A. 
Final approval prerequisites. Prior to the granting of final approval of any subdivision, cluster development or planned unit development and prior to the issuance of any construction permit for any land use, including land uses which require site plan approval pursuant to this chapter and any residence or other use of property on an unimproved street or where any off-tract improvements have not been installed, the developer shall pay his pro rata share of the cost of providing any reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the development but necessitated or required by construction or improvements within the development. All payments shall be in the manner provided in Subsection C below, it being the intent of this subsection that the developer bear that portion of the cost which bears a rational basis to the needs created by the development and/or benefits conferred upon such development.
B. 
Improvements required. Off-site and off-tract improvements shall include the following:
(1) 
All improvements of the type described in Subsection E below, for on-site installation, where the need for the providing of such improvements off site or off tract is, in whole or in part, made necessary by the proposed development application of the developer and where the making of such improvements will confer a benefit upon the developer's lands which are the subject of the development application.
(2) 
Any improvement or facility, the installation of which is required in the public interest and the public need for which would not arise but for the improvement of lands which are the subject of the development application and the installation of which would confer a benefit upon the developer's lands which are the subject of the development application. In addition to improvements of the type described in Subsection E and referred to in Subsection B(1) above, improvements required to maintain a safe flow of vehicular and pedestrian traffic are specifically declared to be necessary in the public interest.
(3) 
The installation of new or the extension or modification of existing improvements made necessary in whole or in part by the development application which will be benefited by the improvement.
C. 
Developer's share of cost for improvements not installed by him. In the event that the developer shall not be required to install off-site or off-tract improvements by virtue of the provisions of this chapter, then and in that event there shall be paid to the Township Treasurer the amount of the developer's share of the finally determined cost of the off-site or off-tract improvement. All moneys received by the Township in accordance with the provisions of this subsection shall be deposited in an interest-bearing account, and such funds shall be used only for the improvements for which they are deposited or improvements serving the same purpose. If the improvements are not initiated within a period of 10 years from the date of payment or other mutually agreeable period of time, all deposited funds shall be returned to the developer, together with accumulated interest.
D. 
Cost allocation.
(1) 
Full allocation. In cases where off-tract improvements are necessitated by the property development and where no other property owner(s) receives a special benefit thereby, the applicant may be required at his sole expense and as a condition of approval to provide and install such improvements.
(2) 
Proportionate allocation. Where it is determined that properties outside the development will also be benefited by the off-tract improvement, the allocation formulas shall be utilized in determining the proportionate share of the cost of such improvements to the developer.
(3) 
Predetermined allocation. In some cases, where the nature of the improvement makes it difficult to determine the extent of cost of the improvement or its allocation to a specific project, the Township Committee may enact by ordinance specific predetermined assessments.
E. 
Improvements to be considered. Prior to the granting of final approval, the developer shall have installed or, if permitted in lieu thereof, shall have furnished performance guaranties for the ultimate installation of the following improvements. All improvements shall be designed, constructed and placed in accordance with any applicable standards and specifications of the Township or county, state or federal regulatory agencies. The developer may construct improvements prior to final approval and filing of the final plat, provided that final construction drawings have been received and approved by the Township Engineer as specified and upon notification to the Board 45 days prior to the start of construction and payment of inspection fees, as specified in this chapter, seven days prior to the start of construction. Improvements are as follows:
(1) 
Streets, grading and streetlights.
(2) 
Street name signs at all street intersections within or abutting the subdivision.
(3) 
Curbs.
(4) 
Sidewalks.
(5) 
Shade trees.
(6) 
Monuments. All monuments shall be of the size and shape required by Section 3(q) of Chapter 141 of the Laws of 1960 (N.J.S.A. 46:23-9.11q) and placed in accordance with the statute.
(7) 
Storm drains.
(8) 
Bulkheads.
(9) 
Landscaping, topsoil and seeding on all rights-of-way.
(10) 
Soil erosion and sedimentation control measures.
