[Ord. No. 97-29 § 601]
There is hereby established in connection with various applications for development and other matters which are the subjects of this chapter various fees as set forth below.
[Ord. No. 97-29 § 602]
The developer shall, at the time of filing a submission, pay fees as established below to the Secretary of the Board by certified check or bank money order. Proposals involving more than one use shall pay a fee equaling the sum of the fees for the component elements of the application. Proposals requiring a combination of approvals, such as subdivision, site plan and/or a variance, shall pay a fee equal to the sum of the fee for each element.
[Ord. No. 91-12 §§ 1, 2; Ord. No. 97-29 § 603; Ord. No. 04-17; Ord. No. 07-29 § 1; Ord. No. 10-24 § 4]
Application fees for subdivisions, site plans, conditional uses, variances and appeals are established and set forth below:
a. 
Planning Board.
Site Plan
$200
No variance required
$200 per acre or part thereof, plus $200 for each additional acre or part thereof
Site Plan Waiver
$100
Conditional Use (no variance)
$250
Major Subdivision - no variance
$400
Major Subdivision and per lot
$150
Major Subdivision final plat map
$200
Minor Subdivision - no variance
$200
Combine or Merge Lots
$50
Master Plan - per copy
$30 plus postage
b. 
Board of Adjustment.
Variance Required (other than use)
$100
Site Plan - no variance
$100
Variance
$100 per acre or part thereof, plus $100 for each additional acre or part thereof
Use variance — 1 - or 2-Family Residence
$250
Use Variance - other than above
$250
Conditional use variance
$250
Tennis Court Approval - Each
$50
Swimming Pool Approval
$50
Zoning Permit
$25
Temporary Use Permit
$50
[Ord. No. 97-29 § 604; New; Ord. No. 07-29 § 2; Ord. No. 09-06 §§ 1, 2; Ord. No. 13-21 §§ 2, 3; amended 6-13-2023 by Ord. No. 23-14]
In addition to the filing fees or any other fees required in this Article, an applicant shall file with the Administrative Officer an escrow deposit fee of adequate funds to cover the costs incurred for the technical review of the application by planners, attorneys and any other professionals, stenographic transcripts and/ or experts employed by the Borough on a consultant basis whose services are deemed, by the Borough, necessary to report upon the application and to cover any and all costs in processing the application. The Chief Financial Officer shall place all such deposits in an escrow account in the name of the applicant and shall charge against such account all disbursements in connection with the costs referred to above. Technical review fees shall be calculated in accordance with the actual time required for review at rates established by a schedule of professional fees filed annually with the Administrative Officer and approved by the Planning Board, which schedule shall be maintained in the office of the Borough Clerk for public inspection. The administration of technical review escrow deposits and payments made to professionals from these deposits shall be in accordance with the provisions of N.J.S.A. 40:55D-53.1 and Section 13 of P.L. 1991, c. 256. At the time of filing an application for development, the applicant shall pay to the Borough an initial deposit for technical review fees as established and set forth below:
Fee Deposit
Minimum Escrow
$200 - Site Plan - No Variance
$5,000
$300 - Site Plan - Variance Required
$5,000
$100 - Site Plan Waiver
$600
$250 - Conditional Use - No Variance Required
$2,500
$450 - Conditional Use - "C" Variance
$3,000 (Conditional Use with "D" Variance - Board of Adjustment)
$400 - Major Subdivision - No Variance
$7,500
$500 - Major Subdivision - Variance
$8,000
$150 - Additional Per Lot
N/A
$200 - Major Subdivision Final Plat/Map Each Section
$1,000
$200 - Minor Subdivision - No Variance
$4,000
$400 - Minor Subdivision - Variance
$5,000
$50 - Combine or Merge Lots
$50
$50 - Informal Review
$500
NOTE TO APPLICANT: When turning in your application, two separate checks are required: (1) a check for Fee made out to the Borough of Tenafly and (2) a check for the Escrow required made out to the Borough of Tenafly.
a. 
Special Meetings. If a special meeting is necessary for consideration of an application for development, the applicant shall pay a fee of up to $1,000 to defray the additional costs of holding such a special meeting as approved by the Board.
b. 
Converting a Work Session to Public Meeting. An applicant shall pay a fee of $500 as a condition of granting a request to convert a work session to a public meeting in order for the Planning Board to hear an application for development.
c. 
Administration of Technical Review Deposit Fees. The administration of technical review escrow deposits shall be in accordance with the provisions of N.J.S.A. 40:55D-53.1 and Section 13 of P.L. 1991, c.256 and as provided below.
