[HISTORY: Adopted by the Township Committee
of the Township of Lacey 3-14-1996 by Ord. No. 96-12. This ordinance also superseded
former Chapter 211, Land Development Fees, adopted 7-23-1987 by Ord. No. 33-87 (Ch.
72A of the 1974 Code), as amended. Amendments noted where applicable.]
This chapter is intended to govern all funds
required to be deposited with the Township of Lacey in conjunction
with an application for development directed to the Planning Board
or Zoning Board of Adjustment of the Township of Lacey and to regulate
the required inspection fee deposits as permitted by the Municipal
Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Where, in conjunction with an application to
a municipal board for an approval pursuant to the Municipal Land Use
Law,[1] a fee is specified in this chapter for a type of relief
sought by that board, and where the applicant seeks more than one
type of relief, all fees shall be cumulative, unless elsewhere specifically
set forth in this chapter, and additional fees and deposits shall
be required for each variance or other type of relief sought by the
applicant.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Amended 9-26-2002 by Ord. No. 02-37; 12-23-2010 by Ord. No. 2010-28; 6-14-2012 by Ord. No. 2012-15]
A.
Application fees. The developer shall, at the time of filing an application
for development, pay a nonrefundable application fee, as set forth
in this section, to the Township of Lacey. Application fees for subdivision
approval are as follows:
B.
Escrow deposits. The developer shall, in addition to the application
fee set forth previously in this chapter, at the time of filing of
an application for development, post escrow deposits to cover the
expenses of the Board in conjunction with the review of the application
by its professionals, including, but not limited to, engineering reviews
and counsel fees. These escrow deposits are intended to cover all
costs associated with the review and approval process.
C.
At the discretion of the Planning Board/Zoning Board of Adjustment,
it shall be determined at a workshop session as to whether an application
being filed will need to be reviewed by the Board's professional planner.
If it has been determined that a professional planner's review is
necessary, the developer shall post additional escrow deposits to
cover the expenses of the Board in conjunction with the review of
the application by its professional planner, including, but not limited
to, engineering reports, review and attendance at meetings. This upfront
deposit is intended to cover costs associated with the review and
approval process set forth throughout this chapter.
D.
The Planning Board/Zoning Board of Adjustment shall determine whether
a certified appraiser will be needed to provide professional services.
When determined by the Board that such professional is required for
the particular application, the developer shall post additional escrow
deposits to cover the expenses of the Board in conjunction with the
professional certified appraiser, including, but not limited to, reports,
review and attendance at meetings. This minimum upfront deposit is
intended to cover costs associated with the reports and approval process
throughout this chapter.
[Added 10-10-2012 by Ord.
No. 2012-25[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
D as Subsection E.
E.
Escrow fees for subdivision application shall be as follows:
[Amended 11-23-2021 by Ord. No. 2021-26]
(3)
Preliminary major subdivision:
(a)
For the first 10 lots: $400 per lot.
(b)
In excess of 10 up to 50 lots: $200 per lot.
(c)
In excess of 50 up to 100 lots: $35 per lot.
(d)
In excess of 100 lots up to 200 lots: $50 per lot.
(e)
In excess of 200 lots: $25 per lot.
(f)
Final major subdivision approval: 50% of the escrow deposits
for the preliminary application.
(g)
Minimum escrow deposit for planning review: $1,700.
[Amended 12-23-2010 by Ord. No. 2010-28; 6-14-2012 by Ord. No.
2012-15; 11-23-2021 by Ord. No. 2021-26]
[Amended 2-24-2000 by Ord. No. 00-05; 9-26-2002 by Ord. No. 02-37; 12-23-2010 by Ord. No. 2010-28; 6-14-2012 by Ord. No. 2012-15; 10-10-2012 by Ord. No. 2012-25; 11-23-2021 by Ord. No. 2021-26]
A.
Variances pursuant to N.J.S.A. 40:55D-70, Subsection c, except for
undersized lot variances: $200.
B.
Variances pursuant to N.J.S.A. 40:55D-70, Subsection d: $200.
