[Ord. No. 2577; N.J.S.A.
47:1A-5; New]
The following costs shall be charged for copies and other requested
material from the municipality in accordance with N.J.S.A. 47:1A-5.b.
a.
Basic per page copy fees, actual cost not to exceed:
1.
8 1/2 x 11: $0.05 per page
2.
8 1/2 x 14: $0.07 per page
3.
Should the actual costs to produce paper copies exceed the $0.05
and $0.07 rates, the municipality may charge the actual cost of duplication;
4.
The Borough will provide electronic records free of charge (i.e.
records sent via e-mail and fax); and
5.
The Borough will charge the actual cost to provide records in another
medium (i.e. computer disc, CD-ROM, DVD).
b.
Access to electronic records and non-printed materials shall be provided
free of charge, but the public agency may charge for the actual costs
of any needed supplies such as computer discs.
c.
Special service charges; Extraordinary expenditure of time and effort.
1.
Special Service Charge. Whenever the nature, format, manner of collation,
or volume cannot be reproduced by ordinary document copying equipment
in ordinary business size or involves an extraordinary expenditure
of time and effort to accommodate the request, the public agency may
charge in addition to the actual cost of duplicating the record, a
special service charge of twenty-eight dollars and fifty-one cents
($28.51) per hour. Requests that require legal review or other special
professional review will be estimated upon submission and review of
the request. The requestor shall have the opportunity to review and
object to the charge prior to it being incurred.
[Ord. No. 2707 § 1; Ord. No. 2829]
The City of Asbury Park shall establish the hourly billing rates
to be charged for the services of City employees for capital improvement
projects within the City of Asbury Park by a fee schedule which shall
be approved and adopted by the Mayor and City Council by resolution.
[Ord. No. 2707 § 2; Ord. No. 2829]
The City shall adopt a fee schedule and rates by resolution
of the Mayor and City Council.
[Ord. No. 2707 § 3]
Fees may be charged to any developers and/or funding agencies,
as appropriate, who are involved with and/or funding capital improvement
projects within the City of Asbury Park.
[Ord. No. 2707 § 4]
Any and all fees charged to developers and/or funding agencies
as a result of this section shall be placed into the City's General
Revenue Account, and shall be utilized to offset the expenses associated
with the provision of services by City employees to assist with or
facilitate capital improvement projects performed within the City.
All such assessments must be paid within thirty (30) days of the due
date. If not paid, then all City services and activities with respect
to the capital improvement project shall cease.
[Ord. No. 3009]
a.
In accordance with N.J.S.A. 54:5-54 the Tax Collector shall provide
to any party entitled to redeem a certificate pursuant to this section
(N.J.S.A. 54:5-54) two (2) calculations of the amount required for
redemption within a calendar year at no cost. For each subsequent
calculation requested from the Tax Collector there shall be a fifty
($50) dollar fee. A request for a redemption calculation shall be
made in writing to the Tax Collector.
b.
In accordance with the N.J.S.A. 54:5-97 the Tax Collector may charge
a lienholder of a tax lien fifty ($50) dollars for the calculation
of the amount due to redeem the tax lien as required pursuant to N.J.S.A.
54:5-97. Any request for a redemption calculation shall specify the
date to be used for the calculation, which shall be the date of the
notice. Neither the Tax Collector nor the municipality shall be liable
for an incorrect calculation. The fee paid to the municipality shall
not become part of the lien and shall not be passed on to any party
entitled to redeem pursuant to N.J.S.A. 54:5-54.
[Ord. No. 3027]
a.
There are hereby established certain nonrefundable fees for participation
in the various recreational programs offered by and through the Recreation
Department of the City of Asbury Park. A fee schedule setting forth
all of the fees shall be established on an annual basis by the Mayor
and Council by resolution.
b.
A request for a waiver from the fees established shall be considered
on a case by case basis by the Recreation Department pursuant to established
criteria. The Recreation Department is hereby authorized to grant
such waivers when the appropriate criteria have been met by an applicant,
which determination shall be made in the sole discretion of the Recreation
Department.
[Ord. No. 3080]
The purpose of this section is to establish policies and procedures
for the collection of fees associated with the performance of marriage
or civil union ceremonies by the Mayor or Deputy Mayor.
[Ord. No. 3080]
[Ord. No. 2015-50]
A resident of the City of Asbury Park (the "City") or owner
of a business located within the City or other applicant (the "applicant"),
may from time to time submit a request to the Mayor and Council relating
to a certain project which requires professional services to be rendered
by professionals appointed and/or employed by the City.
Such professional services may include research, preparation
and/or review of documents, and/or other services which are billable
at the regular hourly rates of those professionals providing the services.
The purpose of this section is to establish a procedure for
said process, including the posting of escrow funds by the private
applicant. In this way, the costs and expenses associated with such
private requests shall be paid by the applicant whose interests are
being furthered by the request, rather than by the City's taxpayers.