1. 
Each technical review escrow deposit shall be held by the Borough in a trust account separate from the general funds of the Borough.
2. 
The Borough agency shall not process and/or take action on the application unless all fees and deposits required in the manner described herein have been paid by the applicant. Property taxes shall have been paid to date.
3. 
In the event that the funds in the escrow account should become depleted prior to the completion of the application procedure and additional funds are necessary to cover the cost of processing the application, the applicant shall deposit additional funds in the amount as requested by the Administrative Officer. In order to expedite the processing of applications by the Borough agency, the Administrative Officer shall notify the applicant in writing when additional funds are necessary. Such additional funds shall be deposited no later than one week prior to the next regularly scheduled meeting of the Board (if payment is made less than one week prior to the next Board meeting, then payment must be made by official bank check, certified or bank cashier's check), and the applicant's failure to comply shall constitute grounds for postponement or dismissal of the application. In the event that such failure to deposit shall continue for more than 30 days after the date of the Administrative Officer's written notification to the applicant, then the Board chairperson shall make a motion to dismiss the application at the next regularly scheduled meeting of the Board.
4. 
All bills submitted to a Borough agency by the planning consultant, engineer, attorney or other professionals containing charges to be applied to an escrow account authorized and established pursuant to this section shall specify the services performed in relation to individually identified applications for which the charges have been made.
5. 
Unit charges (i.e., per diem or hourly fees, inspection or expert testimony charges) levied by an engineer, planning consultant, attorney or other professionals for services applied to an escrow account authorized and approved pursuant to this section may not exceed those unit charges contracted for and/or approved by the Borough agency for services by these professionals which may not, under this section, be subject to compensation by an escrow account.
6. 
Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the Borough for technical review deposits pursuant to this Article, said money shall be deposited in an interest bearing account and, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, shall continue to be the property of the applicant and shall be held in trust by the Borough in escrow. All interest earned and paid to the applicant shall be in conformity with Chapter 315 of the Laws of 1985.
7. 
Any of the funds remaining in the escrow account upon completion of the application procedure, as well as any interest he may be entitled to pursuant to Chapter 315 of the Laws of 1985, shall be returned to the applicant, via a resolution adopted by the Governing Body releasing remaining escrows, and the account shall be terminated.
8. 
All escrow charges which are due and owing shall become a lien upon the property which is the subject of the application for development and shall remain so until paid. Overdue escrow charges shall accrue the same interest as established for real property taxes in the Borough. The Borough shall have the same remedies for collection of escrow charges with interest, cost and penalties as it has by law for the collection of taxes upon real property.
[Ord. No. 97-29 § 605]
a. 
The developer shall reimburse the Borough for all reasonable inspection fees incurred by the Borough Engineer for the 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 N.J.S.A. 40:55D-53.4 and which shall be subject to the following conditions:
1. 
Fees for engineering inspections during and after construction, and during the maintenance period, shall be deposited in cash, or by certified check, with the Borough, prior to the issuance of a Construction Permit by the Borough Engineer.
2. 
In the event that construction proceeds at a very slow rate, outside of the time frame as established in the developer's agreement, and the work is not pursued in a diligent manner, resulting in an unreasonable number of engineering inspections or, in the event of faulty installations, inferior materials or workmanship causing an unreasonable number of engineering inspections, an additional fee shall be paid by the applicant to cover the engineering cost of such additional inspections.
3. 
No remaining portion of an engineering inspection fee, if any, shall be returned to a developer or his successor until the expiration of the maintenance period.
[Ord. No. 08-29; Ord. No. 11-16; amended 3-12-2019 by Ord. No. 19-05]
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 00-22 and 06-28.
a. 
In Holmdel Builders 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 (N.J.S.A. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7), COAH was 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.
c. 
Pursuant to In Re Failure of the Council on Affordable Housing to Adopt Trust Fund Commitment Regulations, 440 N.J. Super. 220 (App. Div. 2015), the Appellate Division transferred jurisdiction over affordable housing trust funds and spending plans to the 15 Mount Laurel Judges designated to hear declaratory judgment actions regarding compliance with affordable housing obligations. Municipalities that have a COAH-approved or a court-approved spending plan may retain fees collected from nonresidential development.
d. 
This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance with P.L. 2008, c.46, Section 8, and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7). 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. 5:93-8.
e. 
Basic requirements.
1. 
This section shall not be effective until approved by COAH or any agency having jurisdiction over affordable housing matters or by the courts of the State of New Jersey.
2. 
