[Adopted 2-3-2009. Amendments noted where applicable.]
[Amended 9-5-2006; Ord. No. 1571-2015; 5-9-2023 by Ord. No. 1710-23]
A.Â
Fee Schedule. Every application for development shall be accompanied
by a check made payable to Hazlet Township in accordance with the
following schedule:
1.Â
APPLICATION FEES.
Type of Application
|
Administrative Fee
| |
---|---|---|
Certification of Pre-existing Non-Conforming Use
|
$75
| |
Appeals and Interpretations
|
$275
| |
Special Meeting
|
$1,500
| |
Conceptual/Informal Review
|
$575
| |
Bulk Variances
|
Residential
|
$225 per variance
|
Non-Residential
|
$275 per variance
| |
Accessory Buildings and Structures Residential Only
|
$225 flat fee
| |
Use Variances
|
Residential
|
$750 plus $50 per dwelling unit
|
Non-Residential
|
$800 per acre of entire tract or $50 per 1,000 square feet gross
floor area, whichever is greater
| |
Conditional Use
|
$500
| |
Tree Removal Permit
|
Residential
|
New residential building lots, $15 per tree up to a maximum
of $350 per lot.
|
Non-Residential
|
$15 per tree up to maximum of $700 for EACH acre
| |
Soil Removal Permit
|
$40 per permit
| |
Subdivision
|
Minor
|
$350
|
Major
| ||
Preliminary
|
$650 plus $50 per lot
| |
Final
|
50% of preliminary fee
| |
Site Plan
|
Minor
| |
Preliminary
|
$650 plus $50 per lot
| |
Final
|
$50% of preliminary fee
| |
Site Plan
|
Major
| |
Preliminary
|
$1,000 plus $50 per acre, plus $0.05 per square foot of proposed
building area
| |
Final
|
50% of preliminary fee
| |
Requested Waivers
| ||
Environmental Impact Study
|
$150
| |
Traffic Study
|
$150
| |
Drainage/Storm Water
|
$150
| |
Exempt from Site Plan
|
$150
| |
Design (i.e. parking space size)
|
$100
| |
All others not included above
|
$100
| |
Tax Map Revision Fee
|
$75 per lot for minor and major subdivisions to cover the cost
to revise tax map
| |
Re-submission or Revision Fee
|
$50 or 40% of original fee, whichever is greater
| |
Certified List per MLUL
|
$10 or $0.25 per name whichever is greater
| |
Extension of Approvals
|
$300
|
2.Â
ESCROW FEES.
Type of Application
|
Fee
| |
---|---|---|
Appeals and Interpretations
|
$500
| |
Conceptual/Informal Review
|
$575
| |
Bulk Variances
|
Residential
|
$600
|
Non-Residential
|
$500 plus $100 per each variance requested
| |
Use Variance
|
$1,500
| |
Conditional Use
|
$1,000
| |
Subdivision
|
Minor
|
$1,500
|
Residential/Preliminary
| ||
1 - 5 unit(s) and/or lot(s)
|
$2,000
| |
6 - 25 unit(s) and/or lot(s)
|
$3,500
| |
25 - 100 unit(s) and/or lot(s)
|
$5,000
| |
101 plus unit(s) and/or lot(s)
|
$7,500
| |
Residential/Final
|
50% of preliminary fee
| |
Site Plan
|
Minor
|
$500
|
Preliminary
|
$2,000 plus $25 per dwelling unit
| |
Final
|
50% of preliminary fee
| |
Major
| ||
Commercial/Industrial/Preliminary
| ||
0 - 1,250 square feet
|
$1,500
| |
1,251 - 10,000 square feet
|
$2,500
| |
10,001 - 25,000 square feet
|
$5,000
| |
25,001 - 75,000 square feet
|
$7,500
| |
Plus 75,000 square feet
|
$10,000
| |
Final
|
50% of preliminary fee
| |
Special Meeting
|
$500
| |
Resubmission or Revision
|
$50 or 40% of original fee whichever is greater
| |
Tree Removal Permit
|
refer to 181-523 escrow
| |
Extension of Approval
|
$1,000
| |
Soil Removal
|
$100 for review and inspection by Twp. Engineer, plus $0.05
per square foot of area disturbed due to removal
|
3.Â
MISCELLANEOUS FEES.
