[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 § 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 § 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