[HISTORY: Adopted by the Township Committee of the Township of Cranbury 5-21-1979; amended in its entirety 12-19-1995 by Ord. No. O-10-95-22. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Affordable housing — See Ch. 44.
The terms set forth in this chapter are hereby defined as follows:
DEVELOPER
Any applicant for a development project, either awaiting approval or approved with improvements being made.
ESCROW OR ESCROW ACCOUNT
Any fees deposited by a developer to pay for municipally incurred expenses in the review of an application or inspections of a project under development, and the accounting entries used to keep track of expenditures.
OFF-SITE CONSTRUCTION
Construction on property located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or a contiguous portion of a street or right-of-way.
SITE IMPROVEMENT
Street paving and the widening, extension or modification of existing paving, curbs, sidewalks, bikeways, storm drains or appurtenances, drainage structures, culverts, fire hydrants, driveways, sanitary sewers, water mains or appurtenances, gutters, street signs, streetlighting, retaining walls and the like. In no case shall the proposed dwelling or building be considered a "site improvement."
SITE PLAN
A development plan of one or more lots on which is shown:
A. 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
B. 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping structures and signs, lighting and screening devices.
C. 
Any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the Planning Board.
SUBDIVISION
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development.
A. 
The following shall not be considered "subdivisions" within the meaning of this chapter if no new streets are created:
(1) 
Divisions of land found by the Planning Board, or Subdivision Committee thereof appointed by the Chairman, to be for agricultural purposes where all resulting parcels are five acres or larger in size.
(2) 
Divisions of property by testamentary or intestate provisions.
(3) 
Divisions of property upon court order.
(4) 
Conveyances so as to combine existing lots by deed or other instrument.
B. 
The term "subdivision" shall also include the term "resubdivision."
SURFACE WATER RUNOFF CONTROL PLAN
A plan which fully indicates sufficient surface water runoff control measures to effectively minimize surface water runoff damage before, during and after land disturbance.
VARIANCE
Permission to depart from the literal requirements of a zoning ordinance pursuant to Section 47, 29.2b, 57c and 57d of Chapter 291 of the Laws of New Jersey 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Amended 12-28-1998 by Ord. No. O-12-98-26; 9-9-2013 by Ord. No. 08-13-23]
The application fee for a subdivision shall be as follows:
A. 
Minor subdivision plat: $300.
B. 
Major subdivision.
(1) 
Preliminary plat: $500 plus $25 per lot.
(2) 
Final plat: $500 plus $20 per lot.
C. 
Resubmittal fees for an application for preliminary or final subdivision approval where the applicant has submitted an incomplete or amended application requiring further review by Township staff and experts shall be as follows:
(1) 
Single-family or two-family residential: $100.
(2) 
All others: $200.
[Amended 12-28-1998 by Ord. No. O-12-98-26; 9-9-2013 by Ord. No. 08-13-23]
The application fees for submission of a site plan for approval shall be as follows:
A. 
Minor site plan: $200.
B. 
Major site plan.
(1) 
Preliminary approval:
(a) 
Multifamily residential: $750, plus $75 per unit.
(b) 
Nonresidential: $750, plus $25 per 1,000 square feet of gross floor area for the first 50,000 square feet and $10 per 1,000 square feet of gross floor area for any additional square footage beyond 50,000 square feet.
(2) 
Final approval: $500.
(3) 
Resubmittal where the applicant has submitted an incomplete application requiring further review by Township staff and experts: $200.
[Amended 9-9-2013 by Ord. No. 08-13-23]
Any application for a variance pursuant to N.J.S.A. 40:55D-70 or exception pursuant to N.J.S.A. 40:55D-51 shall require the following application fees in addition to such application fee as may be required for site plan or subdivision approval:
A. 
Use or other variance pursuant to N.J.S.A. 40:55-70d:
(1) 
Single-family or two-family residential: $200 for first variance, plus $25 for each additional variance.
(2) 
All other development: $500 for first variance plus $100 for each additional variance.
B. 
Bulk or other variance pursuant to N.J.S.A. 40:55D-70c:
(1) 
Single-family or two-family residential: $100 for first variance plus $25 for each additional variance.
(2) 
All other development: $250 for first variance, plus $150 for each additional variance.
C. 
Exceptions pursuant to N.J.S.A. 40:55D-51:
(1) 
Single-family or two-family residential: $50 per exception.
(2) 
All others: $150 for first exception, plus $100 for each additional exception.
D. 
