The following terms, as used in this section, shall have the
following meanings:
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Plan 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
The New Jersey Council on Affordable Housing established
under the Fair Housing Act.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable proprietary interest in such land.
DEVELOPMENT FEE
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with Sections 1,
5 and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
GREEN BUILDING STRATEGIES
Those strategies that minimize the impact of development
on the environment and enhance the health, safety and well-being of
residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
Allamuchy Township shall collect development fees for affordable
housing in accordance with the following:
A. The Land Use Board Secretary of Allamuchy Township shall notify the
Allamuchy Township 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 nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF, State of New Jersey Nonresidential
Development Certification/Exemption, which is to be completed by the
developer as per the instructions provided.
(1) The Township Construction Official shall verify the information submitted
by the nonresidential developer as per the instructions provided in
the Form N-RDF.
(2) The Township Tax Assessor shall verify exemptions and prepare estimated
and final assessments as per the instructions provided in Form N-RDF.
C. The Township Construction Official responsible for the issuance of
a building permit shall notify the Township 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 Township 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 Township 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 Allamuchy
Township at the time of the issuance of the construction permit.
F. Developers shall pay the remainder of the development fee to Allamuchy
Township at the time of the issuance of a certificate of occupancy.
(1) The Township Construction Official responsible for the issuance of
a final certificate of occupancy notifies the Township 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 Township 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 reestimated by the Township 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 Township fail to determine or notify the developer of
the amount of the development fee within 10 business days of the request
for final inspection, the developer may estimate the amount due and
pay that estimated amount consistent with the dispute process set
forth in subsection b of Section 37 of P.L. 2008, c. 46 (N.J.S.A.
40:55D-8.6).
(5) Upon tender of the remaining development fee, provided the developer
is in full compliance with all other applicable laws, the Township
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 Allamuchy Township'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 nonresidential
development and with the County Board of Taxation for residential
development.
(1) Pending a review and determination by the Director or Board, 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 Township.
(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 Uniform Tax 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.
The Allamuchy Township Municipal Housing Liaison shall provide
annual reporting of Affordable Housing Trust Fund activity to the
State of New Jersey, Department of Community Affairs, Council on Affordable
Housing or Local Government Services, or other entity designated by
the State of New Jersey, with a copy provided to Fair Share Housing
Center and posted on the municipal website, using forms developed
for this purpose by the New Jersey Department of Community Affairs,
Council on Affordable Housing or Local Government Services. The reporting
shall include an accounting of all Affordable Housing Trust Fund activity,
including the 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. Such reporting shall include an accounting of development
fees from residential and nonresidential developers, payments in lieu
of constructing affordable units on site (if permitted by ordinance
or agreement with the Township), 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 Township's
housing program and the expenditure of revenues and implementation
of the spending plan approved by the Court.