In all major subdivisions and residential site plans, the developer shall reserve an area as specified in § 110-44 for recreational purposes. The developer shall improve this area for active and passive recreation. Plans for the improvement of this recreation area shall be an integral element of any preliminary plat and final construction drawings for any major subdivision or residential site plan.
A. 
The Township shall ascertain in each drainage instance the drainage area of which the specific subdivision is a part and shall apportion the fair costs of adequate drainage for the whole drainage area among the landowners who contribute to or who will contribute to the stormwater runoff if the subdivision is approved.
B. 
Each applicant for a subdivision requiring provisions for overall drainage of stormwater runoff shall install an adequate drainage system in the specific subdivision and shall also pay in cash to the Township the fair cost so apportioned to the specific subdivision for the ultimate disposal of the stormwater runoff to such ultimate adequate outlet for final disposal as aforesaid. Each payment made to the Township shall be held by it in trust until the overall ultimate disposal system is constructed for the drainage area in question, at which time the trust funds raised for that drainage area may be used for such construction in and for that area.
C. 
The applicant's proportionate share of stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, riprap, improved drainage ditches and appurtenances thereto, and relocation or replacement of other storm drainage facilities or appurtenances associated therewith shall be determined as follows:
(1) 
The capacity and the design of the drainage system to accommodate stormwater runoff shall be based on the standards specified in § 110-23 of this chapter, computed by the developer's engineer and approved by the Municipal Engineer.
(2) 
The capacity of the enlarged, extended or improved system required for the subdivision and areas outside of the developer's tributary to the drainage system shall be determined by the developer's engineer subject to approval of the Municipal Engineer. The plans for the improved system shall be prepared by the developer's engineer and the estimated cost of the enlarged system calculated by the Municipal Engineer. The prorated share for the proposed improvement shall be computed as follows:
Total cost of enlargement or improvement
Capacity of enlargement or improvement (total capacity) expressed in cubic feet per second
=
Developer cost
Development-generated peak rate of runoff expressed in cubic feet per second to be accommodated by the enlargement or improvement
D. 
In all major subdivisions, the developer shall be required to post an off-tract assessment in the amount of $500 per lot to be used for the purchase of stormwater collection and disposal system maintenance equipment to be used in the area containing the subdivision.
For major subdivisions and for site plans with parking for more than 10 vehicles, the applicant shall be responsible for off-tract circulation improvements. The applicant's proportionate share of street improvements, alignment, channelization, barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements uncovered elsewhere, the construction or reconstruction of new or existing streets and other associated street or traffic improvements shall be as follows:
A. 
The applicant shall submit with his application a traffic study which shall include the anticipated off-tract impacts of the project, proposed improvements to remedy the effects of these anticipated impacts and the existing and reasonably anticipated future peak hours for the off-tract improvements.
B. 
The applicant shall furnish a plan for the proposed off-tract improvement which shall include the estimated peak-hour traffic generated by the proposed development and the proportion thereof which is to be accommodated by the proposed off-tract improvement. The ratio of the peak-hour traffic generated by the proposed development which is to be accommodated by the off-tract improvement to the future additional peak-hour traffic anticipated to impact the proposed off-tract improvement shall form the basis of the proportionate share. The proportionate share shall be computed as follows:
Total cost of enlargement or improvement
Capacity of enlargement or improvement (peak-hour traffic)
=
Developer cost
Development-peak hour traffic to be accommodated by the enlargement or improvement
[Amended 3-6-1996 by Ord. No. 96-2; 10-6-2004 by Ord. No. 2004-6]
A. 
Every application for development shall be accompanied by a cashier’s check payable to Oldmans Township in accordance with the Schedule of Administrative and Escrow Fees which is on file in the office of the Zoning Officer. Administrative fees and escrow fees shall be paid in separate checks.
B. 
Application and escrow fees.