Appeals pursuant to N.J.S.A. 40:55D-70a or requests for interpretation of zoning ordinance pursuant to N.J.S.A. 40:55D-70b:
(1) 
Single-family or two-family residential: $100.
(2) 
All others: $250.
[Amended 9-9-2013 by Ord. No. 08-13-23]
A. 
Applications for a conditional use: $200.
B. 
Publication of notice: $100.
C. 
Special meeting fee (if meeting requested by applicant): $500 per special meeting.
D. 
Informal concept plan/sketch plan review:
(1) 
Single-family or two-family residential: $0 for first review; $150 per review thereafter.
(2) 
All other development:
(a) 
Site plan: $250.
(b) 
Subdivision: $300.
(c) 
All applications involving more than 1,000,000 square feet of gross floor area or parcels exceeding 10 acres: $500.
E. 
General development plans pursuant to N.J.S.A. 40:55D-45 and planned developments:
(1) 
Preliminary approval: $500.
(2) 
Final approval: $500.
F. 
Resubmittal of amended application during pendency of an application:
(1) 
Single-family or two-family residential: $100.
(2) 
Multifamily residential: $300.
(3) 
All other applications: $1,000.
G. 
Soil movement applications:
(1) 
Single-family or two-family residential: $100.
(2) 
All other development: $500.
H. 
Extension of approvals:
(1) 
Single-family and two-family residential: $100.
(2) 
All other development: $300.
[Amended 9-9-2013 by Ord. No. 08-13-23]
In addition to the application fees set forth in §§ 76-3 through 76-6 above, each applicant shall be required to submit with the application a review fee escrow deposit in accordance with the following schedule:
A. 
Minor subdivision plat: $1,500.
B. 
Major subdivision plat:
(1) 
Preliminary approval: $3,000, plus $200 per lot.
(2) 
Final approval: $1,000, plus $100 per lot.
C. 
Minor site plan: $2,000.
D. 
Major site plan:
(1) 
Residential:
(a) 
Preliminary: $2,000, plus $100 per dwelling unit.
(b) 
Final: $1,000, plus $50 per dwelling unit.
(2) 
Nonresidential:
(a) 
Preliminary: $3,000 plus $50 per 1,000 square feet of gross floor area.
(b) 
Final: $1,000 plus $50 per 1,000 square feet of gross floor area.
[Amended 12-8-2014 by Ord. No. 11-14-10]
E. 
Use or other variance pursuant to N.J.S.A. 40:55D-70d:
(1) 
Single-family or two-family residential: $1,000 for the first variance plus $200 for each additional variance.
(2) 
All other development: $3,000 for the first variance plus $300 for each additional variance.
F. 
Bulk or other variance pursuant to N.J.S.A. 40:55D-70c:
(1) 
Single-family or two-family residential: $100 for the first variance plus $50 for each additional variance.
(2) 
All other development: $2,000 for the first variance plus $200 for each additional variance.
G. 
Conditional use permit: $500.
H. 
Requests for exceptions pursuant to N.J.S.A. 40:55D-51:
(1) 
Single-family and two-family residential: $200 for the first exception plus $25 for each additional exception.
(2) 
All other development: $1,000 for the first exception plus $100 for additional exception.
I. 
Extension of approvals:
(1) 
Single-family or two-family residential: $100.
(2) 
All others: $1,000.
J. 
Informal concept plan/sketch plat review:
(1) 
Single-family and two-family residential: $0 for first review; $300 per review thereafter.
(2) 
All other applications: $1,500, plus $3,000 for applications involving more than 10 acres or 1,000,000 square feet of gross floor area of development.
K. 
General development plans pursuant to N.J.S.A. 40:55D-45 and planned developments:
(1) 
Preliminary approval: $2,000 plus $20 per acre.
(2) 
Final approval: $2,000 plus $20 per acre.
L. 
Appeals pursuant to N.J.S.A. 40:55D-70a or requests for interpretation of zoning ordinance pursuant to N.J.S.A. 40:55D-70b:
(1) 
Single-family and two-family residential: $300.
(2) 
All others: $2,000.
M. 
Resubmittal of amended application during pendency of application:
(1) 
Single-family and two-family residential: $200.
(2) 
Multifamily residential: $500.
(3) 
Nonresidential: $2,500.
N. 
Soil movement pursuant to § 150-62:
(1) 
Single-family and two-family residential: $0.
(2) 
All others: $2,000.
A. 