The Borough of Tenafly shall not spend development fees until COAH or any agency having jurisdiction over affordable housing matters or the courts of the State of New Jersey have approved a plan for spending such fees.
f. 
Definitions. The following terms, as used in this section, shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
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.
COUNCIL ON AFFORDABLE HOUSING
The New Jersey Council on Affordable Housing established under the Fair Share Housing Act.
DEMOLISHED
Any act or process that renders more than 50% of a structure or building unsafe for human occupancy or use shall be considered demolished for the purposes of this section.
DEVELOPER
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.
DEVELOPMENT FEE
Funds paid by any person for the improvement of property as permitted in N.J.A.C. 5:93-8.
EQUALIZED ASSESSED VALUE
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).
GREEN BUILDING STRATEGIES
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.
LIVING SPACE
All internal areas of a dwelling with a floor-to-ceiling height of greater than six feet, exclusive of garages which are not to be considered as living space.
NATURAL DISASTER
A catastrophic event, such as a hurricane, flood, earthquake, volcanic eruption, landslide, blizzard, or other natural phenomena that causes extensive human casualties, property damage, or both.
a. 
Imposed fees.
1. 
For all residential developments, residential developers 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.
Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1 1/2% 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.
b. 
Eligible exactions, ineligible exactions, and exemptions for residential development.
1. 
Affordable housing developments 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 initial 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, except that expansion of an existing residential structure which increases the living space by less than 20% and/or the volume of the existing structure by less than 20% shall be exempt from paying a development fee. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.
4. 
A dwelling that is constructed as a replacement for a dwelling that was demolished as a result of a fire, flood or natural disaster shall be exempt from paying a development fee. The dwelling that is constructed as a replacement dwelling must be constructed on the same site as the dwelling that was demolished as a result of a natural disaster.
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 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 preexisting land and improvement and the equalized assessed value of the newly improved structure, i.e., land and improvement, 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.
a. 
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.
b. 
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.
c. 
Nonresidential developments shall be exempt from the payment of nonresidential 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.
d. 
A developer of a nonresidential development exempted from the nonresidential 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.
e. 
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 Borough 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 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 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 the Borough 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. 
Fifty percent 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 the Borough. 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. 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.
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 the Borough's affordable housing program.
c. 
Within seven days from the opening of the trust fund account, the Borough shall provide COAH or any agency having jurisdiction over affordable housing matters or the courts of the State of New Jersey with written authorization, in the form of a three-party escrow agreement between the municipality, the bank, and COAH or the agency having jurisdiction, to permit COAH or the agency having jurisdiction to direct the disbursement of the funds as provided for in N.J.A.C. 5:93-8.
d. 
All interest accrued in the Affordable Housing Trust Fund shall only be used on eligible affordable housing activities approved by COAH or any agency having jurisdiction over affordable housing matters or by the courts of the State of New Jersey.
a. 
The expenditure of all funds shall conform to a spending plan approved by COAH or any agency having jurisdiction over affordable housing matters or by the courts of the State of New Jersey. Funds deposited in the Affordable Housing Trust Fund may be used for any approved activity to address the Borough'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. 5:93-8 and specified in the approved spending plan.
b. 
Funds shall not be expended to reimburse the Borough 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 downpayment 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. 
The Borough 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.
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 the monitoring requirements of COAH or any agency having jurisdiction over affordable housing matters or the courts of the State of New Jersey. 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.
The Borough shall complete and return to COAH or any agency having jurisdiction over affordable housing matters or to the courts of the State of New Jersey 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's housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH or any agency having jurisdiction over affordable housing matters or by the courts of the State of New Jersey. All monitoring reports shall be completed on forms designed by COAH or the agency having jurisdiction.
The ability for the Borough to impose, collect, and expend development fees shall expire with its substantive certification or Judgment of Compliance and Repose on the date of expiration of substantive certification or Judgment of Compliance and Repose unless the Borough has filed an adopted Housing Element and Fair Share Plan with COAH or any agency having jurisdiction over affordable housing matters or the courts of the State of New Jersey, has petitioned for substantive certification or a Judgment of Compliance and Repose, and has received the approval of COAH or any agency having jurisdiction or the courts of the State of New Jersey of its Development Fee Ordinance. If the Borough fails to renew its ability to impose and collect development fees prior to the date of expiration of substantive certification or Judgment of Compliance and Repose, 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 (N.J.S.A. 52:27D-320). The Borough 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 and Repose, nor shall the Borough retroactively impose a development fee on such a development. The Borough will not expend development fees after the expiration of its substantive certification or Judgment of Compliance and Repose.