C.
Variances pursuant to N.J.S.A. 40:55D-70, Subsection c, for undersized,
individual lots: $200.
D.
Relief pursuant to N.J.S.A. 40:55D-36, for property not fronting
on an improved road: $200.
E.
Escrow deposits. The developer shall, at the time of filing an application
for development, pay the following escrow deposits to the Township
of Lacey in conjunction with applications for variance relief:
[Amended 7-24-1997 by Ord. No. 97-32; 9-26-2002 by Ord. No. 02-37; 12-23-2010 by Ord. No. 2010-28]
The developer shall, at the time of filing an application for
development, pay a nonrefundable application fee, as set forth herein,
for other land use applications addressed at the Planning Board of
the Zoning Board of Adjustment:
A.
Concept plan presentation: $200.
B.
Extension of prior approval: $200.
C.
Amendment of previously granted Board approval: $200.
D.
Consolidation and resubdivision: $200.
E.
Conditional use permit application: $200.
F.
Zone change request: $200.
H.
Appeal of a decision of the Zoning Officer: $200.
I.
Request for recommendation for street vacation: $200.
J.
Certificate of subdivision approval: $100.
K.
Certificate of nonconformity: $100.
L.
Flood hazard zone determination: $25.
N.
Request for an administrative approval: $200.
[Amended 2-28-2002 by Ord. No. 02-04; 9-26-2002 by Ord. No. 02-37; 12-23-2004 by Ord. No. 2004-57; 12-23-2010 by Ord. No. 2010-28; 6-14-2012 by Ord. No. 2012-15; 10-10-2012 by Ord. No. 2012-25; 8-15-2013 by Ord. No. 2013-17; 11-23-2021 by Ord. No. 2021-26]
A.
Concept plan presentation: $1,000.
B.
Extension of Board approval: $800.
C.
Amendment of previous prior Board approval: 50% of the original fee.
D.
Consolidation of resubdivision: same as major and/or minor subdivision.
E.
Conditional use permit application: $2,000.
F.
Zone change request: $2,000.
H.
Appeal of a decision of the Zoning Officer: $500.
I.
Request for recommendation for street vacation: $1,000.
J.
Substantial revision to pending application before the Board: 30%
of the original fee.
K.
Request for an administrative approval: $800.
L.
Review of proposed road improvement plan: $1,000.
If at any time of the application the total
required deposits in conjunction with the application or the total
escrows required to be deposited pursuant to this chapter are in excess
of $1,000, the applicant may elect to post the deposits in stages.
At the time of the filing of the application, applicants may elect
to deposit an amount equal to 70% of the total escrow deposit required
in conjunction with the application. In the event that the applicant
elects this option, the additional 30% of the total escrow required
or on developer's receipt of the signed resolution of approval, whichever
is earlier.
A.
No application shall be deemed complete until such
time as the applicant has paid all nonrefundable application fees
and escrow fees required by this chapter. If at any time during the
review of the application the escrows on deposit fall below a number
equal to 30% of the total required escrows, an additional 30% of the
initial escrow shall be deposited. Written notice shall be directed
to the applicant by the appropriate Lacey Township official so advising,
and the application shall be deemed incomplete until such time as
the required additional escrows are placed on deposit.
B.
Purpose of escrows. Escrow deposits are intended to
cover the entire cost of review by board professionals. This chapter
estimates the total cost of review of a land use application; however,
the applicant is responsible for any and all professional fees associated
with the approval process. The escrow deposit shall be utilized to
reimburse the Planning or Zoning Board Attorney for the local fees
for the preparation of any resolution or other legal services in connection
with a development application.
C.
Escrow deposits shall be administered by the Chief
Financial Officer of the Township of Lacey in accordance with the
requirements of the Municipal Land Use Law. Funds to be dispersed
from the escrow account shall be disbursed by the Chief Financial
Officer of the Township of Lacey upon receipt of vouchers from board
professionals. Contemporaneously with said vouchers being submitted
to the Chief Financial Officer by a board professional seeking payment
from an escrow deposit, a copy of that voucher, together with an itemized
statement of the services rendered in accordance with the requirements
of the Municipal Land Use Law,[1] shall be directed to the applicant or to the applicant's
attorney, if the applicant so directs at the time of the application.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D.