Before recording of a final subdivision plat, or as a condition of final site plan approval, or as a condition of the issuance of any zoning permit, the Township Engineer shall prepare a cost estimate of the cost of installation of the improvements which the Planning Board or the Zoning Board may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyors, monuments, water mains, culverts, storm sewers, sanitary sewers, or other means of sewage disposal, drainage structures, erosion control, sedimentation control devices, public improvements of open space, and, in the case of site plans only, other on-site improvements and landscaping.
B. 
The developer shall make the deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements as estimated by the Township Engineer. For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the developer, be paid in two installments.
C. 
The initial amount deposited by a developer shall be 50% of the reasonably anticipated fees. When the balance on deposit drops to the 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. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments.
D. 
The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees. 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 make additional deposits of 25% of the reasonably anticipated fees. The Township Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit. In the event that final approval is by stages or sections of development, the provisions of this section shall be applied by stage or section.
A. 
The Chief Financial Officer of Cranbury Township shall make all payments to the professionals for services rendered to the Township or the Zoning Board or Planning Board as the case may be for review of applications for development, review and preparation of documents, inspection of improvements, or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. Such fees or charges shall be based upon a schedule established by resolution of the Township Committee as the same may be changed from time to time. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of document and inspection of developments under construction, and review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Township.
B. 
The only cost that shall be added to any such charges shall be actual out-of-pocket expenses of any such professionals or consultants, including normal and typical expenses incurred in processing application and inspecting improvements. The Township of the Planning Board or the Zoning Board as the case may be shall not bill the applicant, or charge any escrow account, or deposit authorized pursuant to this chapter for any municipal, clerical or administrative functions, overhead expenses, meeting room charges, or any other municipal costs and expenses except as provided for in this section nor shall a municipal professional add any such charges to his bill.
C. 
If the salary, staff support and overhead for a township professional are provided by the Township, the charge shall not exceed 200% of the sum of the products resulting from multiplying (1) the hourly base salary which shall be established annually by ordinance of each of the professionals by (2) the number of hours spent by the respective professional upon review of the application for development or inspection of the developer's improvements, as the case may be. For other professionals, the charge shall be at the same rate as all other work of the same nature by the professional for the Township when fees are not reimbursed or otherwise imposed on applicants or developers.
A. 
Each payment charged to the deposit for review of applications, review and preparation of documents, and inspection of improvements shall be pursuant to a voucher from the professional which voucher shall identify the personnel performing the service and, for each date the service is performed, the hours spent to 1/4 hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer of the Township on a monthly basis in accordance with schedules and procedures established by the Chief Financial Officer of the Township. If the services are provided by a Township employee, the Township employee shall prepare and submit to the Chief Financial Officer of the Township a statement containing the same information as required on a voucher on a monthly basis. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the Township simultaneously to the applicant. The Chief Financial Officer of the Township shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest, earnings, disbursements, and the accumulative balance of the escrow account.
B. 
This information shall be provided on a quarterly basis if monthly charges are $1,000 or less or on a monthly basis if monthly charges exceed $1,000. If an escrow account or deposit contains insufficient funds to enable the Township or the Zoning Board or Planning Board to perform required application reviews or improvement inspections, the Chief Financial Officer of the Township shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall within a reasonable time period post a deposit to the account in an amount to be agreed upon by the Township or approving authority and the applicant. In the interim, any required health and safety inspection shall be made and charged back against the replenishment of funds.
A. 
The following closeout procedures shall apply to all deposits in escrow accounts established pursuant to this chapter and shall commence after the Planning Board or Zoning Board has granted final approval and signed a subdivision plat or site plan in the case of application review escrows and deposits, or after the improvements have been approved by the Township in the case of improvement inspection escrows and deposits. The applicant shall send written notice by certified mail to the Chief Financial Officer of the Township and the Planning Board or the Zoning Board, as the case may be, and to the relevant Township professional that the application or the improvements, as the case may be, are completed.
B. 
After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the Township within 30 days and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the Township shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest, in accordance with N.J.S.A. 40:55D-53.1 shall be refunded to the developer along with the final accounting.
All professional charges, review of an application for development, review and preparation of documents, or inspection of improvements shall be reasonable and necessary, given the status and progress of the application for construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with conditions of approval, or review of request for modification or amendments made by the applicant. A professional shall not review items which are subject to approval by any State governmental agency and not under municipal jurisdiction except to the extent consultation with a State agency is necessary due to the effect of State approvals and the subdivision of site plan. Inspection fees shall be charged only for actual work shown on a subdivision of site plan or required by an approving resolution. Professionals inspecting improvements in the construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work and such inspections shall be reasonably based on the approved development plans and documents.
