[Ord. No. 856 § 1]
This section shall be known, and may be cited, as the "Development
Fee Ordinance of the Borough of Haworth."
[Ord. No. 856 § 2]
In Holmdel Builder's Ass'n 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. 52:27-D-301
et seq., and the State Constitution subject to the Council on Affordable
Housing's (COAH) developing rules. The purpose of this section is
to establish standards for the collection, maintenance and expenditure
of development fees pursuant to COAH's rules. Fees collected pursuant
to this ordinance 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.
[Ord. No. 856 § 3]
The definitions of terms used in this section are the definitions set forth in subsection 26-301, Definitions and Word Usage of this chapter.
[Ord. No. 856 § 4; Ord. No. 2016-09]
a.
Within all Zoning Districts, developers shall pay a development fee of one and one-half (1.5%) percent of the equalized assessed value of any eligible residential activity pursuant to subsection 26-1101.7.
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 one and one-half (1.5%) percent 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.
[Ord. No. 856 § 5; Ord. No. 2016-09]
Developers within all Zoning Districts shall pay a fee of two and one-half (2.5%) percent of equalized assessed value for eligible nonresidential activities pursuant to subsection 26-1101.7.
[Ord. No. 856 § 6]
a.
Developers of low and moderate income units shall be exempt from
paying development fees.
b.
Developers that expand an existing structure shall be exempt from
paying a development fee.
c.
Developers that have received preliminary or final approval prior
to the effective date of this section shall be exempt from paying
a development fee unless the developer seeks a substantial change
in the approval.
[Ord. No. 856 § 7]
a.
Developers shall pay 50% of the calculated development fee to the
Borough at the issuance of building permits. The development fee shall
be estimated prior to the issuance of building permits.
b.
Developers shall pay the remaining fee to the Borough at the issuance
of Certificates of Occupancy. At the issuance of Certificates of Occupancy,
the Tax Assessor shall calculate the equalized assessed value and
the appropriate development fee. The developer shall be responsible
for paying the difference between the fee calculated at Certificate
of Occupancy and the amount paid at issuance of building permit.
[Ord. No. 856 § 8;
amended 11-26-2019 by Ord. No.
19-15]
a.
An interest-bearing housing trust fund shall be established in Bank
of New Jersey for the purpose of receiving development fees from residential
and nonresidential developers. All development fees paid by developers
pursuant to this section shall be deposited in this fund. No money
shall be expended from the housing trust fund unless the expenditure
conforms to a spending plan approved by the court.
b.
If the court determines that the Borough is not in conformance with
COAH's rules on development fees, the court is authorized to direct
the manner in which all development fees collected pursuant to this
section shall be expended. Such authorization is pursuant to this
section, COAH's rules on development fees and the written authorization
from the governing body to the Bank of New Jersey.
[Ord. No. 856 § 9]
a.
Money deposited in a housing trust fund may be used for any activity
approved by the court for addressing the Borough's low- and moderate-income
housing obligation. Such activities may include, but are not necessarily
limited to: housing rehabilitation, new construction, regional contribution
agreements, the purchase of land for low- and moderate-income housing,
extensions and/or improvements or roads and infrastructure to low-
and moderate-income housing sites, assistance designed to render units
more affordable to low- and moderate-income households and administrative
costs necessary to implement the Borough's housing element. The expenditure
of all money shall conform to a spending plan approved by the court.
[Amended 11-26-2019 by Ord. No. 19-15]
b.
At least 30% of the revenues collected shall be devoted to render
units more affordable. Examples of such activities include, but are
not limited to: down payment and closing cost assistance, low interest
loans and rental assistance. If any development fees are collected
to finance a regional contribution agreement, a rehabilitation program
or a new construction project, such fees shall be exempt from this
requirement.
c.
No more than 20% of the revenues shall be expended on administrative
costs necessary to develop, revise or implement the housing element.
Examples of eligible administrative activities include: personnel,
consultant services, space costs, consumable supplies and rental or
purchase of equipment directly associated with plan development or
plan implementation.
d.
Development fee revenues shall not be expended to reimburse the Borough
for housing activities that preceded substantive certification.
[Ord. No. 856 § 10;
amended 11-26-2019 by Ord. No.
19-15]
This section shall expire if:
a.
The court dismisses or denies the Borough's petition for substantive
certification.
b.
The court revokes substantive certification or its certification
of this § 26-1100.
c.
Substantive certification judgment of repose expires prior to the
Borough filing an adopted housing element, with COAH petitioning for
substantive certification or receiving COAH's approval of this section.
[Ord. No. 856 § 11]
This section will amend the Haworth Land Use Ordinance and will
require that development fees be paid prior to the issuance of a building
permit and prior to the issuance of a Certificate of Occupancy.
Zone District Map
