or an interested party may institute appropriate action to
prevent such unlawful erection, alteration, conversion, maintenance
or use; to restrain, correct or abate such violation; to prevent the
occupancy of the structure or land; and to prevent any illegal act,
conduct, business or use in or about such premises. Any person convicted
of such violations before a court of competent jurisdiction shall
be subject to a penalty not to exceed $500 and/or 90 days in jail.
Each day shall be deemed a separate violation.
b.
If before final subdivision approval any person as owner or agent
transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision for which
municipal approval is required, such persons shall be subject to a
penalty not to exceed $1,000 and each lot disposition so made may
be deemed a separate violation.
c.
In addition, the Borough may institute and maintain a civil action:
1.
For injunctive relief.
2.
To set aside and invalidate any conveyance made pursuant to such
a contract of sale if a certificate of compliance has not been issued
in accordance with N.J.S.A. 40:55D-56, but only if the municipality
has a Planning Board and has adopted, by ordinance standards and procedures
in accordance with N.J.S.A. 40:55D-38.
d.
In any such action, the transferee, purchaser or grantee shall be
entitled to a lien upon the portion of the land from which the subdivision
was made that remains in the possession of the developer or his assigns
or successors, to secure the return of any deposits made or purchase
price paid and, also, a reasonable search fee, survey expense and
title closing expense, if any. Any such action must be brought within
two years after the date of the recording of the instrument of transfer,
sale or conveyance of the land or within six years if unrecorded.
[Ord. No. 10-3 § 1; Ord. No. 10-17 § 1]
a.
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.
b.
Pursuant to P.L. 2008, c. 46 section 8 (C. 52:27D-329.2) and the
Statewide Non-Residential Development Fee Act (C. 40:55D-8.1 through
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.
c.
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, Sections 8 and 32-38. 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, codified
at N.J.A.C. 5:97-8.
[Ord. No. 10-3 § 2; Ord. No. 10-17 § 2]
[Ord. No. 10-3 § 3; Ord. No. 10-17 § 3]
The following terms, as used in this section, shall have the
following meanings:
Shall mean 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 100% affordable
development.
Shall mean 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.
Shall mean 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.
Shall mean money paid by a developer for the improvement
of property as permitted in N.J.A.C. 5:97-8.3.
Shall mean 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 (C . 54:1-35a through C.
54:1-35c).
Shall mean 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.
[Ord. No. 10-3 § 4; Ord. No. 10-17 § 4]
a.
Imposed Fees.
1.
Within the R-A, R-B, R-C, R-D, R-E and R-F Districts, 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.
2.
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.
b.
Eligible Exactions, Ineligible Exactions and Exemptions for Residential
Development.
1.
Affordable housing developments, developments where the developer
is providing for the construction of affordable units elsewhere in
the municipality, and developments where the developer has made a
payment in lieu of on-site construction of affordable units shall
be exempt from development fees.
2.
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.
3.
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.
4.
Developers of one- or two-family owner-occupied dwelling units shall
be exempt from paying a development fee.
5.
Owner-occupied residential structures demolished and replaced as
a result of a fire, flood or natural disaster shall be exempt from
paying a development fee.
[Ord. No. 08-29 §§ 1,
2; Ord. No. 10-3 § 5; Ord. No. 10-17 § 5]
a.
Imposed Fees.
1.
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.
2.
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 non-residential 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 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.
b.
Eligible Exactions, Ineligible Exactions and Exemptions for Nonresidential
Development.
1.
The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to the 2.5% development fee, unless
otherwise exempted below.
2.
The 2.5% fee shall not apply to an increase in equalized assessed
value resulting from alterations, change in use within existing footprint,
reconstruction, renovations and repairs.
3.
Nonresidential developments shall be exempt from the payment of non-residential
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.
4.
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 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 Fairview as a lien against the real property
of the owner.
[Ord. No. 10-3 § 6; Ord. No. 10-17 § 6]
a.
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.
b.
For nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption" 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 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.
d.
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.
e.
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.
f.
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.
g.
Should Fairview 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 (C. 40:55D-8.6).
h.
50% of the development fee shall be collected at the time of issuance
of the building permit. The remaining portion shall be collected at
the issuance of the certificate of occupancy. The developer shall
be responsible for paying the difference between the fee calculated
at building permit and that determined at issuance of 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 Fairview. 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.
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 Fairview. 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.
[Ord. No. 10-3 § 7; Ord. No. 10-17 § 7]
a.
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.
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 affordable units;
2.
Developer contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible;
3.
Rental income from municipally operated units;
4.
Repayments from affordable housing program loans;
5.
Recapture funds;
6.
Proceeds from the sale of affordable units; and
7.
Any other funds collected in connection with Fairview's affordable
housing program.
c.
Within seven days from the opening of the trust fund account, Fairview
shall provide COAH with written authorization, in the form of a three-party
escrow agreement between 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).
d.
All interest accrued in the housing trust fund shall only be used
on eligible affordable housing activities approved by COAH.
[Ord. No. 08-29 § 3; Ord. No. 10-3 § 8; Ord. No. 10-17 § 8]
a.
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 Fairview'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. 5:97-8.7 through
8.9 and specified in the approved spending plan.
b.
Funds shall not be expended to reimburse Fairview for past housing
activities.
c.
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.
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.
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.
3.
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.
d.
Fairview 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.
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 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.
[Ord. No. 10-3 § 9; Ord. No. 10-17 § 9]
Fairview 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 Fairview'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.
[Ord. No. 08-29 § 4; Ord. No. 10-3 § 10; Ord. No. 10-17 § 10]
The ability for Fairview to impose, collect and expend development
fees shall expire with its substantive certification unless Fairview
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 Fairview 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 section 20 of P.L. 1985, c. 222
(C. 52:27D-320). Fairview 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 Fairview retroactively impose a
development fee on such a development. Fairview shall not expend development
fees after the expiration of its substantive certification or judgment
of compliance.
