[Amended 2-27-2017 by Ord. No. 793-17; 11-14-2022 by Ord. No. 861-22; 8-14-2023 by Ord. No. 871-23; 2-5-2024 by Ord. No. 876-23]
A. Application for Development Permit:
1.
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Air conditioners, fences, replacement signs (in-kind)
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$100
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Sheds under 100 square feet
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$100
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Sheds 100 square feet and over
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$300
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2.
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Temporary storage/portable storage unit application prior to
placement of unit
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$25
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3.
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New signs
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$300
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4.
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Application that do not require a certificate of occupancy
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$300
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5.
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Applications that require inspection and/or a Certificate of
Occupancy: $200 plus engineering escrow to be calculated by the Borough
Engineer
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$200
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B. Grading Permit:
Application Individual:
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$150
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1.
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House Location Plot/Grading Plans for fill over 10 cubic yards
or more than 200 Square Feet of Disturbance and swimming pools
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$150
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2.
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Like kind repairs and replacements under $2,500 shall not require
a development permit.
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3.
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Professional review costs for grading permit application shall be in accordance with Section 16A-3.4M.
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C. Minor Subdivision Approval:
1.
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Each Informal-Review
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$300
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2.
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Application fee: Each preliminary submission
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$250
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3.
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Plat review fee:
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$500 (per lot)
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D. Major Subdivision Approval:
1.
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Each informal review
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$200
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2.
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Preliminary application fee
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$500
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3.
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Preliminary plat review fee
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$500 (per lot)
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4.
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Final plat application fee
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$100 (per lot)
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5.
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Final plat review fee
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$150 (per lot)
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E. Minor Site Plan Approval:
1.
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Each informal review
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$100
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2.
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Application fee
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$300
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3.
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Approval review fee
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$500 (per lot)
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F. Major Site Plan Approval:
1.
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Each informal review
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$200
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2.
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Preliminary application fee
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$500
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3.
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Preliminary approval review fees. The sum of the applicable
fees below:
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a.
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Residential (including community residence, but not including
sheltered care, nursing homes, or other medical/institutional uses)
the sum of:
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(1)
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Preliminary Approval, Major Site Plan:
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0-10 units
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$2,500
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11-24 units
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$2,500 + $100/lot
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Over 24 units
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$4,900 + $50/lot
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(2)
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For each remodeled, reconstructed, refurbished or rehabilitated
dwelling unit
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$300
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(3)
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For each new or additional parking space:
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(a)
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First 25 spaces
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$50
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(b)
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Over 25 spaces
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$30
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(4)
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For each reconstructed, surfaced or improved existing paved
parking space: per space
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$30 per space
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b.
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Other Uses:
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The sum of $200 plus:
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$200 plus
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(1)
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For each full 1,000 square feet of affected lot area:
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(a)
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First 10,000 square feet
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$25 per 1,000 square feet
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(b)
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Over 10,000 square feet
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$50 per 1,000 square feet
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(2)
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For each full 1,000 square feet of proposed new gross floor
area:
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(a)
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First 10,000 square feet
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$150 per 1,000 square feet
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(b)
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Over 10,000 square feet
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$50 per 1,000 square feet
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(3)
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For each proposed new or additional parking space:
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(a)
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First 25 spaces
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$40 per space
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(b)
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Over 25 spaces
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$30 per space
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(4)
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For each full 1,000 square feet of remodeled existing gross
floor area
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$50 per 1,000 square feet
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(5)
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For each reconstructed, resurfaced or improved existing paved
parking space
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$30 per space
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(6)
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For each proposed freestanding sign
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$300
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4.
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Final Application Fee
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$250
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5.
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Final Approval - 50% of the fees for preliminary approval enumerated
above.
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50% of fees for preliminary approval
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G. Variances:
1.
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Appeals
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a.
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Single and/or two-family residential uses
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$150
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b.
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Other
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$300
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2.
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Interpretation of the Land Use and Development Zoning Regulations
or Map
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$175
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3.