(1) 
The application fees and escrow fees recited hereinabove[1] are minimums which must accompany the application. An application shall not be deemed complete until the application fee and escrow fee required have been paid. The Planning Board shall exercise its discretion in establishing the figure required for the escrow fund in the event that the project will require more time for review than has been provided for by the figures recited hereinabove or the project is of a nature that is not expressly included in one of the aforementioned categories.
[1]
Editor's Note: The Schedule of Administrative and Escrow Fees is on file in the office of the Township Zoning Officer.
(2) 
Application fees and escrow fees must be submitted in separate checks payable to Oldmans Township.
(3) 
Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service and, for each date the service is performed, the hours spent to one-quarter-hour increments, the hourly rate and the expenses incurred.
(a) 
All professionals shall submit vouchers to the Chief Financial Officer of Oldmans Township on a monthly basis in accordance with schedules and procedures established by the Chief Financial Officer.
(b) 
Professionals shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer simultaneously to the applicant.
(c) 
The Chief Financial Officer shall prepare and send to the applicant a statement which shall include an accounting of the funds, listing the deposit, interest earnings, disbursements, and cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis, if monthly charges exceed $1,000.
(4) 
If the escrow account or deposit contains insufficient funds to enable the review of the application, or inspection of the improvements, the Chief Financial Officer shall provide the applicant with notice of the insufficient escrow or deposit balance. In order to work to be continued on the application, the applicant shall, within a reasonable time period, post a deposit to the account in an amount to be agreed upon by Oldmans Township and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
(5) 
The following close-out procedure shall apply to all deposits and escrow accounts established under the provisions of P.L. 1975, c.291 (N.J.S.A. 40:55D-1 et seq.) and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the ease of application review escrows and deposits, or after the improvements have been approved as provided in section 41 of P.L. 1975, c.291 (N.J.S.A. 40:55D-53), in the case of improvement inspection escrows and deposits.
(a) 
The applicant shall send written notice by certified mail to the Chief Financial Officer and the approving authority, and to the relevant municipal professional, that the application or the improvements, as the case may be, are completed.
(b) 
After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer within 30 days and shall send a copy simultaneously to the applicant.
(c) 
The Chief Financial Officer shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill.
(d) 
Any balances remaining in the deposit or escrow account, including interest, shall be refunded to the developer along with the final accounting.
(6) 
All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction.
(a) 
Review fees shall be charged only in connection with an application for development presently pending before the approving authority, or upon review of compliance with conditions of approval, or review of requests for modification or amendment made by the applicant.
(b) 
A professional shall not review items which are subject to approval by any state governmental agency and not under municipal jurisdiction except to the extent consultation with a state agency is necessary due to the effect of state approvals in the subdivision or site plan.
(c) 
Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work, and such inspections shall be reasonably based on the approved development plans and documents.
(7) 
An applicant shall notify in writing the governing body with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for service rendered in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to the provisions of P.L. 1975, c.291 (N.J.S.A. 40:55D-l et seq.).
(a) 
The Oldmans Township Committee, or its designee, shall within a reasonable time period attempt to mediate any disputed charges.
(b) 
If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals established under Section 9 of P.L. 1975, c.217 (N.J.S.A. 52:27D-127) any charge to an escrow account or a deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the municipal engineer pursuant to Section 15 of P.L. 1991, c.256 (N.J.S.A. 40:55D-53.4).
(8) 
Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the Township, the money, until repaid or applied, shall be deposited, including the applicant's portion of interest earned thereon, except as otherwise provided in this section; shall continue to be the property of the applicant; and shall be held in trust by the Township. Money deposited shall be held in escrow. The Township receiving the money shall deposit it in a banking institution or savings and loan association in this state, insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the state, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The Township shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The Township shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall he refunded to him by the Township annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the Township may retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses. The provisions of this section shall apply only to that interest earned and paid on a deposit after the effective date of this section.
A. 
Performance guaranty estimate.