[Ord. No. 2015-50]
a.
Requests made by an applicant relating to private project(s) which
require professional services to be rendered by professionals appointed
and/or employed by the City may be made in accordance with the provisions
set forth in this section.
b.
The applicant must submit a written request to the City Manager which
shall include a precise, written description of the application and
the request that is being made of the City. If available, the applicant
shall also submit conceptual plans to describe the specific project.
These can include a sketch site plan and floor plans. Plans need not
be prepared by a licensed professional, but must be of sufficient
detail to describe the proposed project.
c.
The City Manager, the Mayor and Council, and/or City staff may request
additional information that is found necessary to complete their review.
[Ord. No. 2015-50]
Upon receipt of a complete application, the City Manager shall
distribute copies of the request to the Mayor and Council and appropriate
professionals.
[Ord. No. 2015-50]
a.
Escrow fees, in an amount to be determined by the City Manager and
Chief Financial Officer, shall be deposited at the time that an application
is filed. The minimum escrow amount shall be five hundred ($500)dollars.
The applicant shall supplement the escrow deposit, as required, to
cover the cost of professional services rendered in connection with
the project, as needed.
b.
Any escrow funds not needed to pay outstanding invoices of professionals
who have rendered professional services related to the project shall
be returned to the applicant within a reasonable time after the services
are rendered.
c.
If an escrow account contains insufficient funds at any time to enable
the City and/or the approved professionals to perform the required
services, the City will provide the applicant with a notice of the
amount of insufficient funds. Said notice will also provide that in
order for the professional services to continue, the deficiency must
be paid within the time frame set forth in the notice. If the applicant
does not comply with the terms of the notice all professional services
will cease until such time as the applicant complies with the terms
of the notice.
[Ord. No. 2015-50]
Professional services contemplated hereunder shall include,
but shall not be limited to attorneys engaged by the City, professional
planners, consultants, and/or other advisors to the City.
[Ord No. 2017-6]
The payment in lieu of parking shall be $15,000 per space.
All units that are deeded affordable per HUD standard for Monmouth
County for a minimum of ten (10) years shall pay fifty (50%) percent
($7,500) of the fee per space.
The proceeds shall be deposited into a fund established solely
for the acquisition, development, expansion or capital repair of public
and municipal parking facilities, traffic- or transportation-related
capital projects, the provision or operating expenses of transit facilities
designed to reduce reliance on private automobiles, programs to facilitate
carpooling or ride sharing, and creating a consistent streetscape
for all user groups utilizing all modes of transportation by introducing
context-sensitive design elements at intersections and corridors,
such as parking meters, wayfinding signage, kiosks, trails, sidewalks,
crosswalks, streets and similar improvements that connect users to
public and municipal parking facilities throughout the City. The proceeds
of such fund shall not be considered a part of the municipal general
fund.
[Added 12-27-2018 by Ord.
No. 2018-21; amended 12-22-2020 by Ord. No. 2020-28]
a.
In Holmdel Builder's 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.
COAH was authorized by P.L. 2008, c. 46, Section 8 (N.J.S.A. 52:27D-329.2),
and the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1
through 40:55D-8.7) to adopt and promulgate regulations necessary
for the establishment, implementation, review, monitoring and enforcement
of municipal affordable housing trust funds and corresponding spending
plans. Municipalities that are under the jurisdiction of COAH or a
court of competent jurisdiction and have a COAH- or court-approved
spending plan may retain fees collected from nonresidential development.
c.
In Re: Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council
on Affordable Housing, 221 N.J. 1 (2015), also known as the Mount
Laurel IV decision, the Supreme Court remanded COAH's duties to the
Superior Court. As a result, affordable housing development fee collections
and expenditures from the municipal affordable housing trust funds
to implement municipal Third Round Fair Share Plans through July 1,
2025 are under the Court's jurisdiction and are subject to approval
by the Court.
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, Sections 8 and 32 through
38 (N.J.S.A. 52:27D-329.2 and N.J.S.A. 40:55D-8.1 through 40:55D-8.7,
respectively). Fees collected pursuant to this chapter 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.
[Added 12-27-2018 by Ord.
No. 2018-21; amended 12-22-2020 by Ord. No. 2020-28]
[Added 12-27-2018 by Ord.
No. 2018-21; amended 12-22-2020 by Ord. No. 2020-28]
The following terms, as used in this section, shall have the
following meanings:
A development that is inclusionary development, a municipal
construction project containing affordable units or a 100% affordable
development. This shall include any project that contains restricted
very-low-, low-, moderate-, or middle-income units on- or off-site.
This shall also include any project that utilizes funds from the City's
Regional Contribution Agreements (RCA).
The New Jersey Council on Affordable Housing established
under the Fair Housing Act.