If the Township retains a different professional or consultant in the place of the professional originally responsible for development application review or inspection of the improvements, the Township or the Planning Board or Zoning Board, as the case may be, shall be responsible for all time and expenses of the new professional to become familiar with the application or the project and the Township or the Planning Board or Zoning Board, as the case may be, shall not bill the applicant or charge the deposit or the escrow account for any such services.
An applicant shall notify in writing the Township Committee with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by the professional for service rendered to the Township in reviewing applications for document development, review and preparation of documents, inspection of improvements, or other charges made pursuant to this chapter or if the applicant is unhappy with the estimate of the cost of installation of improvements prepared by the Township Engineer. The Township Committee or its designee shall within a reasonable period of time attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals established under N.J.S.A. 52:27D-127 in accordance with the procedures established under Chapter 54 of the Public Laws of 1955.
Any person requesting a copy of any document, including rules and regulations of any municipal agency, minutes of the meetings of any municipal agency and decisions of any municipal agency, shall pay a fee of $0.50 per page to the 10th page, $0.25 per page for the 11th to 20th pages and $0.10 per page for all pages over 20.
The municipal agency shall provide for the verbatim recording of the proceedings by either a stenographer or mechanical or electronic means at the applicant's expense.
In any case where a municipal agency places a legal advertisement required by this chapter in regard to any application for development, the applicant will pay the cost of such advertisement.
Immediately upon adoption of this chapter, the Municipal Clerk shall file a copy of this chapter with the County Planning Board as required by law. The Clerk shall also file with said County Planning Board copies of all other ordinances of the municipality relating to land use, such as the Subdivision, Zoning and Site Plan Review Ordinances.
[Added 3-9-2026 by Ord. No. 02-26-07[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II, Affordable Housing Development Fees, as amended 3-30-2009 by Ord. No. 03-09-04.
A. 
This article establishes standards for the collection, maintenance, and expenditure of development fees that are consistent with the amended Fair Housing Act (P.L. 2024, c. 2), N.J.A.C. 5:99, and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7). Fees collected pursuant to this article shall be used for the sole purpose of providing very-low-, low- and moderate-income housing in accordance with a Court-approved Spending Plan.
A. 
The municipality previously adopted a development fee ordinance, which established the Municipal Affordable Housing Trust Fund.
B. 
The municipality shall not spend development fees until the court has approved a plan for spending such fees.
AFFORDABLE HOUSING DEVELOPMENT
Means a development included in a municipality's housing element and fair share plan, and includes, but is not limited to, an inclusionary development, a municipally sponsored affordable housing project, or a 100% affordable development. This includes developments with affordable units on-site, off-site, or provided as a payment in-lieu of construction only if such a payment-in-lieu option has been previously approved by the Superior Court as part of the HEFSP. Payments in lieu of construction were invalidated per P.L. 2024, c. 2.
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 residential and non-residential property as permitted pursuant to N.J.S.A. 52:27D-329.2 and 40:55D-8.1 through 40:55D-8.7 and N.J.A.C. 5:99-3.
DIVISION
Means the Division of Local Planning Services within the Department of Community Affairs.
EQUALIZED ASSESSED VALUE or EAV
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 at P.L. 1973, c. 123 (N.J.S.A. 54:1-35a, 54:1-35b, and 54:1-35c). Estimates at the time of building permit may be obtained by the tax assessor using construction cost estimates. Final EAV shall be determined at project completion by the municipal assessor.
A. 
Imposed fees.
(1) 
Residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development, provided no increased density is permitted. Development fees shall also be imposed and collected when an additional dwelling unit is added to an existing residential structure; in such cases, the fee shall be calculated based on the increase in the equalized assessed value of the property due to the additional dwelling unit.
(2) 
When an increase in residential density is permitted pursuant to a "d" variance granted under N.J.S.A. 40:55D-70d(5), developers shall be required to pay a "bonus" development fee of 6.0% of the equalized assessed value for each additional unit that may be realized, except that this provision shall not be applicable to a development that will include affordable housing. If the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.
Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1.5% of the equalized assessed value on the first two units; and the specified higher percentage of 6% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.
B. 
Eligible exactions, ineligible exactions and exemptions for residential development.
(1) 
Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality, and developments where the developer has made an eligible payment in lieu of on-site construction of affordable units, if permitted by ordinance, or by agreement with the municipality and if approved by a municipality prior to the statutory elimination of payments in-lieu on March 20, 2024, per P.L. 2024, c. 2, shall be exempt from development fees.