Type of Application
|
Administrative Fee
| |
---|---|---|
Change of Zone Request
|
$250
| |
Zoning Permits
| ||
New Residential Single-Family Dwelling
|
$150 each unit
| |
New Non-Residential Construction
|
$250 for the 1st $25,000 of construction cost or any part thereof
plus $5 for each $1,000 of construction cost thereafter
| |
Renovations:
| ||
Residential
| ||
Application Review Fee:
|
$25 Non-Refundable
| |
Permit Fee:
|
$10 for the 1st $1,000 of construction cost and $5 per $1,000
thereafter; Minimum fee: $25
| |
Non-Residential (Non-refundable)
| ||
Application Review Fee:
|
$75
| |
Permit Fee:
|
$10 for the 1st $1,000 of construction cost and $5 per $1,000
thereafter; Minimum fee: $25
| |
Fence
|
$50 flat fee
| |
Retaining Wall
|
$50 flat fee
| |
Shed
|
$50 flat fee
| |
Signs
|
$1 per square foot, with minimum $25, plus application fee $75
| |
Non-Residential Use Permit/Occupancy
| ||
Tenant change
|
$100
| |
Ownership change
|
$250
| |
Lot Grading and Drainage Plan
| ||
Initial review by Twp. Engineer
|
$200 per lot
| |
Revised review by Engineer
|
$100 per lot
| |
Final As-built Survey, includes 1 inspection by Twp. Engineer
|
$250
| |
Revised Final As-Built
|
$100
| |
Re-inspect of site and report preparation
|
$150
| |
DRO Book
|
$75
| |
Colored Zoning Map
|
(11" x 17")
|
$5
|
(2'x3')
|
$20
| |
Photocopies
|
State Statue
| |
No charge for records sent email or fax
| ||
Copying data to disk or CD
|
$0
| |
Use of Tape for Transcript Purposes (Must supply their own stenographer
to make transcript)
|
$0
| |
Duplication of Tape Recordings
|
$0
| |
Certificate of Occupancy
[Refer to Chapter 170 of Hazlet Codes] |
B.Â
Purpose of Fee. The application charge is a flat fee to cover direct
administrative expenses and is non-refundable. The escrow account
is established to cover the costs of professional services including
engineering, legal, planning and other expenses connected with the
review of the submitted materials. In accordance with N.J.S.A. 40:55D-53
and N.J.S.A. 40:55D-53.1, sums not utilized in the review process
shall be returned to the applicant upon written request. If additional
sums are deemed necessary, the applicant shall be notified by certified
mail or personal service of the required additional amount and shall
add such sum to the escrow. Payment shall be due from the applicant
within fifteen (15) days of receipt of the notice. If payment is not
received within fifteen (15) days, the applicant shall be considered
to be in default, and such default may be grounds for denial of the
application.
C.Â
More than one Request. Where one (1) application for development
includes several approval requests, the sum of the individual required
fees shall be paid.
D.Â
Costs of Review and Inspection. Each applicant for subdivision or
site plan approval shall agree in writing to pay all reasonable costs
for professional review of the application, including costs incurred
with any informal review of a concept plan which may have preceded
the submission of a preliminary application. Additionally, each applicant
shall agree in writing to pay all reasonable costs for the municipal
inspection of the constructed improvements. All such costs for review
and inspection must be paid before any construction permit is issued
and all remaining costs must be paid in full before any occupancy
issued or bonding is released.
E.Â
Court Reporter. If an applicant desires a court reporter, the cost
of taking testimony and transcribing it and providing a copy of the
transcript to the municipality shall be at the expense of the applicant
who shall arrange for the reporter’s attendance. The municipality
provides for the tape recording of the proceedings before the Board.
F.Â
Waiver of Fees for Affordable Housing. Notwithstanding any other
provision of this Ordinance, a waiver of all municipal subdivision
and site plan escrow fees, zoning permit, construction permit and
certificate of occupancy fees shall be granted by the approving municipal
agency for all housing units being provided by the applicant for low
and moderate income families. If an applicant desires a court reporter,
the cost of taking testimony and transcribing it and providing a copy
of the transcript to the municipality shall be at the expense of the
applicant who shall arrange for the reporter’s attendance. The
municipality provides for the tape recording of the proceedings before
the Board.
A.Â
Guarantee Required. Before recording final subdivision plats or as
a condition of final site plan approval or as a condition to the issuance
of a zoning permit pursuant to N.J.S.A. 40:55D-65d, the approving
Board, for the purpose of assuring the installation and maintenance
of on- and off-tract (pursuant to N.J.S.A. 40:55D-42) improvements,
shall require and accept in accordance with the standards adopted
by this Ordinance, the following:
1.Â
The furnishing of a performance guarantee in favor of the Township
of Hazlet in an amount not to exceed 120% of the cost of installation,
which cost shall be determined by the Municipal Engineer according
to the method of calculation set forth in (Section 181-903B., Determination
of Performance Guarantee Estimate) for improvements which the Board
may deem necessary or appropriate, including; streets, grading, pavement,
gutters, curbs, sidewalks, street lighting, shade trees, surveyor's
monuments, as shown on the final subdivision plat and required by
the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), culverts, storm sewers,
drainage structures, public improvements of open space and, in the
case of site plans only, other on-site improvements and landscaping.
A separate estimate shall be prepared for soil erosion and sedimentation
control devices.
2.Â
Provision for a maintenance guarantee to be posted with the Township
Committee for a period not to exceed two years after final acceptance
of the improvement, in an amount not to exceed 15% of the cost of
the improvement, which cost shall be determined by the Municipal Engineer
according to the method of calculation set forth in Section 181-903B.,
Determination of Performance Guarantee Estimate. In the event that
other governmental agencies or public utilities automatically will
own the utilities to be installed or the improvements are covered
by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the municipality for such utilities or improvements.
3.Â
The Municipal Engineer shall prepare an itemized cost estimate of
the improvements covered by the performance guarantee, which itemized
cost estimate shall be appended to each performance guarantee posted
by the developer.
B.Â
Time Period for Installation. All public improvements shall be completed
within six months of issuance of the last Certificate of Occupancy
or five years of issuance of a Soil Disturbance Permit, whichever
comes first. The time allowed for installation of the improvements
for which the performance guarantee has been provided may be extended
by the Township Committee 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 the installation, which cost shall be determined
by the Municipal Engineer according to the method of calculation set
forth in Section 181-903B., Determination of Performance Guarantee
Estimate as of the time of the passage of the resolution.