(1) 
No final application for development shall be approved by the Board until the satisfactory completion and performance of all required improvements has been certified to the Board by the Township Engineer, unless the owner shall have filed with the municipality a performance guaranty assuring the installation of said improvements on or before an agreed date and as hereinafter provided.
(2) 
Except as hereafter provided, the remaining required improvements shall be at least fifty-percent completed as to each category set forth in the performance guaranty within one year from the date of final approval or by such time as 50% of the lots in the section in question have been conveyed, in any manner, by the applicant, whichever shall first occur. At least 75% of the remaining required improvements shall be completed as to each category as set forth in the performance guaranty within 18 months from the date of final approval or at such time as 75% of the lots in the section in question have been conveyed. The remaining improvements shall be completed and accepted by the Township within two years from the date of final approval or at such time as all of the lots in the section in question have been conveyed, in any manner, by the applicant, whichever shall first occur. It is the intention of the governing body that this requirement will provide to those living in each new section of a development a dwelling unit that is as complete as possible with respect to tract and individual lot improvements.
[Amended 9-3-1997 by Ord. No. 97-5]
(3) 
A performance guaranty estimate shall be prepared by the Township Engineer setting forth all requirements for improvements as fixed by the Board and their estimated cost. The governing body shall pass a resolution either approving or adjusting this performance guaranty.
B. 
Approval by Township Attorney.
(1) 
The subdivider shall present two copies of the performance guaranty in an amount equal to 120% of the approved performance guaranty estimate for approval as to form and execution by the Township Attorney.
(2) 
The Township Attorney shall notify the Secretary of the Board prior to the meeting that the performance guaranty is properly executed and can be added to the agenda.
C. 
Bonding and cash required.
(1) 
The performance guaranty shall be made payable to Oldmans Township, shall be deposited by the Township Attorney and shall be in the form of cash, a certified check, an irrevocable letter of credit issued by a bank authorized to do business in New Jersey or a performance bond in which the owner shall be principal, the bond to be provided by an acceptable surety company licensed to do business in the State of New Jersey. The Township shall issue its receipt for such deposits and shall cause the same to be deposited in a bank named by the municipality in the name of the Township to be retained as security for completion of all requirements and to be returned to the owner on completion of all required work or, in the event of default on the part of the owner, to be used by the Township 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 a determination by the Township Engineer that the principal has defaulted in the performance of his obligation shall be binding and conclusive upon the surety and the principal.
(2) 
Ten percent of the amount of the approved performance guaranty estimate shall be deposited by the owner in cash with the Township. The remaining 90% may be in cash or surety bond. 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 bond shall thereafter be resorted to, if necessary, for the completion of the requirements. The cash or surety bond shall recite the foregoing provisions.
D. 
Inspections and tests.
(1) 
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 owner, and he shall deposit with the Township Treasurer for placement in a special trust fund account a sum equal to 5% of the amount of the performance guaranty estimate of the cost of public improvements to be applied to payment of inspection costs. If inspection costs exceed such fund, the owner shall deposit with the Township Treasurer additional sums upon notice from the Township Engineer. The Township Treasurer shall return any balance of the inspection deposit to the owner upon expiration of the maintenance bond, together with the paid invoices for all expenses charged, except that the inspection fee shall in no case be less than $100.
(2) 
In no case shall any paving work (including prime and seal coats) 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.
(3) 
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 work:
(a) 
Road subgrade.
(b) 
Curb and gutter forms.
(c) 
Curbs and gutters.
(d) 
Road paving.
(e) 
Sidewalk forms.
(f) 
Sidewalks.
(g) 
Drainage pipes and other drainage or flood-control facilities.
(h) 
Street name signs.
(i) 
Monuments.
(4) 
A final inspection of all improvements and utilities will be started within 10 days' notification by the subdivider or developer to determine whether the work is satisfactory and in agreement with the approved final 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 guaranty covering such improvements and utilities.
(5) 
Inspection by the Township of the installation of improvements and utilities shall not operate to subject the Township to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter, it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the owner and his contractors, if any.