(2) 
Developments that have received preliminary or final site plan approval prior to the adoption of this ordinance and any preceding ordinance permitting the collection of development fees shall be exempt from the payment of development fees, unless the developer seeks a substantial change in the original approval. Where a site plan approval does not apply, the issuance of a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for the purpose of determining the right to an exemption. In all cases, the applicable fee percentage shall be determined based upon the development fee ordinance in effect on the date that the construction permit is issued.
(3) 
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.
(4) 
No development fee shall be collected for the demolition and replacement of a residential building resulting from a fire or natural disaster.
(5) 
Any change to a more intense use or replacement or expansion of a structure that does not result in an increase in the equalized assessed value of the structure of $20,000 or more shall be exempt from paying a development fee.
A. 
Imposition of fees.
(1) 
Within all zoning districts, non-residential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new non-residential construction on an unimproved lot or lots.
(2) 
Within all zoning districts, non-residential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for non-residential purposes.
(3) 
Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the pre-existing land and improvements and the equalized assessed value of the newly improved structure; i.e., land and improvements; and such calculation shall be made at the time a final certificate of occupancy is issued. If the calculation required under this article results in a negative number, the non-residential development fee shall be zero.
B. 
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 a 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.
C. 
Non-residential developments shall be exempt from the payment of non-residential development fees in accordance with the exemptions required pursuant to the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7), as specified in Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption." Any exemption claimed by a developer shall be substantiated by that developer.
D. 
A developer of a non-residential development exempted from the non-residential development fee pursuant to the Statewide Non-Residential Development Fee Act shall be subject to the fee at such time as the basis for the exemption no longer applies, and shall make the payment of the 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.
E. 
If a property that was exempted from the collection of a non-residential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this article within 45 days of the termination of the property tax exemption. Unpaid non-residential development fees under these circumstances may be enforceable by the municipality as a lien against the real property of the owner.
A. 
Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a building permit.
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," to be completed by the developer as per the instructions provided in the Form N-RDF. The construction official shall verify the information submitted by the non-residential developer as per the instructions provided on Form N-RDF. The tax assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
C. 
The construction official responsible for the issuance of a building permit shall notify the tax assessor of the issuance of the first construction permit for a development that is subject to a development fee.
D. 
Within 90 days of receipt of that notice, the tax assessor shall provide an estimate, based on the plans filed, of the equalized assessed value of the development.
E. 
The construction official responsible for the issuance of a final certificate of occupancy shall notify the tax assessor of any and all requests for the scheduling of a final inspection on property that is subject to a development fee.
F. 
Within 10 business days of a request for the scheduling of a final inspection, the tax assessor shall confirm or modify the previously estimated equalized assessed value of the improvements associated with the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.
G. 
Should the municipality 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).
H. 
50% of the development fee shall be collected at the time of issuance of the construction permit. The remaining portion shall be collected at the time of issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at the time of issuance of the construction permit and that determined at the time of issuance of certificate of occupancy.
A. 
A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by that board, collected fees shall be placed in an interest-bearing escrow account by the municipality. Appeals from a determination of the board may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
B. 
A developer may challenge non-residential development fees imposed by filing a challenge with the director of the Division of Taxation. Pending a review and determination by the director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by the municipality. Appeals from a determination of the director may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
A. 
A separate, interest-bearing Municipal Affordable Housing Trust Fund shall be maintained by the chief financial officer of the municipality for the purpose of depositing development fees collected from residential and non-residential developers and proceeds from the sale of units with extinguished controls.
B. 
The following additional funds shall be deposited in the Municipal Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
(1) 
Payments in lieu of on-site construction of an affordable unit, where previously permitted by ordinance or by agreement with the municipality and if approved by a municipality prior to the statutory elimination of payments in-lieu on March 20, 2024, per P.L., 2024, c. 2;
(2) 
Funds contributed by developers to make 10% of the adaptable entrances in a townhouse or other multistory attached dwelling unit development accessible;
(3) 
Rental income from municipally operated units;
(4) 
Repayments from affordable housing program loans;
(5) 
Recapture funds;
(6) 
Proceeds from the sale of affordable units; and
(7) 
Any other funds collected in connection with the municipal affordable housing program including but not limited to interest earned on fund deposits.
C. 
The municipality shall provide the Division with written authorization, in the form of a tri-party escrow agreement(s) between the municipality, the Division and the financial institution in which the municipal affordable housing trust fund has been established to permit the Division to direct the disbursement of the funds as provided for in N.J.A.C. 5:99-2.1 et seq.