C.Â
Developer Liability. If the required improvements are not completed
or corrected in accordance with the performance guarantee, the developer
and surety, if any, shall be liable thereon to the Township for the
reasonable cost of the improvements not completed or corrected and
the Township may either prior to or after the receipt of the proceeds
thereof complete such improvements. Such completion or correction
of improvements shall be subject to the public bidding requirements
of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.).
A.Â
Improvements to Be Installed No final plan shall be approved unconditionally
by the Board until the satisfactory completion and performance of
all such required improvements have been certified to the Board by
the Municipal Engineer, unless the owner shall have filed with the
municipality a performance guarantee sufficient in amount to cover
the cost of all such improvements in uncompleted portions thereof
as estimated by the Municipal Engineer, and assuring the installation
of such uncompleted improvements on or before an agreed upon date.
B.Â
Determination of Performance Guarantee Estimate A performance guarantee
estimate shall be prepared by the Municipal Engineer or the developer's
engineer and approved by the Municipal Engineer, setting forth all
requirements for improvements as fixed by the Board and their estimated
cost. The estimated cost of the installation of improvements determined
by the Municipal Engineer shall be based on documented construction
costs for public improvements prevailing in the general area of the
Township. The developer may appeal the Municipal Engineer's estimate
to the Township Committee. The Township Committee shall decide the
appeal within 45 days of receipt of the appeal in writing by the Township
Clerk. After the developer posts a guarantee with the Township based
on the cost of the installation of improvements as determined by the
Township Committee, he may institute legal action within one year
of the posting in order to preserve the right to a judicial determination
as to the fairness and reasonableness of the amount of the guarantee.
C.Â
Determination of Maintenance Guarantee Estimate The approved performance
guarantee estimate shall fix the requirements of maintenance of the
utilities and improvements to be installed and completed by the developer.
A surety company or cash bond meeting the requirements herein above
set forth may be furnished to secure the maintenance guarantee, or
the performance bond may be styled or amended to provide such security
in reduced amount in keeping with the requirements.
The applicant shall present two copies of the performance guarantee
in an amount equal to the amount of the approved performance guarantee
estimate for approval as to form and execution by the Department of
Finance with assistance by the Township Attorney, if necessary.
The Department of Finance shall forward its approval of the
form of the performance guarantee for consideration for adoption by
the Governing Body.
A.Â
The performance guarantee shall be the approved performance guarantee
estimate and as surety a performance bond in which the applicant shall
be principal, the bond to be provided by an acceptable surety company
licensed to do business in the State of New Jersey, an irrevocable
letter of credit drawn on a banking or savings and loan institution
located in and licensed to do business in the State of New Jersey
or such other form of security as may be approved by the Township
Attorney, or cash, or a certified check shall be deposited with the
Township of Hazlet by payment to the Township Treasurer. The performance
guarantee in favor of the Township shall be in an amount not to exceed
120% of the cost of the installation and improvements. The Township
Treasurer shall issue its receipt for such cash deposits and shall
cause the same to be deposited in a bank named by the Township for
this purpose to be retained as security for completion of all requirements
and to be returned to the developer on completion of all required
work and expiration of the period of maintenance guarantee or, in
the event of default on the part of the subdivider, to be used by
the Township of Hazlet to pay the cost and expense of obtaining completion
of all requirements. Every bond, whether cash or surety, shall contain
a clause to the effect that the obligation shall remain in fun force
and effect until such time as certification is received from the Municipal
Engineer that the principal has met and complied with all specifications
and requirements for which said cash or surety bond has been posted.
B.Â
10% of the amount of the approved performance guarantee estimates
shall be deposited with the Township by the applicant in cash. The
remaining 90% may be in cash, surety bond or other securities or guaranties
approved by the Township Attorney. In the event of default, the ten-percent
fund herein mentioned shall be first applied to the completion of
the requirements and the cash or the surety shall thereafter be resorted
to, if necessary, for the completion of the requirements. The cash
or surety may recite the foregoing provisions. The Municipal Engineer's
determination that the principal has defaulted in his obligation shall
be binding and conclusive upon the principal.
C.Â
Irrevocable letters of credit shall include, but not be limited to,
the following provisions:
1.Â
An unconditional payment obligation of the issuer running solely
to the Township for an express initial period of time in the amount
determined pursuant to N.J.S.A. 40:55D-53 and Section 181-903B., Determination
of Performance Guarantee Estimate.
2.Â
Is for a period of time of at least two years; and
3.Â
Permits the Township to draw upon the letter of credit if the developer
fails to furnish another letter of credit that complies with the provisions
of this subsection 30 days or more in advance of the expiration date
of the letter of credit or such longer period in advance thereof as
is stated in the letter of credit.
A.Â
All improvements and utility installations shall be inspected during
the time of their installation under the supervision of the Township
Engineer to ensure satisfactory completion. The cost of said inspection
shall be the responsibility of the applicant, and he shall deposit
with the Township Treasurer for placement in a trust fund account
a sum equal to 6% of the amount of the performance guarantee estimate
of the cost of public improvements to be built in the subdivision
or site development to be applied to the payment of inspection costs.
If inspection costs exceed such fund, the developer shall deposit
with the Township Treasurer additional sums upon notice from the Township
Engineer. The inspection fee shall in no case be less than $500. The
Township Treasurer shall return any balance of the inspection deposit
to the developer upon expiration of the maintenance bond, together
with the paid invoices for all expenses charged.
B.Â
In no case shall any paving work be done without permission from
the Township Engineer's office. At least two days' notice shall be
given to the Township Engineer's office prior to any such construction
so that he or a qualified representative may be present at the time
the work is to be done.