Escrow deposits for zone change request applications
shall be utilized to cover Planning Board or Zoning Board fees, fees
for review by engineers and preparation of resolutions. The escrow
deposit shall cover other professional fees in connection with review
and the decision on such an application. Additionally, the escrow
shall also be utilized for additional Township fees in connection
with the zone change request, including but not limited to fees to
draft any ordinance implementing a zone change, costs of publications,
costs of certified mailings to adjoining municipalities, other governmental
agencies, and those affected by the change in zoning, as well as amendments
to the Lacey Code book.
[Added 2-28-2002 by Ord. No. 02-04]
Inspection fees for on-site and off-site bonded
improvements.
A.
Inspection fee escrow deposits.
(1)
At least one week prior to the beginning of construction
or installation of any required improvements, the developer shall
notify the Township Engineer, in writing, of the developer's intention
to commence such work. All improvements and utility installations
shall be inspected during the time of their installation by the Township
Engineer or his designee to ensure satisfactory completion, and no
underground installation shall be covered until inspected by the Township
Engineer or his designee.
(2)
The cost of all inspections shall be the responsibility
of the developer, and he shall deposit the necessary inspection fee
with the designated municipal officer upon making application for
final approval under this chapter or prior to the start of any construction,
whichever shall first occur. The inspection fee shall be in addition
to the amount of any required performance or maintenance guaranties
and shall consist of a sum equal to the following:
(a)
The amount of escrow deposit for inspection
fees shall be 5% of the total cost of the improvements with a minimum
fee of $500.
(b)
For those developments for which the reasonably
anticipated fees are less than $10,000, these fees may, at the option
of the developer, be paid in two installments. The initial amount
deposited by the developer shall be 50% of the reasonably anticipated
fees.
(c)
When the balance on deposit drops to 10% of
the reasonably anticipated fees because the amount deposited by the
developer has been reduced by the amount paid to the Township Engineer
for inspection, the developer shall deposit the remaining 50% of the
anticipated inspection fees.
(d)
For those developments for which the reasonably
anticipated fees are $10,000 or greater, these fees may, at the option
of the developer, be paid in four installments. The initial amount
deposited by a developer shall be 25% of the reasonably anticipated
fees. When the balance on the deposit drops to 10% of the reasonably
anticipated fees because the amount deposited by the developer has
been reduced by the amount paid to the Township Engineer for inspection,
the developer shall make additional deposits of 25% of the reasonably
anticipated fees. The Township Engineer shall not perform any inspection
if sufficient funds to pay for these inspections are not on deposit.
(e)
The inspection fee escrow shall be held in reserve
by the Township and used to pay the costs of inspecting the construction.
It shall be the obligation of the developer to pay for the actual
costs of inspecting the construction. Any excess moneys shall be remitted
to the developer upon approval of all improvements as provided herein.
Any additional inspection costs shall be paid by the developer prior
to the approval of the improvements by the governing body as provided
for herein.
(f)
The required guaranties and inspection costs
shall be posted with the appropriate Township official prior to the
signing of the final plat, the issuance of any building permits or
the commencement of any construction.
(g)
In the event that final approval of a development
has been granted in stages or sections and hence the construction
of the required improvements is to be undertaken in stages or sections,
bonding and inspection of improvements shall also be in stages or
sections.
(h)
In addition to the inspection fee escrow set
forth above, at the time the inspection fee escrow is deposited, the
developer shall also deposit the sum of $300 for any legal costs in
connection with the preparation of any documents by the Township related
to the development.
B.
The minimum inspection cost shall be $500.
D.
In addition to the inspection fee escrow deposits
required by this subsection, the developer or applicant, upon submitting
a performance or maintenance guaranty for review or when applying
for a reduction or release of any performance or maintenance guaranty,
shall include with said submission or application the following escrow
deposits: $150 for any engineering inspection required by the Township
Engineer, $300 for any legal costs incurred to review any performance
or maintenance guaranty and prepare any necessary Township resolution
in connection with the application.