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 in N.J.A.C. 5:93-8.
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 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.
[Added 12-27-2018 by Ord.
No. 2018-21; amended 12-22-2020 by Ord. No. 2020-28]
a.
Imposed fees.
1.
Within all Zoning Districts and Redevelopment Areas, residential
developers, except for developers of one or more dwelling units of
the types of development specifically exempted below, 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 1.5% 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, 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.
2.
Developments that have received preliminary or final site plan approval
or are subject to an executed redevelopment or development agreement
(including master redeveloper agreement) 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.
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.
(Reserved)
4.
Buildings that are elevated or buildings that are replaced in an
elevated position shall be exempt from paying a development fee provided
the buildings are located in a Special Flood Hazard Area and meet
the following. Notwithstanding, the exemption shall not apply if the
number of residential units in the existing or demolished building
is increased.
(a)
New construction and substantial improvement of any residential
structure shall have the lowest floor, including basement together
with the attendant utilities and sanitary facilities, elevated to
or above base flood elevation; and
(b)
Within any AO Zone on the municipality's FIRM that all new construction
and substantial improvement of any residential structure shall have
the lowest floor, including basement, elevated above the highest adjacent
grade at least as high as the depth number specified in feet (at least
two feet if no depth number is specified). And, require adequate drainage
paths around structures on slopes to guide floodwaters around and
away from proposed structures.
5.
Buildings demolished and replaced due to being "destroyed" as a result
of a fire or natural disaster (excluding flood damaged buildings that
are located in the Special Flood Hazard Area) shall be exempt from
paying a development fee, except:
(a)
If the original building footprint is expanded by greater than
10%.
(b)
If the number of residential units in the replacement building
is greater than the number of units in the original building being
demolished (Example: A single-family house is replaced with a house
having three residential units).
6.
Renovations and additions to existing residential structures which
results in less than a 10% increase in floor area.
[Added 12-27-2018 by Ord.
No. 2018-21; amended 12-22-2020 by Ord. No. 2020-28]
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 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.
b.
Eligible exactions, ineligible exactions and exemptions for nonresidential
development.
1.
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.
2.
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.
3.
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 Nonresidential Development Certification/Exemption" form. Any
exemption claimed by a developer shall be substantiated by that developer.
4.
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.
5.
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 Asbury Park as a lien against the real property
of the owner.
[Added 12-27-2018 by Ord.
No. 2018-21; amended 12-22-2020 by Ord. No. 2020-28]
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 Nonresidential
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 and 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 Asbury Park 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.
50% 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 Asbury Park. Appeals from a
determination of the Board may be made to the Tax Court in accordance
with the provisions of the State Uniform Tax 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 Asbury Park. Appeals
from a determination of the Director may be made to the Tax Court
in accordance with the provisions of the State Uniform Tax 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.
[Added 12-27-2018 by Ord.
No. 2018-21; amended 12-22-2020 by Ord. No. 2020-28]
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 Asbury Park's affordable
housing program.
[Added 12-27-2018 by Ord.
No. 2018-21; amended 12-22-2020 by Ord. No. 2020-28]
a.
The expenditure of all funds shall conform to a spending plan approved
by the Court. Funds deposited in the housing trust fund may be used
for any activity approved by the Court to address the City'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 Asbury Park 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 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.
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.
Asbury Park 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, in accordance with N.J.A.C.
5:93-8.16.
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 annual monitoring requirements.
f.
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.
[Added 12-27-2018 by Ord.
No. 2018-21; amended 12-22-2020 by Ord. No. 2020-28]
a.
On or about June 30 of each year through 2025, Asbury Park shall
provide annual reporting of trust fund activity to the New Jersey
Department of Community Affairs ("DCA"), COAH, or Local Government
Services ("LGS"), 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 DCA,
COAH, or LGS. This reporting shall include an accounting of all housing
trust fund activity, including the collection of development fees
from residential and nonresidential developers, payments in lieu of
constructing affordable units on site, 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 Asbury Park's housing program, as well
as to the expenditure of revenues and implementation of the plan approved
by the Court.
[Added 12-27-2018 by Ord.
No. 2018-21; amended 12-22-2020 by Ord. No. 2020-28]
a.
The ability for Asbury Park to impose, collect and expend development
fees shall expire with its Court-issued Judgement of Compliance unless
Asbury Park has filed an adopted Housing Element and Fair Share Plan
with the Court, has filed a Declaratory Judgement Action, and has
received the Court's approval of its development fee ordinance. If
Asbury Park fails to renew its ability to impose and collect development
fees prior to the expiration of its 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). Asbury Park
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 and Repose, nor shall Asbury Park retroactively
impose a development fee on such a development. Asbury Park shall
not expend development fees after the expiration of its substantive
certification or Judgment of Compliance and Repose.