C.Â
The Township Engineer's office shall be notified after each of the
following phases of the work has been completed so that he or a qualified
representative may inspect the:
D.Â
A final inspection of all improvements and utilities will be done
by the Township Engineer within 10 days of notification by the developer
to determine whether the work is satisfactory and in agreement with
the approved final plat drawings and the Township specifications.
The general condition of the site shall also be considered. Upon a
satisfactory final inspection report, action will be taken to release
or declare in default the performance guarantee covering such improvements
and utilities.
E.Â
Inspection by the Township of the installation of improvements and
utilities by the applicant shall not subject the Township to liability
for claims, suits or any other liability of any kind that may at any
time arise because of defects or negligence during construction or
at any time thereafter; it is recognized that the responsibility to
maintain safe conditions at all times during construction and to provide
proper utilities and improvements is upon the applicant and his contractors,
if any.
F.Â
Improvements installed without notice for inspection shall constitute
a valid cause for any of the following actions:
1.Â
The issuance of a stop work order;
2.Â
The removal of any improvements not so inspected;
3.Â
The payment by the developer of any costs of materials testing by
the municipal for the improvements not so inspected;
4.Â
The restoration of the site from disturbance caused by the materials
testing process.
5.Â
Improvements installed contrary to the approved plat shall be a rebuttable
presumptive that such approval is null and void.
A.Â
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 developer may request of the Township Committee in writing, by certified mail addressed in care of the Township Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Section 181-902, Guarantee Required, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the developer shall send a copy of the request to the Municipal Engineer. As-built plans, pursuant to Section 181-910, As Built Required, shall be submitted prior to the request for a reduction in the guarantee. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the developer. Thereupon the Municipal Engineer shall inspect all improvements covered by the developer's request and shall file a detailed list and report, in writing, with the Township Committee, and shall simultaneously send a copy thereof to the developer not later than 45 days after receipt of the developer's request.
B.Â
The list prepared by the Municipal 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. The report prepared by the Municipal Engineer shall 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 Municipal Engineer and appended to the performance guarantee pursuant to Section 181-902, Guarantee Required.
C.Â
The Township Committee, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Township Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, 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 Municipal Engineer and appended to the performance guarantee pursuant to Section 181-902, Guarantee Required. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Committee, the developer 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 and acceptability of all improvements.
D.Â
If the Township Engineer fails to send or provide the list and report as requested by the developer pursuant to Section 181-907, Reduction of Guarantee, within 45 days from receipt of the request, the developer may apply to the court in a summary manner for an order compelling the Township Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
E.Â
If the Township Committee fails to approve or reject the improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the developer may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Section 181-902, Guarantee Required, paragraph A; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
F.Â
In the event that the developer has made a cash deposit with the
Township or approving authority as part of the performance guarantee,
then any partial reduction granted in the performance guarantee pursuant
to this subsection 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.Â
If any portion of the required improvements is rejected, the approving
authority may require the developer 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.Â
Nothing herein, however, shall be construed to limit the right of
the developer to contest by legal proceedings any determination of
the Township Committee or the Township Engineer.
I.Â
The developer shall reimburse the municipality for all reasonable
inspection fees paid to the Township Engineer for the foregoing inspection
of improvements; provided that the Township of Hazlet may require
of the developer a deposit for a portion of the reasonably anticipated
fees to be paid for such inspection. The initial deposit made by a
developer shall not exceed 25% of the reasonably anticipated inspection
fees unless the developer offers to pay an additional deposit amount.
The developer shall be required to maintain the deposit at not less
than 10% of the balance of the anticipated inspection fees as that
balance is adjusted from time to time by the amount paid to the Township
Engineer for inspection. 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 Township 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 10% of the reasonably anticipated fees because the
amount deposited by the developer has been reduced by the amount paid
to the Township Engineer for inspection, the developer shall make
additional deposits of 25% of the reasonably anticipated fees. The
Township Engineer shall not perform any inspection if sufficient funds
to pay for those inspections are not on deposit.
In the event that final approval is by stages or sections of
development pursuant to N.J.S.A. 40:55D-38, the provisions of this
section shall be applied by stage or section.
A.Â
The approval of any plat under this Article by the approving Board
or Township Committee, or both, shall in no way be construed as acceptance
of any street or drainage system or any other improvement required
by this Ordinance, nor shall such plat approval obligate the Township
in any way to maintain or exercise jurisdiction over such street or
drainage system or other improvement. No improvement shall be accepted
by the Township Committee unless and until all of the following conditions
have been met.
B.Â
The Township Engineer shall have certified in writing that the improvements
are complete and that they comply with the requirements of this Ordinance.
C.Â
The final plat shall have been approved by the Board.
D.Â
Maintenance Guarantee.
1.Â
After final acceptance of all improvements, the developer shall have
filed with the Township Committee a maintenance guarantee in an amount
equal to not more than 15% of the original estimate of the cost of
installing the improvements and shall run for a period not exceeding
two years. The procedures and requirements governing such maintenance
guarantee shall be identical with the procedures and requirements
for a performance guarantee set forth in this Article. The requirements
for a maintenance guarantee may be waived by the Township Committee
only if the Township Engineer has certified that the improvements
have been in continuous use for not less than two years from the date
the Township Engineer certified completion of such improvements and
that during this period the developer has maintained the improvements
in a satisfactory manner.