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Hardship or Bulk Variance
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a.
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Single and/or two-family uses: Per proposed variance
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$250
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b.
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Other: Per proposed variance
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$250
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c.
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All existing non-conformities on lot
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$150
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4.
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Use Variance
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a.
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Proposed single and/or two-family residential uses
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$500
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b.
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Other than paragraph a above uses with floor areas totaling
5,000 square feet or less
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$1,000
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c.
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Uses other than paragraph a above with floor areas totaling
5,000 square feet or more
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$1,500
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d.
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Floor Area Ratio
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$350
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5.
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Building Permit in conflict with Official Map or Building Permit
for lot not related to a street
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$300
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H. Conditional Uses:
$300 plus site plan, variance and other fees listed above
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$300+
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I. Public Hearing:
For those development applications which require a public notice or hearing pursuant to § 16A-3.3D
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$300
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J. Reproduction of records:
1.
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Duplication of tape recordings: per meeting
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$200
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2.
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Use of tape recordings for transcript purposes, applicant to
supply stenographer to make transcript
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$100
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3.
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Duplication of plan drawings: 11" x 17" per sheet
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$10/per sheet
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K. Change of Master Plan or Zone District request application:
1.
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Single-Family Residential to other Single-Family Residential
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$500
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2.
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Single-Family Residential to multi-family, commercial, industrial,
office research or other non-single-family zone:
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$750+
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Plus $50 per acre for each acre over five acres
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$50 per acre over five
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L. Environmental Impact Report (EIR):
For those development applications which require review of an EIR pursuant to § 16A-8.13
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$750
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M. Professional Review Costs:
1. In addition to the application fees set forth above, the planning
board may charge the applicant an amount equal to the fee(s) which
the board pays to an attorney, professional engineer or planner to
review the development application. If the board determines that it
is necessary to retain the services of a professional engineer or
planner to review the development application, the applicant shall
be required to pay an initial deposit and such other additional deposits
as may be required to offset these special review costs incurred by
the board. The applicant, shall, at the time of filing an application,
be required to post the following minimum amounts:
a.
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Grading Permits for Individual house plan/grading plans for
fill over five cubic yards
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$150
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b.
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Minor property improvements
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$500
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c.
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Sign application
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$100
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d.
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Coastal Wetlands Applications
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$500
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e.
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Minor subdivisions application involving no variances or exceptions,
including any application for a waiver of site plan approval:
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$2,000
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f.
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Simple bulk variances
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$300
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g.
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For all other applications not listed in subsection L(1)a or
L(1)b:
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$4,000
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h.
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Preparation of Resolution
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$250
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2. In the event any development application requires more than two hearings,
or should an applicant request and be granted a special meeting date,
the planning board shall charge the applicant a special meeting fee
of $1000 plus an amount equal to the fee(s) which the board pays to
its attorney, secretary and other professional advisors who attend
the special meeting. The cost of these services shall be charged against
the initial deposit and such other additional deposits posted by the
applicant.
3. These funds shall be placed in a separate account, without interest
accruing to the developer, by the Borough Treasurer at the discretion
of the Planning Board Secretary, and an accounting shall be kept of
each applicant's deposit. All professional charges shall be paid from
the account and charged to the applicant. Any moneys not expended
for professional services shall be returned to the applicant upon
final approval, denial or withdrawal of the application. If, any time
during the procedure, the moneys posted shall have been expended,
the applicant shall be required to post such additional sums not to
exceed $4,000 for major site plans and $2,000 for minor site plans
as may be required by the Planning Board.
4. The applicant shall not be entitled to proceed with the application
until such time as necessary moneys have been posted to guarantee
payment of professional service fees.
5. At the time of the filing of the development application, the planning
board shall have the applicant sign an agreement consenting to pay
both the application fee and the special review costs incurred by
the board. The agreement shall specifically state that in the event
the fees imposed by the planning board are not paid, any development
approvals granted by the planning board shall be considered null and
void. In the event that additional deposits requested by the planning
board remain unpaid for a period of 60 days, the development application
shall be deemed to be withdrawn and shall be dismissed without prejudice.