(6) 
After completing the construction of the public improvements covered by the performance guaranty, the subdivider or developer shall prepare a set of the approved public improvement and utility plans and the profiles amended to read "as-built" and apply to the Township Engineer for final inspection of the work. The Township Engineer shall report to the governing body on the condition of the work and recommend that the performance guaranty be released, extended or declared in default.
E. 
Release. The governing body shall, by resolution, release or declare in default each performance guaranty. Such performance guaranty shall remain in effect until released by the governing body. The amount of the performance guaranty may be reduced by the governing body by resolution when portions of the required improvements have been installed and have been inspected and approved by the Township Engineer; provided, however, that it is the policy of the Township that no such reduction shall be approved unless extenuating circumstances prevent the developer from completing all improvements and until the Township Engineer shall have certified the estimated cost of completing any remaining required improvements. If any improvements have not been installed in accordance with the performance guaranty, the obligor and surety shall be liable thereon to the Township for the reasonable cost over and above the ten-percent cash deposit on the improvements not installed, and, upon receipt of the proceeds thereof, the Township shall install such improvements. The Township shall also have all other remedies as may be lawfully available.
F. 
Conditions for acceptance of improvements. The approval of any application for development by the Township shall in no way be construed as acceptance of any street or drainage system or any other improvement, nor shall such 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 governing body unless and until all of the following conditions have been met:
(1) 
The Township Engineer shall have certified, in writing, that the improvements are complete and that they comply with the requirements of this chapter.
(2) 
The final application for development shall have been approved by the Board.
(3) 
The owner shall have filed with the governing body a maintenance guaranty in an amount equal to not more than 15% of the original estimate of the cost of installing the improvements. The maintenance guaranty shall run for a period of two years after final acceptance of the improvement. The procedures and requirements governing such maintenance guaranty shall be identical with the procedures and requirements for a performance guaranty set forth in this chapter. The requirements for a maintenance guaranty may be waived by the governing body 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 owner has maintained the improvements in a satisfactory manner.
[Added 12-6-2006 by Ord. No. 2006-15; amended 6-13-2007 by Ord. No. 2007-7; 12-8-2021 by Ord. No. 2021-12[1]]
A. 
Purpose and general provisions.
[Amended 5-8-2024 by Ord. No. 2024-05]
(1) 
This section establishes standards for the collection, maintenance, and expenditure of development fees that are consistent with regulations promulgated by the NJ Council of Affordable Housing (COAH) in response to N.J.S.A. 52: 27D- 329.2 and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40: 55D- 8.1 through 8.7). Fees collected pursuant to this section shall be used for the sole purpose of providing very-low-, low- and moderate-income housing in accordance with a Spending Plan as approved by Order of the Superior Court, replacing a previous 2006 COAH- approved ordinance.
(2) 
The Township of Oldmans shall spend development fees only in accordance with the Spending Plan in conformance with N.J.A.C. 5:97-8.[2]
B. 
Residential development fees.
(1) 
Imposed fees.
(a) 
Within the Township of Oldmans, residential developers, except for developers 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. 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) 
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 6.0% 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.
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 of 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.
(2) 
Eligible exactions, ineligible exactions and exemptions for residential development.
[Amended 5-8-2024 by Ord. No. 2024-05
(a) 
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, or by redevelopment agreement or other agreement with the Township of Oldmans, shall be exempt from the payment of development fees.
(b) 
Developments that received preliminary or final site plan or subdivision approval prior to December 6, 2006 shall be exempt from the payment of development fees, unless the developer seeks a substantial change in the original approval. Where a site plan approval does not apply, the issuance of a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for the purpose of determining the right to an exemption. In all cases, the applicable fee percentage shall be determined based upon the development fee ordinance in effect on the date that the construction permit is issued.
(c) 
Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use resulting in an increase in the assessed value of the property of $20,000 or more, 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.