[Added 10-10-1996 by Ord. No. 96-46]
A.
Upon completion of the application as evidenced by
the execution of the Mylar, and at the time that the applicant posts
all required inspection fees, any unused escrow deposits shall be
refunded to the applicant. In the event that the application is denied,
all unused portions of escrow deposits shall be refunded to the applicant
within 30 days of the date of the adoption of the resolution of denial.
B.
Prior to the execution of a subdivision map or site
plan by the Chairman and Secretary of the Planning Board, the Chairman
and Secretary shall require written confirmation from board professionals
that there are no outstanding fees in conjunction with the application
that are to be charged to escrows. In the event that additional fees
to be charged to escrows are submitted, and insufficient funds are
on deposit in escrow to pay said fees, the applicant shall be notified
to post such additional escrow deposits prior to the execution of
the subdivision map or site plan.
[Added 6-13-2002 by Ord. No. 02-10]
A.
Purpose. The purpose of the mandatory development
fee is to provide funding for the Township's housing element and fair
share plan approved by the Township Committee, Township of Lacey.
B.
Definitions.
(1)
AFFORDABLE
COUNCIL or COAH
EQUALIZED ASSESSED VALUATION
INCLUSIONARY DEVELOPMENT
MANDATORY DEVELOPMENT FEE
MANDATORY FEE ORDINANCE
SUBSTANTIVE CERTIFICATION
The following words used in this subsection are intended
to have the same meaning as given to them by the New Jersey Supreme
Court in the Mount Laurel II decision and as clarified or otherwise
modified by subsequent decisions, if any, by a court of competent
jurisdiction, and by the New Jersey Council on Affordable Housing
in N.J.A.C. 5:93-1.3, including but not limited to:
A sales price or rent within the means of a low- or moderate-income
household as defined in N.J.S.A. 5:93-7.4.
The New Jersey Council on Affordable Housing.
The value of property determined by the Municipal Tax Assessor
through a process designed to ensure that all property in the municipality
is assessed at the same assessment ratio or ratios as required by
law. Estimates at the time of issuance of a building permit may be
obtained by the Tax Assessor utilizing estimates for construction
cost. Final equalized assessed value will be determined at project
completion by the Municipal Tax Assessor.
A residential development in which a substantial percentage
of the housing units is provided for a reasonable range of low- and
moderate-income households.
A fee paid pursuant to a mandatory fee ordinance.
An ordinance which prohibits development pursuant to an existing
permitted use in the zoning ordinance[1] without compelling the affected developer to contribute
monies to the municipality's affordable housing trust fund.
A determination by COAH approving a municipality's housing
element and fair share plan in accordance with the provisions of the
Fair Housing Act[2] and the rules and criteria as set forth herein. A grant
of substantive certification shall be valid for a period of six years
in accordance with the terms and conditions therein.
C.
Amount of residential development fees.
[Amended 3-10-2005 by Ord. No. 2005-08; 9-27-2018 by Ord. No. 2018-29]
(1)
Imposed fees.
(a)
Within all zoning districts, 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.
(b)
When an increase in residential density pursuant to N.J.S.A.
40:55D-70d(5) (known as a "d" variance) has been permitted, developers
may be required to pay a development fee of a maximum of 6% of the
equalized assessed value for each additional unit that may be realized.
However, if the zoning on a site has changed during the two-year period
preceding the filing of such a variance application, the base density
for the purposes of calculating the bonus development fee shall be
the highest density permitted by right during the two-year period
preceding the filing of the variance application. Example: If an approval
allows three units to be constructed on a site that was zoned for
one unit, the fees could equal 1.5% of the equalized assessed value
on the one unit; and the specified higher percentage up to 6% of the
equalized assessed value for the two additional units, provided zoning
on the site has not changed during the two-year period preceding the
filing of such a variance application.