N. Inspection Fees for Major Site Plans and Subdivisions. The initial
inspection fee deposit for all on-site and off-site improvements for
subdivisions and site plans shall be 6 1/2 2% of the estimated
cost of construction.
O. Reproduction and Tax Map Revisions Fees. The applicant shall provide
for a reproducible mylar copy of the filed plat map or maps. A fee
of $350 or $50 per lot, whichever is greater shall be charged for
minor subdivisions and final plats or major subdivisions to cover
the costs of the Borough Surveyor for revisions of the Borough Tax
Maps.
P. Revised Plats. Any proposed revisions to a plat including all supporting
maps and documents, previously approved by the Planning Board or Board
of Adjustment, which approval is still in effect, shall require submission
of a revised plat and payment of fees in accordance with the following:
1. Where changes in the plat are required by the Planning Board or Borough
Engineer, no fees need to be paid and only sufficient copies of the
plat incorporating the changes as may be necessary for distribution
need be submitted.
2. Where there are only minor changes in the plat proposed by the applicant
or required by another governmental agency, where approval was a condition
of the Planning Board or Board of Adjustment approval, which do not
involve any additional building or parking or significant change in
the design of the site or subdivision, an application fee of $25 will
be required along with sufficient copies of the plat incorporating
the changes as may be necessary for distribution.
3. Where there are changes in the plat proposed by the applicant or
required by another governmental agency whose approval was a condition
of the Planning Board or Board of Adjustment approval, which involve
additional building or parking or significant change in the design
of site or subdivision, an application fee equal to 1/2 the fee required
for the initial submission will be required along with sufficient
copies of the plat incorporating the changes as may be necessary for
distribution.
4. Where the proposed changes involve a change in uses and/or major
Board it shall be considered a new application and shall require the
full payment of fees as set forth in this section for new applications
for development.
5. Where revisions in the plat only involve additional information required
as a condition of a previous approval, no additional fees shall be
required.
Q. Requests for Re Approval or Extensions of Time:
1. Minor subdivisions and site plans: $100.
2. Major subdivisions and site plans: $150.
3. Other applications for development: $100.
R. Certificate as to Approval of Subdivision of Land: $200.
S. Certificate as to Non-Conforming Use: $200.
T. The planning board shall have the authority to waive fees or special
review charges of any development applications made by bona fide charitable,
eleemosynary, educational, cultural or other organizations or associations
which are operated on a non-profit basis. The production of a certified
copy of a certificate of incorporation, issued pursuant to Title 15
of the Revised Statutes of New Jersey, shall be presumptive evidence
that the applicant is a non-profit entity.
U. Affordable Housing Development Fees.
[Amended 2-27-2017 by Ord. No. 793-17; 11-14-2022 by Ord. No. 861-22
1. Purpose.
a.
In Holmdel Builder's Ass'n v. Holmdel Borough, 121 N.J. 550
(1990), the New Jersey Supreme Court determined that mandatory development
fees are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27D-301
et seq., and the State Constitution, subject to the Council On Affordable
Housing's (COAH) adoption of rules.
b.
Pursuant to P.L. 2008, c.46 section 8 (N.J.S.A. 52:27D-329.2)
and the Statewide Non- Residential Development Fee Act (N.J.S.A. 40:55D-8.1
through 8.7), COAH is authorized to adopt and promulgate regulations
necessary for the establishment, implementation, review, monitoring
and enforcement of municipal affordable housing trust funds and corresponding
spending plans. Municipalities that are under the jurisdiction of
the Council or court of competent jurisdiction and have a COAH-approved
spending plan may retain fees collected from non-residential development.
c.
The purpose of this section is to establish standards for the
collection, maintenance and expenditure of development fees pursuant
to COAH's rules and in accordance with P.L. 2008, c.46, Sections 8
and 32-38. Fees collected pursuant to this section shall be used for
the sole purpose of providing low- and moderate-income housing. This
section shall be interpreted within the framework of COAH's rules
on development fees, codified at N.J.A.C. 5:97-8.