(d) 
No development fee shall be collected for a demolition and replacement of a residential building resulting from fire, war, or a natural disaster, shall be exempt from the payment of development fees.
(e) 
Any project for improvement of a structure to comply with existing state or local building, fire, health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, shall be exempt from the payment of development fees.
(f) 
Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places, shall be exempt from the payment of development fees.
(g) 
Nonprofit organizations constructing residential projects which have received tax-exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code shall be exempted from paying a development fee, providing current evidence of that status is submitted to the Municipal Clerk, together with a certification that services of the organization are provided at reduced rates to those who establish an inability to pay existing charges, shall be exempt from the payment of development fees.
(h) 
Federal, state, county, and local governments for their own purposes, shall be exempt from the payment of development fees.
(i) 
A development fee shall be charged for any new dwelling constructed as a replacement for a previously existing dwelling on the same lot that was or will be demolished, unless the owner resided in the previous dwelling for a period of one year or more prior to obtaining a demolition permit. Where a development fee is charged for a replacement dwelling, the development fee shall be calculated on the increase in the equalized assessed value of the new structure as compared to the previous structure.
C. 
Nonresidential development fees.
(1) 
Imposition of fees.
(a) 
Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted below, 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.
(b) 
Within all zoning districts, nonresidential developers, except for developers of the types of development 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 nonresidential purposes.
(c) 
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 improvements and the equalized assessed value of the newly improved structure; i.e., land and improvements; and such calculation shall be made at the time a final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.
(2) 
Eligible exactions, ineligible exactions and exemptions for nonresidential development.
[Amended 5-8-2024 by Ord. No. 2024-05]
(a) 
The nonresidential portion of a mixed-use inclusionary or market-rate development shall be subject to a 2.5% development fee, unless otherwise exempted below.
(b) 
The 2.5% fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.
(c) 
Nonresidential developments shall be exempt from the payment of 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.
(d) 
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 nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the non-residential development, whichever is later.
(e) 
If a property that 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 nonresidential development fees under these circumstances may be enforceable by the Township of Oldmans as a lien against the real property of the owner.
(f) 
Federal, state, county, and local governments for their own purposes, shall be exempt from the payment of development fees.
D. 
Collection of fees.
(1) 
Upon the passage of the resolution of memorialization granting of a preliminary, final or other applicable approval for a development, the Planning Board or Zoning Board of Adjustment Secretary shall notify the construction code official responsible for the issuance of a building permit of the approving authority's action.
(2) 
Once all prior approvals have been obtained, the person requesting a building permit application for a nonresidential development, only, shall also be provided with a copy of Form N-RDF, "State of New Jersey Non-Residential Development Certification/Exemption," to be completed by the developer as part of the building permit application. The construction code official shall verify the information submitted by the nonresidential developer or developer's designee. The Oldmans Township Tax Assessor shall verify any requested exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
(3) 
The construction code official responsible for the issuance of a building permit shall notify the Township Tax Assessor of the issuance of the first construction permit for a development that is subject to a development fee.
(4) 
Within 90 days of receipt of that notice, the Township Tax Assessor shall provide an estimate, based on the plans filed, of the equalized assessed value of the development.
(5) 
The construction code 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 property that is subject to a development fee.
(6) 
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) 
Should the Township of Oldmans 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 N.J.S.A. 40:55D-8.6.
(8) 
Except as provided in Subsection C(1)(c) above, 50% of the development fee shall be collected at the time of issuance of the construction permit. The remaining portion shall be collected at the time of issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at the time of issuance of the construction permit and that determined at the time of issuance of certificate of occupancy.
[Amended 5-8-2024 by Ord. No. 2024-05]
E. 
Appeal of development fees.
(1) 
A developer may challenge residential development fees imposed by filing a challenge with the Salem County Board of Taxation. Pending a review and determination by that board, collected fees shall be placed in an interest-bearing escrow account by the Municipal Housing Finance Officer of the Township of Oldmans. 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 New Jersey 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 Oldmans. 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.