D. 
Occurrence of any of the following deficiencies may result in the Division requiring the forfeiture of all or a portion of the funds in the municipal Affordable Housing Trust Fund:
(1) 
Failure to meet deadlines for information required by the Division in its review of a development fee ordinance;
(2) 
Failure to commit or expend development fees within four years of the date of collection in accordance with N.J.A.C. 5:99-5.5;
(3) 
Failure to comply with the requirements of the Non-Residential Development Fee Act and N.J.A.C. 5:99-3;
(4) 
Failure to submit accurate monitoring reports pursuant to this subsection within the time limits imposed by the Act, this chapter, and/or the Division;
(5) 
Expenditure of funds on activities not approved by the Superior Court or otherwise permitted by law;
(6) 
Revocation of compliance certification or a judgment of compliance and repose;
(7) 
Failure of a municipal housing liaison or administrative agent to comply with the requirements set forth at N.J.A.C. 5:99-6, 5:99-7 and 5:99-8;
(8) 
Other good cause demonstrating that municipal affordable housing funds are not being used for an approved purpose.
E. 
All interest accrued in the housing trust fund shall only be used on eligible affordable housing purposes approved by the Court.
A. 
The expenditure of all funds shall conform to a Spending Plan approved by Superior Court. Funds deposited in the municipal Affordable Housing Trust Fund may be used for any activity approved by the Court to address the fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls; housing rehabilitation; new construction of affordable housing units and related costs; accessory apartments; a market-to-affordable program; conversion of existing non-residential buildings to create new affordable units; green building strategies designed to be cost-saving and in accordance with accepted national or state standards; purchase of land for affordable housing; improvement of land to be used for affordable housing; extensions or improvements of roads and infrastructure to affordable housing sites; financial assistance designed to increase affordability; administration necessary for implementation of the Housing Element and Fair Share Plan; and/or any other activity permitted by Superior Court and specified in the approved Spending Plan.
B. 
Funds shall not be expended to reimburse the municipality or activities that occurred prior to the authorization of a municipality to collect development fees.
C. 
At least a portion of all development fees collected and interest earned shall be used to provide affordability assistance to very-low-, low- and moderate-income households in affordable units included in the municipal Fair Share Plan. A portion of the development fees which provide affordability assistance shall be used to provide affordability assistance to very-low-income households.
(1) 
Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners association or condominium fees and special assessments, infrastructure assistance, and assistance with emergency repairs. The specific programs to be used for affordability assistance shall be identified and described within the Spending Plan.
(2) 
Affordability assistance for very-low-income households may include producing very-low-income units or buying down the cost of low- or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income.
D. 
No more than 20% of all affordable housing trust funds, exclusive of those collected to fund an RCA prior to July 17, 2008, shall be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultants' fees necessary to develop or implement a new construction program, prepare and implement a Housing Element and Fair Share Plan, administer an affirmative marketing program and for compliance with the Superior Court and the Program including the costs to the municipality of resolving a challenge.
A. 
On or before February 15 of each year, the municipality shall provide annual electronic data reporting of trust fund activity for the previous year from January 1 to December 31 through the AHMS Reporting System. This reporting shall include an accounting of all Municipal Affordable Housing Trust Fund activity, including the sources and amounts of all funds collected and the amounts and purposes for which any funds have been expended. Such reporting shall include an accounting of development fees collected from residential and non-residential developers, previously eligible payments in lieu of constructing affordable units on site (if permitted by ordinance or by agreement with the municipality prior to the March 20, 2024, statutory elimination per P.L. 2024, c. 4), funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income from municipally-owned affordable housing units, repayments from affordable housing program loans, interest and any other funds collected in connection with municipal housing programs, as well as an accounting of the expenditures of revenues and implementation of the Spending Plan approved by the Court.
A. 
The ability to impose, collect and expend development fees shall continue so long as the municipality retains authorization from the Court in the form of compliance certification or the good faith effort to obtain it.
B. 
If the municipality fails to renew its ability to impose and collect development fees prior to the expiration of its Judgment of Compliance, it may be subject to forfeiture of any or all funds remaining within its Affordable Housing Trust Fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund established pursuant to Section 20 of P.L.1985, c. 222 (N.J.S.A. 52:27D-320).
A. 
Requests to expend affordable housing trust funds on emergent affordable housing opportunities not included in the municipal fair share plan shall be made to the Division and shall be in the form of a governing body resolution. Any request shall be consistent with N.J.A.C. 5:99-4.1.