2. Basic Requirements.
a.
The ability to impose, collect and spend development fees is
predicated on the Borough of Little Silver's participation in COAH's
substantive certification process.
b.
The Borough of Little Silver shall not spend development fees
until COAH has approved a plan for spending such fees in conformance
with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.
c.
This section shall not be effective until COAH has approved,
and the Borough has adopted, the ordinance pursuant to N.J.A.C. 5:96-5.1.
3. Definitions.
Editor's Note: Additional Affordable Housing definition may
be found in Section 16A-2, 3.
The following terms, as used in this chapter, shall have the
following meanings:
AFFORDABLE HOUSING DEVELOPMENT
Means a development included in the Housing Element and Fair
Share Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable development.
COAH or THE COUNCIL
Means the New Jersey Council on Affordable Housing established
under the Act which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the State.
DEVELOPER
Means the legal or beneficial owner or owners of a lot or
of any land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
DEVELOPMENT FEE
Means money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.
EQUALIZED ASSESSED VALUE
Means 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).
GREEN BUILDING STRATEGIES
Means 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.
4. Residential Development.
a.
In accordance with N.J.A.C. 5:97-8.3(c) of COAH's "Substantive
Rules", all new development of principal and accessory residential
buildings within the Borough of Little Silver, not exempt from the
collection of development fees in accordance with the provisions specified
in § 16A-3.4U4c hereinbelow, shall pay a fee to Little Silver
Borough equal to 1.5% of the equalized assessed value of the residential
construction, provided no increased density is permitted.
b.
Notwithstanding the provisions of § 16A-3.4U4a hereinabove,
if a "d" variance is granted pursuant to N.J.S.A. 40:55D-70d(5) for
more residential units than otherwise permitted by right under the
existing zoning, then the additional residential units realized as
a result of the "d" variance approval shall pay a bonus development
fee to Little Silver Borough equal to 6.0% of the equalized assessed
value of the residential development, rather than the 1.5% development
fee otherwise required for the residential units permitted by right.
c.
However, if the zoning of a site has changed during the immediate
two years prior to the filing of the "d" variance application, then
the base density for the purposes of calculating the bonus development
fee shall be the highest density permitted by right during the two-year
time period.
d.
In any case, these fees shall not apply to developments exempt
from the collection of development fees in accordance with the provisions
specified in § 16A-3.4U4c, hereinbelow.
e.
Residential development fees shall only be imposed and collected
for the construction of new residential units, including the change
or conversion of nonresidential space to a residential unit(s) and
the change or conversion to accommodate one more additional residential
units in an existing residential building.
f.
Eligible exactions, ineligible exactions and exemptions for
residential development.
(1)
All affordable housing developments and developments where the
developer has made a payment in lieu of constructing affordable units
shall be exempt from paying development fees. All other forms of new
construction shall be subject to development fees, except for developments
that are subject to and comply with any "Growth Share Affordable Housing
Requirements" provisions of the code of Little Silver Borough.
(2)
Developments that have received preliminary or final site plan
approval prior to May 9, 2006 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 construction
permit shall be synonymous with preliminary or final site plan approval
for this purpose. The fee percentage shall be vested on the date that
building permits are issued.
(3)
Residential development fees shall not be imposed or collected
for additions or renovations of existing residential units or replacement
of an existing residential unit(s) destroyed by a natural disaster
provided that it is reconstructed on its existing foundation or construction
or renovations of accessory buildings or structures.
(4)
That, in the event that any portion of this section is found
to be invalid for any reason by any court or competent jurisdiction,
such judgment shall be limited in its effect only to that portion
of the section actually adjudged to be invalid, and the remaining
portions of this section actually adjudged to be invalid, and the
remaining portions of this section shall be deemed severable therefrom
and shall not be affected.
(5)
That this section shall take effect upon final passage and publication
in accordance with the law.
5. Nonresidential Development.
a.