F. 
Affordable Housing Trust Fund.
(1) 
A separate, interest-bearing Affordable Housing Trust Fund was previously created and shall continue to be maintained by the Municipal Housing Finance Officer of the Township of Oldmans for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.
(2) 
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) 
Payments in lieu of on-site construction of an affordable unit, where permitted by ordinance or by agreement with the Township of Oldmans;
(b) 
Funds contributed by developers to make 10% of the adaptable entrances in a townhouse or other multistory attached dwelling unit development accessible to the handicapped;
(c) 
Rental income from municipally operated units;
(d) 
Repayments from affordable housing program loans;
(e) 
Recapture funds;
(f) 
Proceeds from the sale of affordable units; and
(g) 
Any other funds collected in connection with the Township of Oldmans affordable housing program.
(3) 
In the event of a failure by the Township of Oldmans to comply with trust fund monitoring and reporting requirements or to submit accurate monitoring reports; or a failure to comply with the conditions of a 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 NJ Super. 565 (Law Div. 2015) (aff'd 442 NJ 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 (NJLGS), 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 Oldmans, or, if not practicable, then within the county or the housing region.
(4) 
All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by the Court, or successor agency to COAH.
[Amended 5-8-2024 by Ord. No. 2024-05]
G. 
Use of funds.
(1) 
The expenditure of all funds shall conform to a Spending Plan approved by the Court or successor agency to COAH. Funds deposited in the Affordable Housing Trust Fund may be used for any activity approved by the Court to address the Township of Oldmans' 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; 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; and/or any other activity permitted by the Court and specified in the approved Spending Plan.
[Amended 5-8-2024 by Ord. No. 2024-05]
(2) 
Upon approval of the Spending Plan, expenditures of funds detailed therein constitute "commitment" for expenditure pursuant to N.J.S.A. 52:27D-329.2 and 52:27D-329.3, with the four-year time period for expenditure designated pursuant to those provisions beginning to run with the entry of a final Judgment of Repose in accordance with the provisions of In re Tp. Of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (aff'd 442 N.J. Super. 563).
(3) 
Funds shall not be expended to reimburse the Township of Oldmans for past housing activities.
(4) 
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. At least 1/3 of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to very-low-income households earning 30% or less of regional median income by household size for Housing Region 6, in which the Township of Oldmans is located.
(a) 
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, infrastructure assistance, and assistance with emergency repairs. The specific programs to be used for affordability assistance shall be identified and described within the Spending Plan.
(b) 
Affordability assistance to households earning 30% or less of the regional median household income by household size may include producing very-low-income units or 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 regional median income by household size.
(c) 
Payments in lieu of constructing affordable units on-site, if permitted by ordinance or by agreement with the Township of Oldmans, and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirements.
[Amended 5-8-2024 by Ord. No. 2024-05]
(5) 
The Township of Oldmans 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. 5:96-18.
[Amended 5-8-2024 by Ord. No. 2024-05]
(6) 
No more than 20% of all revenues collected from development fees, and interest, 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.
(a) 
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) 
Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with the monitoring requirements set forth in any settlement agreement related to affordable housing in the municipality. Legal or other fees related to litigation opposing affordable housing sites or related to appealing a judgement from the Court are not eligible uses of the Affordable Housing Trust Fund.
H. 
Ongoing collection of fees.
(1) 
The ability for the Township of Oldmans to impose, collect and expend development fees shall expire with the expiration of the repose period covered by its Judgment of Repose unless the Township of Oldmans 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 Repose 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) 
If the Township of Oldmans 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 N.J.S.A. 52:27D-320.
(3) 
The Township of Oldmans 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 Oldmans retroactively impose a development fee on such a development. The Township of Oldmans also shall not expend any of its collected development fees after the expiration of its Judgment of Compliance.
[1]
Editor's Note: This ordinance also renumbered this section from § 110-65.1 to § 110-66.