(2)
Eligible exactions, ineligible exactions and exemptions for residential
development.
(a)
Affordable housing developments, developments where the developer
is providing for the construction of affordable units elsewhere in
the municipality or on-site shall be exempt from development fees.
(b)
Developments that have received preliminary or final site plan
or subdivision approval prior to the adoption of a municipal development
fee ordinance shall be exempt from development fees, unless the developer
seeks a substantial change in the approval. Where a site plan or subdivision
approval does not apply, a zoning and/or building permit shall be
synonymous with preliminary or final site plan approval for this purpose.
The fee percentage shall be vested on the date that the building permit
is issued.
(c)
Development fees shall be imposed and collected when an existing
structure undergoes a change to a more intense use, is demolished
and replaced, or is expanded, if the expansion is not otherwise exempt
from the development fee requirement. The development fee shall be
calculated on the increase in the equalized assessed value of the
improved structure.
(d)
Developers of residential structures demolished and replaced
as a result of a natural disaster or catastrophic event (e.g., fire)
shall be exempt from paying a development fee, provided that the owner
of the residential structure that is demolished and replaced is the
owner of the structure at the time of the natural disaster or catastrophic
event in which damage to the structure was incurred.
[Amended 2-23-2023 by Ord. No. 2023-05]
D.
Amount of nonresidential development fees.
[Amended 3-10-2005 by Ord. No. 2005-08; 9-27-2018 by Ord. No. 2018-29]
(1)
All nonresidential developers requiring one of the following approvals,
except for developers of the types of development specifically exempted
within this section, shall pay a mandatory development fee equal to
2.5% of the total equalized assessed valuation of the nonresidential
development.
(a)
All new nonresidential construction on an unimproved lot or
lots. This mandatory fee shall be calculated as follows: 2.5% x total
equalized assessed value of the land and improvements.
(b)
Any addition(s) to existing structures to be used for nonresidential
purposes. This mandatory fee shall be calculated as follows: 2.5%
x the increase in total equalized assessed value resulting from the
addition(s).
(c)
Demolition and replacement of any structure with a structure
to be used for nonresidential purposes. This mandatory fee shall be
calculated as follows: 2.5% x the difference between the equalized
assessed value of the pre-existing land and improvements and the equalized
assessed value of the newly improved land and improvements. 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 residential
development.
(a)
The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to the 2.5% development fee unless
otherwise exempted below.
(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 nonresidential development fees in accordance with the exemptions
required pursuant to P.L. 2008, c.46, as specified in the Form N-RDF
"State of New Jersey Non-Residential Development Certification/Exemption"
Form. Any exemption claimed by a developer shall be substantiated
by that developer.
(d)
A developer of a nonresidential development exempted from the
nonresidential development fee pursuant to P.L. 2008, c.46 shall be
subject to it at such time the basis for the exemption no longer applies,
and shall make the payment of the nonresidential development fee,
in that event, within three years after that event or after the issuance
of the final certificate of occupancy of the nonresidential development,
whichever is later.
(e)
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid nonresidential development fees under these circumstances
may be enforceable by Township of Lacey as a lien against the real
property of the owner.
E.
Timing of payments.
(1)
Fifty percent of the total mandatory development fee
owed to Lacey Township, whether for residential or nonresidential
development, shall be paid prior to the issuance of any building permit
required in connection with the development and shall be calculated
as follows:
(a)
For residential developments, the 50% payment
required prior to the issuance of any building permit shall be calculated
using an estimated equalized valuation of each residential unit as
determined by the Lacey Township Tax Assessor.
(b)
For nonresidential developments, the 50% payment
required prior to the issuance of any building permit shall be calculated
using an estimated total equalized assessed valuation of the nonresidential
development as determined by the Lacey Township Tax Assessor.
(2)
The remaining portion of the development fee shall
be paid prior to the issuance of any certificate of occupancy for
any development or any part thereof, whether residential or nonresidential,
and shall be calculated using the actual assessed valuation of the
development as determined by the Lacey Township Tax Assessor.