All new non-residential development within the Borough of Little
Silver, not exempt from the collection of development fees in accordance
with the provisions specified in § 16A-3.5U5c below, shall
pay a fee to Little Silver Borough equal to 2.5% of the equalized
assessed value of the land and improvements for all new non-residential
construction on an unimproved lot(s) or 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.
b.
Development fees also 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 pre-existing 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 non-residential
development fee shall be zero.
c.
Eligible exactions, ineligible exactions and exemptions for
non-residential development.
(1)
The non-residential 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)
Non-residential projects that have received a Certificate of
Occupancy or general development plan approval or have entered into
a developer's agreement or a redevelopment agreement, all prior to
July 17, 2008 (the effective date of P.L. 2008, c.46), shall be exempt
from the payment of non-residential development fees, provided that
an affordable housing fee of at least 1.5% of the equalized assessed
value of the improvements is included in the development plan, developer's
agreement or redevelopment agreement.
(4)
Non-residential developments shall
be exempt from the payment of non-residential development fees in
accordance with the exemptions required pursuant to P.L. 2008, c.46,
as specified in the Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption" Form, as may be amended, and
listed below. Any exemption claimed by a developer shall be substantiated
by that developer.
(a) All non-residential construction of buildings or
structures on property used by houses of worship, and property used
for educational purposes which is tax-exempt pursuant to N.J.S.A.
54:4-3.6, provided that the property continues to maintain its tax
exempt status under that statute for a period of at least three years
from the date of the Certificate of Occupancy;
(b) Parking lots and parking structures, regardless
of whether the parking lot or parking structure is constructed in
conjunction with a non-residential development or as a stand-alone
non-residential development;
(c) Any non-residential development which is an amenity
to be made available to the public, including, but not limited to,
recreational facilities, community centers and senior centers as defined
in Section 35 of P.L. 2008, c. 46 (C. 40:55D-8.4), which are developed
in conjunction with or funded by a non-residential developer;
(d) Non-residential construction resulting from a relocation
of or an on-site improvement to a nonprofit hospital or a nursing
home facility;
(e) Projects that are located within a specifically
delineated urban transit hub, as defined pursuant to Section 2 of
P.L. 2007, c. 346 (C. 34:1B-208);
(f) Projects that are located within an eligible municipality,
as defined under Section 2 of P.L. 2007, c. 346 (C. 34:1B-208), when
a majority of the project is located within a one-half mile radius
of the midpoint of a platform area for a light rail system;
(g) Projects determined by the New Jersey Transit Corporation
to be consistent with a transit village plan developed by a transit
village designated by the New Jersey State Department of Transportation;
and
(h) Commercial Farm or Use Group 'U' buildings and
structures.
(5)
A developer of a non-residential development exempted from the
non-residential development fee above shall be subject to it at such
time the basis for the exemption set forth in this subsection 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 of the non-residential
development, whichever is later.
(6)
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 Borough of Little Silver as a lien against
the real property of the owner.
6. Collection Of Fees.
Little Silver Borough shall collect development fees for affordable
housing in accordance with the following:
a.
The Planning Board Secretary of Little Silver Borough shall
notify the Little Silver Borough Construction Code Official whenever
either a preliminary or final approval is granted to any development
which is subject to the collection of a development fee.
b.
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", which is to be completed by
the developer as per the instructions provided.
(1)
The Borough Construction Official shall verify the information
submitted by the non-residential developer as per the instructions
provided in the Form N-RDF.
(2)
The Borough Tax Assessor shall verify exemptions and prepare
estimated and final assessments as per the instructions provided in
Form N-RDF.
c.
The Borough Construction Official responsible for the issuance
of a building permit shall notify the Borough 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 Borough Tax Assessor,
based on the plans filed, shall provide an estimate of the equalized
assessed value of the development. The equalized assessed value and
the required development fee shall be estimated by the Borough Tax
Assessor prior to the issuance of the construction permit, with the
understanding that the estimate of the equalized assessed value is
not intended to establish the equalized assessed value for tax purposes.
e.