2.Â
In the event that any other Township or governmental agencies or
public utilities automatically will own the utilities to be installed,
or the improvements are covered by a performance or maintenance guarantee
to another municipal or governmental agency, no performance or maintenance
guarantee, as the case may be, shall be required by the Township for
such utilities or improvements.
E.Â
Acceptance of Publicly Dedicated Streets. A publicly dedicated street
shall be deemed accepted by the municipality when the Governing Body
grants full release of the performance guarantee and acceptance of
the maintenance guarantee.
F.Â
Acceptance of Street Lighting on Publicly Dedicated Streets. The
Township shall accept responsibility for the costs of street lighting
on publicly dedicated streets within 30 days upon written notice when
the following conditions have been fulfilled by the developer:
1.Â
The street lights have been connected to a public utility;
2.Â
The street lights have been installed and accepted for service by
the public utility; and
3.Â
Certificates of occupancy have been issued for at least 50% of the
dwelling units and 50% of the floor area of the nonresidential uses
by section or phase of development;
4.Â
Compliance by the municipality with the provisions of this subsection
shall not be deemed to constitute acceptance of the street by the
Township.
Occupancy permits for any buildings will be issued only when
all construction and development conforms to the plans approved by
the Planning Board or Zoning Board as the case may be. The installation
of any curbs, all utilities, all functioning water supply and sewage
treatment facilities, all necessary storm drainage to ensure proper
drainage of the lot and surrounding land, rough grading of lots, final
course for the driveway and base course for the streets, unless formally
waived by the Municipal Engineer, are installed to serve the lot and
structure for which the permit is requested.
Streets, if installed prior to final approval, shall not be
paved until all heavy construction is complete; shade trees shall
not be planted until all grading and earthmoving is completed; and
seeding of grass areas shall be the last operation.
A.Â
As-built plans shall be presented to the Municipal Engineer before
improvements may be inspected. No certificate of occupancy shall be
issued unless an as-built plan is submitted and approved by the Municipal
Engineer.
B.Â
An as-built plan shall be submitted which indicates the constructed
conditions and/or location of:
1.Â
Final grading;
2.Â
Roads including curbing and sidewalks;
3.Â
Utilities;
4.Â
Building location;
5.Â
Driveways and parking lots;
6.Â
Stormwater management facilities, including as-built topographic
contours and volume calculations;
7.Â
Walls and fences, and
8.Â
Other structures deemed pertinent by the Township Engineer.
9.Â
As-built plans shall be submitted by a New Jersey licensed land surveyor
in the form of three prints.
A.Â
Payment of Pro Rata Share. The Board of Jurisdiction shall require
as a condition of final subdivision or final site plan approval that
the applicant pay for his or her pro rata share of providing off-tract
improvements, including the acquisition of land and easements, necessitated
or required by the approved development. The applicant shall either
install the necessary off-tract improvements or pay the pro rata share
to the municipality at the option of Hazlet Township. Such off-tract
improvements shall be clearly, directly and substantially related
to the approved development.
B.Â
Improvements to Be Constructed at the Sole Expense of the Applicant.
In cases where the need for an off-tract improvement is created by
the proposed subdivision or site plan and where no other property
owners receive a special benefit thereby or where no planned capital
improvement by a governmental entity is contemplated, the applicant
shall be solely responsible for the cost and installation of the required
improvements.
C.Â
Other Improvements.
1.Â
In cases where the need for any off-tract improvement is created
by the proposed subdivision or site plan and where the Board of Jurisdiction
determines that properties outside the subdivision or tract will also
be benefited by the improvement, the Board shall forward to the Township
Committee a list and description of all such improvements together
with its request that the Township Committee determine and advise
the Board of the procedure to be followed in its construction or installation.
The Board shall defer final action upon the subdivision or site plan
until receipt of the Township Committee's determination or until the
expiration of 30 days after the forwarding of such list and description
to the Township Committee without such determination having been made,
whichever occurs sooner.
2.Â
The Township Committee, within 30 days after receipt of said list
and description, shall determine and advise the Board whether:
a.Â
The improvement or improvements are to be constructed or installed
by the municipality:
b.Â
As a general improvement, the cost of which is to be borne at general
capital improvement (except as otherwise provided as a contribution
by the applicant); or
c.Â
As a local improvement, all or part of the cost of which is to be
specially assessed against properties benefited thereby in proportion
to benefits conferred by the improvements in accordance with N.J.S.A.
40:56 (except as otherwise provided as a contribution by the applicant);
or
d.Â
The improvement or improvements are to be constructed or installed
by the applicant under a formula for partial reimbursement as hereinafter
set forth.
3.Â
If the Township Committee determines that the improvement or improvements
shall be constructed or installed as a general capital improvement,
the Municipal Engineer shall estimate the amount, if any, by which
the total cost thereof will exceed the total amount by which all properties,
including the subject tract, will be specially benefited thereby,
and the applicant shall be liable to the municipality for such excess.
The Township Committee shall adopt an Ordinance authorizing and providing
for the financing of the capital improvement or improvements in a
manner consistent with the obligation of the applicant for any difference
in the total cost over total benefits conferred.
4.Â
If the Township Committee determines that the improvement or improvements
shall be constructed or installed as a benefit assessment, the Municipal
Engineer shall estimate the difference between the total costs to
be incurred and the total amount by which all properties, including
the subject tract, will be specifically benefited by the improvement.