(3)
Because the initial payment required prior to the
issuance of a building permit is calculated using an estimated assessed
valuation based on estimates for construction costs, the following
adjustments are permitted to compensate for differences between the
estimated assessed valuation and the actual assessed valuation: If
the estimated assessed valuation used to calculate the initial 50%
payment was overestimated or underestimated, causing the actual assessed
valuation to be less than or greater than the estimated assessed valuation
used to calculate the initial 50% payment, the developer's certificate
of occupancy payment shall be equal to the difference between the
actual assessed valuation and the initial 50% payment as determined
by the Lacey Township Tax Assessor.
F.
Housing trust fund.
[Amended 9-27-2018 by Ord. No. 2018-29]
(1)
All mandatory development fees collected pursuant to this section
shall be deposited in the interest-bearing escrow account entitled
the "Affordable Housing Trust Fund: Mandatory Fee Account."
(2)
If the court determines that Lacey Township's spending is not in
conformance with COAH's rules on development fees, the court is authorized
to direct the manner in which all development fees collected pursuant
to this section shall be expended.
G.
Use of funds.
[Amended 9-27-2018 by Ord. No. 2018-29]
(1)
Money deposited in a housing trust fund may be used for any activity
approved for addressing the Township's low- and moderate-income housing
obligation. Such activities may include, but are not necessarily limited
to: housing rehabilitation; new construction; regional contribution
agreements; the purchase of land for low- and moderate-income housing;
extensions and/or improvements of roads and infrastructures to low-
and moderate-income housing sites; assistance designed to render units
to be more affordable to low- and moderate-income people; and administrative
costs necessary to implement the Township's housing element. The expenditure
of all money shall conform to the approved spending plan.
(2)
Unless specifically waived, not less than 30% of the revenues collected
from development fees collected pursuant to this section shall be
devoted to rendering existing units more affordable to low- and moderate-income
households by funding such activities as down payment assistance,
low-interest loans and rental assistance.
(3)
No more than 20% of the revenues collected from development fees
collected pursuant to this section shall be devoted to administrative
expenses incurred by the Township in addressing its fair share obligation.
H.
Use of funds.
(1)
Money deposited in a housing trust fund may be used
for any activity approved for addressing the Township's low- and moderate-income
housing obligation. Such activities may include, but are not necessarily
limited to housing rehabilitation; new construction; regional contribution
agreements; the purchase of land for low- and moderate-income housing;
extensions and/or improvements of roads and infrastructures to low-
and moderate-income housing sites; assistance designed to render units
to be more affordable to low- and moderate-income people; and administrative
costs necessary to implement the Township's housing element. The expenditure
of all money shall conform to the approved spending plan.
(2)
Unless specifically waived, not less than 30% of the
revenues collected from development fees collected pursuant to this
section shall be devoted to rendering existing units more affordable
to low- and moderate-income households by funding such activities
as down payment assistance, low-interest loans and rental assistance.
(3)
No more than 20% of the revenues collected from development
fees collected pursuant to this section shall be devoted to administrative
expenses incurred by the Township in addressing its fair share obligation.
[Added 12-23-2003 by Ord. No. 2003-54]
In regard to any application for development,
applicant shall be required to submit a fee to the Township for the
revision of the Township Tax Map as follows:
A.
Subdivisions.
(1)
Minor subdivision of up to six lots: base fee of $200,
plus $20 per lot.
(2)
Major subdivision of seven to 24 lots: base fee of
$500, plus $20 per lot.
(3)
Major subdivision of 25 to 100 lots: base fee of $800,
plus $20 per lot.
(4)
Major subdivision of over 100 lots: base fee of $800,
plus $10 per lot.
B.
Site plan approvals.
(1)
Property that is less than one acre: base fee of $300.
(2)
Property that is one to five acres: base fee of $500.
(3)
Property that is over five acres up to 10 acres: base
fee of $800.
(4)
Property that is over 10 acres: base fee of $1,200.
(5)
Residential or commercial condominium projects: base
fee of $300, plus $10 per unit.