Developers shall pay 50% of the required development fee to
Little Silver Borough at the time of the issuance of a construction
permit, and the prevailing development fee percentage at the time
of the issuance of the construction permit shall remain in effect
at the time of the issuance of the Certificate of Occupancy, even
if the development fee percentage has been changed by ordinance between
the date of the issuance of the construction permit and the date of
the issuance of the Certificate of Occupancy.
f.
Developers shall pay the remainder of the development fee to
Little Silver Borough at the time of the issuance of a Certificate
of Occupancy.
(1)
The Borough Construction Official responsible for the issuance
of a final Certificate of Occupancy notifies the Borough Tax Assessor
of any and all requests for the scheduling of a final inspection on
property which is subject to a development fee.
(2)
Within 10 business days of a request for the scheduling of a
final inspection, the Borough Tax 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.
(3)
The equalized assessed value and the required development fee
shall be re-estimated by the Borough Tax Assessor prior to the issuance
of the Certificate of Occupancy, again with the understanding that
the estimate of the equalized assessed value is not intended to establish
the equalized assessed value for tax purposes. The developer shall
be responsible for paying the difference between the development fee
calculated at the time of the issuance of the Certificate of Occupancy
and the amount paid at the time of the issuance of the construction
permit.
(4)
Should the Borough fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in subsection
b. of Section 37 of P.L. 2008, c. 46 (C. 40:55D-8.6).
(5)
Upon tender of the remaining development fee, provided the developer
is in full compliance with all other applicable laws, the Borough
shall issue a final Certificate of Occupancy for the subject property.
g.
Regardless of the time of collection of the development fee,
the fee shall be based upon the percentage that applies on the date
that the construction permit is issued.
h.
The Construction Code Official shall forward all collected development
fees to Little Silver Borough's Chief Financial Officer who shall
deposit such fees into the established "Housing Trust Fund".
i.
A developer may challenge the development fees imposed by filing
a challenge with the Director of the Division of Taxation for non-residential
development and with the County Board of Taxation for residential
development.
(1)
Pending a review and determination by the Director or County
Board of Taxation, as the case may be, which shall be made within
45 days of receipt of the challenge, collected fees shall be placed
in an interest bearing escrow account by the Borough.
(2)
Appeals from a determination of the Director or Board, as the
case may be, may be made to the tax court in accordance with the provisions
of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq.,
within 90 days after the date of such determination.
(3)
Accrued interest earned on escrowed amounts to be returned shall
also be returned to the developer.
7. Affordable Housing Trust Fund.
a.
All collected development fees and any proceeds from the sale
of units with extinguished controls shall be deposited by the Chief
Financial Officer of the Borough of Little Silver into a separate
designated interest-bearing "Housing Trust Fund," which shall be maintained
by the Borough Chief Financial Officer.
(1)
No money shall be expended from the Housing Trust Fund unless
the expenditure conforms to the Spending Plan which has been approved
by COAH; and
(2)
In establishing the Housing Trust Fund, the Borough Council
shall provide COAH with written authorization in the form of a three-party
escrow agreement between the Borough, COAH and the bank in order to
permit COAH to direct the disbursement of development fee funds as
provided in N.J.A.C. 5:97-8.13(b) of the "Substantive Rules" of COAH.
This authorization shall be submitted to COAH within seven days from
the opening of the Housing Trust Fund.
b.
Additionally, the following sources of funding shall be deposited
in the Housing Trust Fund and shall at all times be identifiable by
source and amount:
(2)
Proceeds from the sale of affordable units;
(3)
Rental income from municipally operated units;
(4)
Payments in lieu of on-site construction of affordable units;
(5)
Affordable housing enforcement fines and application fees;
(6)
Developer contributed funds for barrier free affordable housing
pursuant to N.J.A.C. 5:97-8.5;
(7)
Repayments from affordable housing program loans; and
(8)
Any other funds collected in connection with the Borough's affordable
housing program.
c.
