[Ord. No. 567-09 § 6; Ord. No. 15-2014; Ord.
No. 2015-05; Ord. No. 02-2016]
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 Borough's Construction Official as well
as the Zoning Official responsible for issuance of a Zoning 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 Zoning 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 Zoning Official responsible for the issuance of a zoning permit
shall notify the local Tax Assessor of the issuance of the first zoning
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 shall notify 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
and the Zoning Official of the amount of the fee.
g. Should the Municipal Assessor 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.40:551)-8.6).
h. An estimated 50% of the development fee shall be collected at the
time of issuance of the zoning 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 the Borough of Cape May Point.
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 the Borough of
Cape May Point. 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. 567-09 § 9]
The Borough of Cape May Point shall complete and return to COAH
all monitoring forms included in the annual monitoring report related
to the collection of development fees from residential and nonresidential
developers, payments in lieu of constructing affordable units on site,
and 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 the
Borough of Cape May Points housing program, as well as to the expenditure
of revenues and implementation of the plan approved by the court.
All monitoring reports shall be completed on forms designed by COAH.
[Ord. No. 567-09 § 10]
The ability of the Borough of Cape May Point to impose, collect
and expend development fees shall expire with its substantive certification
or judgment of compliance unless the Borough of Cape May Point has
filed an adopted Housing Element and Fair Share Plan with COAH, has
petitioned COAH for substantive certification, or brought a declaratory
relief action in Court pursuant to N.J.S.A. 52:27D-313 and has received
approval of its development fee ordinance by COAH or a Court. If the
Borough of Cape May Point fails to renew its ability to impose and
collect development fees prior to the expiration of its substantive
certification or judgment of compliance, 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). The Borough of Cape May Point 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 its judgment of compliance, nor shall the Borough
of Cape May Point retroactively impose a development fee on such a
development. The Borough of Cape May Point shall not expend development
fees after the expiration of its substantive certification or its
judgment of compliance.
[Ord. No. 567-10 § 11]
Notwithstanding the provisions of any other ordinance to the
contrary, the provision of this Article shall apply to the development
within the Mount Laurel zoning districts containing inclusionary affordable
housing units.