[Amended 9-5-2019 by Ord. No. 1666-19; 12-3-2020 by Ord. No. 1692-20; 6-3-2021 by Ord. No. 1703-21]
This article establishes standards for the collection, maintenance,
and expenditure of development fees that are consistent with COAH's
regulations developed in response to P.L. 2008, c. 46, Sections 8
and 32 through 38 (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 article shall be used for the purpose of providing
very-low-, low- and moderate-income housing in accordance with a court-approved
spending plan.
[Amended 9-5-2019 by Ord. No. 1666-19; 12-3-2020 by Ord. No. 1692-20; 6-3-2021 by Ord. No. 1703-21]
A. This article shall not be effective unless and until approved by
the Superior Court in connection with the Township of Saddle Brook's
declaratory judgment action concerning its third round affordable
housing obligations, Docket No. BER-L-6297-15.
B. The Township of Saddle Brook shall not spend development fees collected
pursuant to this article unless and until the Superior Court has approved
a spending plan for such fees.
The following terms, as used in this article, shall have the
following meanings:
AFFORDABLE HOUSING DEVELOPMENT
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 one-hundred-percent affordable
development.
COAH or THE COUNCIL
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
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 §§ 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.
[Amended 12-3-2020 by Ord. No. 1692-20; 6-3-2021 by Ord. No. 1703-21]
A. The ability of the Township of Saddle Brook to impose, collect and
expend development fees shall be permitted through the expiration
of the repose period covered by its judgment of compliance and shall
continue thereafter so long as the Township of Saddle Brook has 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 compliance 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.
B. If the Township of Saddle Brook is not pursuing authorization to
impose and collect development fees after 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 Section 20 of P.L. 1985, c. 222 (N.J.S.A.
52:27D-320).
C. After the expiration of the judgment of compliance, if the Township
does not pursue or obtain continued authorization, the Township of
Saddle Brook shall not impose a residential development fee on a development
that receives preliminary or final site plan approval, retroactively
impose a development fee on such a development, or expend any of its
collected development fees.