The applicant shall be liable to the municipality for the difference
in total cost over total benefits occurred as well as for the amount
of any special assessments against the subdivision property or tract
for benefits conferred by the improvement or improvements. The Township
Committee shall adopt an ordinance authorizing and providing for the
financing of the improvement or improvements and the assessment of
benefits arising in a manner consistent with the obligation of the
applicant. The Township Committee shall proceed in accordance with
N.J.S.A. 40:56, except to the extent modified by the obligation of
the applicant for any excess of total costs over total benefits conferred.
D.Â
Cost Allocation. Nothing in this section shall be construed to prevent
the municipality and applicant from agreeing to use a different method
of allocating cost.
E.Â
Costs included. The cost of an improvement shall be construed to
encompass all costs related to such improvement, including, but not
limited to, planning, feasibility studies, surveying, permit acquisition,
property and easement acquisition, design, construction, and inspection
of a project.
F.Â
Performance Guarantee. The applicant shall be required to provide,
as a condition for final approval a performance guarantee for the
off-tract improvements in accordance with 181-902, Guarantee Required.
G.Â
Refund of Deposit. In any case in which an applicant shall deposit
money with the municipality for the completion of an improvement that
is to be constructed pursuant to this Ordinance by the municipality,
the applicant shall be entitled to full refund of such deposit if
the Township Committee of the municipality shall not have enacted
an ordinance authorizing the improvement within 10 years after the
date of all other improvements are completed.
H.Â
Deposit of Funds. All monies paid an applicant pursuant to this section
shall be deposited with the municipality in a trust fund account.
Such funds shall be used only for the improvements for which they
are deposited or improvements serving the same purpose.
I.Â
Redetermination of Assessment. Upon completion of off-tract improvements
required pursuant to this section, the applicant's liability, shall
be recalculated in accordance with the actual, as compared with the
estimated, cost of the improvements. To the extent that it shall decrease
the amount of the cost estimate, the Township shall refund the amount
of such difference to the applicant. In cases where improvements are
specially assessed against all benefited properties, recalculation
shall be made by the municipal assessing authority in the course of
the special assessment proceedings. In other cases, it shall be made
by the Municipal Engineer.
[Added 3-5-2019 by Ord. No. 1636-19; Amended 6-18-2019 by Ord. No. 1646-19]
A.Â
Purpose. This section establishes standards for the collection, maintenance,
and expenditure of development fees that are consistent with COAH's
regulations developed in response to P.L. 2008, c. 46, Sections 8
and 32-38 (C. 52:27D-329.2) and the Statewide Non-Residential Development
Fee Act (C. 40:55D-8.1 through 8.7). Fees collected pursuant to this
section shall be used for the sole purpose of providing low- and moderate-income
housing in accordance with a Court-approved Spending Plan.
C.Â
AFFORDABLE HOUSING DEVELOPMENT
COAH or THE COUNCIL
CONSTRUCTION OFFICIAL
DEVELOPER
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
TOWNSHIP
Definitions. The following terms, as used in this section, shall
have the following meanings:
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 housing development.
The New Jersey Council on Affordable Housing established
under the Fair Housing Act.
The construction office or his/her designee.
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.
Money paid by a developer for the improvement of property
as permitted at N.J.A.C. 5:93-8.
[Amended 8-6-2019 by Ord.
No. 1649-19]
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).
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.
The Township of Hazlet.
D.Â
Residential Development Fees.
1.Â
Imposition of Fees.
a.Â
Within the Township of Hazlet, all residential developers, except
for developers of the types of developments specifically exempted
below and developers of developments that include affordable housing,
shall pay a fee of 1.5% of the equalized assessed value for all new
residential development provided no increased density is permitted.
Development fees shall also be imposed and collected when an additional
dwelling unit is added to an existing residential structure; in such
cases, the fee shall be calculated based on the increase in the equalized
assessed value of the property due to the additional dwelling unit.
b.Â
When an increase in residential density is permitted pursuant to
a "d" variance granted under N.J.S.A. 40:55D-70d(5), developers shall
be required to pay a "bonus" development fee of 6% of the equalized
assessed value for each additional unit that may be realized, except
that this provision shall not be applicable to a development that
will include affordable housing. 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.
c.Â
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.
2.Â
Eligible Exactions, Ineligible Exactions and Exemptions for Residential
Developments.
a.Â
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.
b.Â
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. However, a residential development fee shall
be imposed retroactively upon the development of Block 65, Lots 1.01
through 1.26 upon the entry of an Order or Judgment in the Matter
entitled Devino and Jackiewicz, LLC v. Township of Hazlet. 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.
c.Â
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.
d.Â
Developers of houses of worship and other uses that are entitled
to exemption from New Jersey real property tax shall be exempt from
the payment of a development fee, provided that such development does
not result in the construction of any additional housing or residential
units, including assisted living and continuing care retirement communities.
e.Â
A development shall be exempt from an increase in the percentage
of the development fee, provided the building permit was issued prior
to the effective date of this section, or prior to any subsequent
ordinance increasing the fee percentage. The developer shall have
the right to pay the fee based on the percentage in effect on the
date the building permit was issued.
f.Â
With the exception of the construction of an accessory additions,
alterations or improvements made to existing structures resulting
in an increase in the equalized assessed value totaling less than
$200,000 shall be exempt if:
(i)Â
The addition(s) increases the square footage of an existing
structure by less than 50%; or
(ii)Â
The improvements involve alterations to, or the rebuilding and/or
replacement of, less than 50% of the square footage of an existing
structure.