All interest accrued in the Housing Trust Fund shall only be
used on eligible affordable housing activities approved by COAH.
8. Use Of Funds.
a.
Funds deposited in the Housing Trust Fund may be used for any
housing activity as itemized in the spending plan and approved by
COAH to address the Borough's fair share obligation and may be set
up as a grant or revolving loan program. Such activities include,
but are not limited to:
(1)
A rehabilitation program;
(2)
New construction of affordable housing units and related development
costs; in the case of inclusionary developments, eligible costs shall
be prorated based on the proportion of affordable housing units included
in the development;
(3)
Accessory apartment, market to affordable, or regional affordable
housing partnership programs;
(4)
Financial assistance designed to increase affordability;
(5)
Conversion of existing non-residential buildings to create new
affordable units;
(6)
Acquisition and/or improvement of land to be used for affordable
housing;
(7)
Purchase of existing market rate or affordable housing for the
purpose of maintaining or implementing affordability controls, such
as in the event of a foreclosure;
(8)
Extensions or improvements of roads and infrastructure directly
serving affordable housing sites; in the case of inclusionary developments,
costs shall be pro-rated based on the proportion of affordable housing
units included in the development;
(9)
Green building strategies designed to be cost-saving for low
and moderate income households, either for new construction that is
not funded by other sources, or as part of necessary maintenance or
repair of existing units, in accordance with accepted Federal or State
standards or such guidance as may be provided by the New Jersey State
Department of Community Affairs or the New Jersey Housing and Mortgage
Finance Agency;
(10) Maintenance and repair of affordable housing units;
(11) Repayment of municipal bonds issued to finance
low and moderate income housing activity;
(12) To defray the costs of structural parking; in
the case of inclusionary developments, eligible costs shall be pro-rated
based on the proportion of affordable housing units included in the
development;
(13) Administration necessary for implementation of
the Housing Plan Element and Fair Share Plan, in accordance with § 16A-3.4U8g
below; and
(14) Any other activity as specified in the approved
spending plan and as permitted pursuant to N.J.A.C. 5:97-8.7 through
8.9.
b.
The Borough also may request authorization for expenditure of
Housing Trust Funds on emergent affordable housing mechanisms not
included in the Borough's Fair Share Plan in the form of an amendment
to the spending plan. In addition to the amendment to the spending
plan, the Borough shall submit the following:
(1)
A resolution to COAH that includes a certification that the
affordable housing opportunity addresses COAH's criteria set forth
in N.J.A.C. 5:97-6 and information regarding the proposed mechanism
in a format to be provided by COAH; and
(2)
An amendment to its Fair Share Plan to include the mechanism
at the earlier of two years after COAH's approval of the spending
plan amendment or the next planned amendment to the Fair Share Plan
resulting from the plan evaluation review pursuant to N.J.A.C. 5:96-10.
c.
Funds shall not be expended to reimburse the Borough of Little
Silver for past housing activities.
d.
Payments in lieu of constructing affordable housing units on
residential and mixed-use sites shall only be used to fund eligible
affordable housing activities within the Borough.
e.
At least 30% of all development fees collected and interest
earned shall be devoted to provide affordability assistance to low-
and moderate-income households in affordable units included in the
Housing Element and Fair Share Plan, provided and in accordance with
the following:
(1)
One-third of the affordability assistance portion of development
fees collected shall be used to provide affordability assistance to
very-low-income households.
(2)
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.
(3)
Affordability assistance for very-low-income households may
include buying down the cost of low- or moderate-income units in the
third round Borough's Fair Share Plan to make them affordable to very-low-income
households (earning 30% or less of median income). The use of development
fees in this manner may entitle the Borough to bonus credits pursuant
to N.J.A.C. 5:97-3.7.
(4)
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.
f.
The Borough of Little Silver may contract with a private or
public entity to administer any part of its Housing Plan Element and
Fair Share Plan, including the requirement for affordability assistance,
in accordance with N.J.A.C. 5:96-18, subject to COAH's approval.
g.
No more than 20% of development fee revenues collected in any
given year from the development fees may be expended on administration,
including, but not limited to, the salaries and benefits for Little
Silver Borough employees or consultant fees necessary to develop or
implement a new affordable housing program, a Housing Element and
Fair Share Plan, and/or an affirmative marketing program.
(1)
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.
(2)
Administrative funds may be used for income qualification of
households, monitoring the turnover of sale and rental units, preserving
existing affordable housing, and compliance with COAH's monitoring
requirements.
(3)
Legal or other fees related to litigation opposing affordable
housing sites or objecting to COAH's regulations and/or action are
not eligible uses of the Housing Trust Fund.
9. Monitoring. The Little Silver Borough Municipal Housing Liaison shall
coordinate with the appropriate municipal officials the completion
and return to COAH of all monitoring forms included in the annual
monitoring report related to the collection of development fees from
residential and non-residential developers, payments in lieu of constructing
affordable units on site, funds from the sale of units with extinguished
controls, barrier free escrow funds, recapture funds, proceeds from
the sale of affordable units, rental income, repayments from affordable
housing program loans, enforcement fines and application fees, and
any other funds collected in connection with the Borough's housing
program, and the expenditure of revenues and implementation of the
plan certified by COAH.
a.
At minimum, the monitoring shall include an accounting of any
"Housing Trust Fund" activity, identifying the source and amount of
funds collected, the amount and purpose for which any funds have been
expended, and the status of the spending plan regarding the remaining
balance pursuant to N.J.A.C. 5:97-8.10(a)8.
b.
All monitoring reports shall be completed on forms designed
by COAH.
10.
Ongoing collection of development fees and expiration of ordinance.
The ability for the Borough of Little Silver to impose, collect and
expend development fees shall expire with its "Substantive Certification"
unless Little Silver Borough has filed an adopted Housing Element
and Fair Share Plan with COAH, has petitioned for "Substantive Certification",
and has received COAH's approval of its development fee ordinance.
a.
If the Borough of Little Silver fails to renew its ability to
impose and collect development fees prior to the date of expiration
of "Substantive Certification", it may be subject to forfeiture of
any or all funds remaining within its municipal trust fund.
b.
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).
c.
The Borough of Little Silver shall not impose a residential
development fee on a development that receives preliminary or final
site plan approval after the expiration of its "Substantive Certification",
nor shall the Borough of Little Silver retroactively impose a development
fee on such a development.
d.
The Borough of Little Silver shall not expend development fees
after the expiration of its "Substantive Certification" or judgment
of compliance.
In the application and interpretation of this chapter, all provisions
hereof shall be held to be a minimum standards or requirements adopted
for the promotion of the public health, safety, convenience and general
welfare of the Borough. Whenever the requirements of this chapter
are at variance with the requirements of any other lawfully adopted
rules, regulations or ordinances, the most restrictive or that imposing
the higher standards shall govern.
Chapter XVII (Zoning), Chapter XVI (Land Subdivision), Chapter XX (Land Use Procedures) and Chapter XXI (Interim Zoning) of the Revised General Ordinance of the Borough of Little Silver are hereby repealed in their entirety and any portions of other ordinances which contain provisions inconsistent with Article
IV are hereby repealed to the extent of such inconsistency, except that any Building Permit, variance, Special Use Permit, Occupancy Permit or other permit validly issued pursuant to any such ordinance shall remain valid and effective and shall continue to be governed by the terms and conditions of such ordinance.
All amendments to this chapter and to the Zoning Map, which
forms a part hereof, shall be adopted in accordance with the provisions
of Chapter 291, P.L. 1975, as amended and supplemented.
If any section, paragraph, subdivision, clause or provision
of this chapter shall be adjudged invalid, such adjudication shall
apply only to the section, paragraph, subdivision clause or provision
so adjudged, and the remainder of this chapter shall be deemed valid
and effective.
Upon adoption of this chapter the Borough Clerk shall file a
copy of this chapter with the Monmouth County Planning Board as required
by C. 40:55D-16.