(iii)Â
For purposes of determining eligibility for exemption
from the imposition of development fees, all additions, improvements,
alterations and any replacement or rebuilding of an existing structure
shall be aggregated in determining the total increase in equalized
assessed value.
g.Â
Any development or improvement to structures of owner-occupied property
in which there is located an affordable accessory residence. This
exemption shall only apply to development or improvements to the property
during the period of affordability controls.
h.Â
The construction of a new accessory building or other structure on
the same lot as the principal building shall be exempt from the imposition
of development fees if the assessed value of the structure is determined
to be less than $100,000.
E.Â
Non-Residential Development Fees (NRDF).
1.Â
Imposition of Fees.
a.Â
Within all zoning districts, non-residential developers, except for
developers of the types of developments specifically exempted below,
shall pay a fee equal to 2.5% of the equalized assessed value of the
land and improvements, for all new non-residential construction on
an unimproved lot or lots.
b.Â
Within all zoning districts, non-residential developers, except for
developers of the types of developments specifically exempted below,
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.
c.Â
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be collected pursuant to N.J.S.A. 40:55D-8.4 and Form N-RDF.
d.Â
The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to the development fee of 2.5% unless
otherwise exempted below.
e.Â
The NRDF collected by the Township for Block 183, Lot 1.01 is ratified.
f.Â
Any NRDF collected by the Township prior to the Court approval of
a Spending Plan are authorized.
2.Â
Eligible Exactions, Ineligible Exactions and Exemptions for Non-residential
Development.
a.Â
The 2.5% development fee shall not apply to an increase in equalized
assessed value resulting from alterations, change in use within the
existing footprint, reconstruction, renovations and repairs.
b.Â
Non-residential developments shall be exempt from the payment of
non-residential development fees in accordance with the exemptions
required pursuant to the Statewide Non-Residential Development Fee
Act (N.J.S.A. 40:55D-8.1 through 8.7), as specified in Form N-RDF
"State of New Jersey Non-Residential Development Certification/Exemption".
Any exemption claimed by a developer shall be substantiated by that
developer.
c.Â
A developer of a non-residential development exempted from the non-residential
development fee pursuant to the Statewide Non-Residential Development
Fee Act shall be subject to the fee at such time as the basis for
the exemption no longer applies, and shall make the payment of the
non-residential development fee, in that event, within three years
after that event or after the issuance of the final Certificate of
Occupancy for the non-residential development, whichever is later.
d.Â
If a property which was exempted from the collection of a non-residential
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 non-residential development fees under these circumstances
may be enforceable by the Township of Hazlet as a lien against the
real property of the owner.
e.Â
Pursuant to P.L. 2009, c. 90 and P.L.2011, c. 122, the non-residential
statewide development fee of 2.5% for non-residential development
is suspended for all non-residential projects that received preliminary
or final site plan approval subsequent to July 17, 2008 until July
1, 2013, provided that a permit for the construction of the building
has been issued prior to January 1, 2015.
F.Â
Collection Procedures.
1.Â
Upon the granting of a preliminary, final or other applicable approval
for a development, the approving authority or entity shall notify
or direct its staff to notify the Construction Official responsible
for the issuance of a Construction Permit.
2.Â
For non-residential 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 non-residential development shall complete
Form N-RDF as per the instructions provided. The Construction Official
shall verify the information submitted by the non-residential 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.
3.Â
The Construction Official responsible for the issuance of a Construction
Permit shall notify the Township Tax Assessor of the issuance of the
first Construction Permit for a development which is subject to a
development fee.
4.Â
Within 90 days of receipt of such notification, the Township Tax
Assessor shall prepare an estimate of the equalized assessed value
of the development based on the plans filed.
5.Â
The Construction Official responsible for the issuance of a final
Certificate of Occupancy shall notify the Township Tax Assessor of
any and all requests for the scheduling of a final inspection on a
property which is subject to a development fee.
6.Â
Within 10 business days of a request for the scheduling of a final
inspection, the Township Tax Assessor shall confirm or modify the
previously estimated equalized assessed value of the improvements
associated with the development; calculate the development fee; and
thereafter notify the developer of the amount of the fee.
7.Â
Should the Township of Hazlet fail to determine or to 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).
8.Â
The fees for residential and non-residential developments shall be
collected at the time of issuance of the Certificate of Occupancy.
[Amended 6-27-2023 by Ord. No. 1714-23]
9.Â
Appeal of Development Fees.
a.Â
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 Township of Hazlet. 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, R.S. 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.
b.Â
A developer may challenge non-residential 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 Township of
Hazlet. 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, R.S.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.
G.Â
Affordable Housing Trust Fund.
1.Â
There is hereby created a separate, interest-bearing Affordable Housing
Trust Fund to be maintained by the Chief Financial Officer of the
Township of Hazlet for the purpose of depositing development fees
collected from residential and non-residential developers and proceeds
from the sale of units with extinguished controls.
2.Â
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
a.Â
Payments in lieu of on-site construction of a fraction of an affordable
unit, where permitted by ordinance or by agreement with the Township
of Hazlet;
b.Â
Funds contributed by developers to make 10% of the adaptable entrances
in a townhouse or other multistory attached dwelling unit development
accessible;
c.Â
Rental income from municipally operated units;
d.Â
Repayments from affordable housing program loans;
e.Â
Recapture funds;
f.Â
Proceeds from the sale of affordable units; and
g.Â
Any other funds collected in connection with Hazlet Township's affordable
housing program.
3.Â
In the event of a failure by the Township of Hazlet to comply with
trust fund monitoring and reporting requirements or to submit accurate
monitoring reports; or a failure to comply with the conditions of
the judgment of compliance or a revocation of the judgment of compliance;
or a failure to implement the approved Spending Plan and to expend
funds within the applicable required time period as set forth in In
re Tp. of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (aff'd 442 N.J.
Super. 563); or the expenditure of funds on activities not approved
by the Court; or for other good cause demonstrating the unapproved
use(s) of funds, the Court may authorize the State of New Jersey,
Department of Community Affairs, Division of Local Government Services
(LGS), to direct the manner in which the funds in the Affordable Housing
Trust Fund shall be expended, provided that all such funds shall,
to the extent practicable, be utilized for affordable housing programs
within the Township of Hazlet, or, if not practicable, then within
the County or the Housing Region.
Any party may bring a motion before the Superior Court presenting
evidence of such condition(s), and the Court may, after considering
the evidence and providing the municipality a reasonable opportunity
to respond and/or to remedy the non-compliant condition(s), and upon
a finding of continuing and deliberate non-compliance, determine to
authorize LGS to direct the expenditure of funds in the Trust Fund.
The Court may also impose such other remedies as may be reasonable
and appropriate to the circumstances.
4.Â
Interest accrued in the Affordable Housing Trust Fund shall only
be used to fund eligible affordable housing activities approved by
the Court.
H.Â
Use of Funds.
1.Â
The expenditure of all funds shall conform to a Spending Plan approved
by the Court. Funds deposited in the Affordable Housing Trust Fund
may be used for any activity approved by the Court to address the
Township of Hazlet'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; housing rehabilitation;
new construction of affordable housing units and related costs; accessory
apartments; a market to affordable program; Regional Housing Partnership
programs; conversion of existing non-residential 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; and/or any other activity
permitted by the Court and specified in the approved Spending Plan.
2.Â
Funds shall not be expended to reimburse the Township of Hazlet for
past housing activities.
3.Â
At least 30% of all development fees collected and interest earned
on such fees 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 the median income
for Housing Region 4, in which Hazlet Township is located.
a.Â
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. The specific programs
to be used for affordability assistance shall be identified and described
within the Spending Plan.
b.Â
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. The specific programs
to be used for very low income affordability assistance shall be identified
and described within the Spending Plan.
c.Â
Payments in lieu of constructing affordable housing units on site,
if permitted by ordinance or by agreement with the Township of Hazlet,
and funds from the sale of units with extinguished controls shall
be exempt from the affordability assistance requirement.
4.Â
The Township of Hazlet may contract with a private or public entity
to administer any part of its Housing Element and Fair Share Plan,
including its programs for affordability assistance.
5.Â
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 consultants' fees
necessary to develop or implement a new construction program, prepare
a Housing Element and Fair Share Plan, and/or administer an affirmative
marketing program or a rehabilitation program.
a.Â
In the case of a rehabilitation program, the administrative costs
of the rehabilitation program shall be included as part of the 20%
of collected development fees that may be expended on administration.
b.Â
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 related to securing or appealing
a judgment from the Court are not eligible uses of the Affordable
Housing Trust Fund.
I.Â
Monitoring. The Township of Hazlet shall provide annual reporting
of Affordable Housing Trust Fund activity to the State of New Jersey,
Department of Community Affairs, Council on Affordable Housing or
Local Government Services or other entity designated by the State
of New Jersey, with a copy provided to Fair Share Housing Center and
posted on the municipal website, using forms developed for this purpose
by the New Jersey Department of Community Affairs, Council on Affordable
Housing or Local Government Services. The reporting shall include
an accounting of all Affordable Housing Trust Fund activity, including
the sources and amounts of funds collected and the amounts and purposes
for which any funds have been expended. Such reporting shall include
an accounting of development fees collected from residential and non-residential
developers, payments in lieu of constructing affordable units on site
(if permitted by ordinance or by agreement with the Township), funds
from the sale of units with extinguished controls, barrier free escrow
funds, rental income from Township owned affordable housing units,
repayments from affordable housing program loans, and any other funds
collected in connection with Hazlet Township's affordable housing
programs, as well as an accounting of the expenditures of revenues
and implementation of the Spending Plan approved by the Court.
J.Â
Ongoing Collection of Fees.
1.Â
The ability for the Township of Hazlet to impose, collect and expend
development fees shall expire with the expiration of the repose period
covered by its Judgment of Compliance unless the Township of Hazlet
has first filed an adopted Housing Element and Fair Share Plan with
the Court or with a designated State administrative agency, has petitioned
for a Judgment of Compliance from the Court or for Substantive Certification
or its equivalent from a State administrative agency authorized to
approve and administer municipal affordable housing compliance and
has received approval of its Development Fee Ordinance from the entity
that will be reviewing and approving the Housing Element and Fair
Share Plan.
2.Â
If the Township of Hazlet fails to renew its ability to impose and
collect development fees prior to the expiration of its Judgment of
Compliance, it may be subject to forfeiture of any or all funds remaining
within its Affordable Housing 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).
3.Â
The Township of Hazlet shall not impose a residential development
fee on a development that receives preliminary or final site plan
approval after the expiration of its Judgment of Compliance, nor shall
the Township of Hazlet retroactively impose a development fee on such
a development. The Township of Hazlet also shall not expend any of
its collected development fees after the expiration of its Judgment
of Compliance.