[Amended 12-13-2012 by Ord. No. 26-12; 2-26-2015 by Ord. No. 02-15]
A. Upon the filing of any appeal or application for development to the
Land Use Board by any person other than an officer of the Borough
of Rockaway acting in an official capacity or a department, board
or agency of the Borough, the appellant or applicant shall pay an
application charge and an escrow deposit. The application charge is
a flat fee to cover administrative expenses and is nonrefundable.
The escrow account is established to cover the cost of professional
services rendered to the appropriate municipal agency (including engineering,
planning and other expenses connected with the review of submitted
materials) for development review and preparation of documents, or
inspection of improvements.
B. No application for development shall be deemed complete until such
time as the applicant shall have posted with the Borough of Rockaway
in cash or check the application charge and escrow deposit determined
by the Land Use Board to be required in accordance with the provisions
of this chapter. Failure to remit any additional required escrow moneys
within 15 days of the request shall render the application incomplete,
and no further proceedings or actions shall be taken by the Board
until after compliance.
C. An expansion or change of a preexisting nonconforming use shall be
deemed a use variance and the appropriate application charge and escrow
fee shall be paid.
D. Where an application includes preexisting nonconforming aspects of
a property which must be addressed as a result of the applicant's
seeking of a variance as to that property, the appropriate application
charges and escrow deposits must be paid for each nonconforming aspect
of the property which requires the granting of a variance.
E. Where one application for development includes several approval requests,
the sum of the individual required fees shall be paid.
F. Each applicant for subdivision or site plan approval shall agree to pay all reasonable costs for professional review of the application and for preparation of any required legal documentation, including a developer's agreement. Additionally, each applicant shall pay all reasonable costs for inspection and testing of the improvements. All costs for review and for preparation of the required legal documentation must be paid before any approved plat, plan or deed is signed, and all inspection fees must be paid in accordance with §
169-57 (Inspections and tests) of this chapter before any construction permit is issued, and all remaining costs must be paid in full before any occupancy of the premises is permitted or certificate of occupancy issued.
G. If an applicant desires a court reporter, the cost for taking testimony
and transcribing it and providing a copy of the transcript to the
Borough shall be at the expense of the applicant who shall arrange
for the reporter's attendance.
[Amended 12-27-2007 by Ord. No. 25-07; 12-13-2012 by Ord. No. 26-12; 2-26-2015 by Ord. No. 02-15]
Every application for development shall be accompanied by a
check payable to the Borough of Rockaway in accordance with the following
schedule for the application charge and a separate check payable to
the Borough of Rockaway for the escrow deposit.
|
|
|
|
Application Charge
|
Initial Escrow Deposit
|
---|
A.
|
Subdivisions
|
|
(1)
|
Minor
|
$600
|
$1,000
|
|
(2)
|
Preliminary major
|
$500, plus $100 per lot
|
$100 per lot, minimum $1,500; maximum $8,000
|
|
(3)
|
Final major
|
$300, plus $50 per lot
|
$50 per lot, minimum $1,000; maximum $8,000
|
|
(4)
|
Concept plat for review
|
|
|
|
|
(a)
|
Minor
|
$100
|
$500
|
|
|
(b)
|
Major
|
$200
|
$1,000
|
B.
|
Site Plans
|
|
(1)
|
Minor
|
$500, plus $50 for each 1,000 square feet of lot area
|
$2,500
|
|
(2)
|
Preliminary major
|
$500 plus $10 per 1,000 square feet of lot area or any portion
thereof
|
$3,000 plus $20 per 1,000 square feet of lot area or any portion
thereof; maximum $8,000
|
|
(3)
|
Final plan
|
50% of preliminary major
|
$3,000, plus $10 per 1,000 square feet of lot area or any portion
thereof; maximum $8,000
|
|
(4)
|
Concept plan for review
|
|
|
(a)
|
Minor
|
$100
|
$500
|
|
|
(b)
|
Major
|
$200
|
$2,000
|
|
(5)
|
Site plan waiver
|
$300
|
$500
|
C.
|
Variances
|
|
|
|
(1)
|
Appeals (N.J.S.A. 40:55D-70a)
|
$250
|
$2,000
|
|
(2)
|
Interpretation (N.J.S.A. 40:55D-70b)
|
$250
|
$2,000
|
|
(3)
|
Bulk (N.J.S.A. 40:55D-70c)
|
|
|
|
|
(a)
|
Single-family residential lot
|
$400
|
$500
|
|
|
(b)
|
All others:
|
|
|
|
|
|
First variance
|
$400
|
$2,500
|
|
|
|
Each additional variance/design waiver
|
$0
|
$250
|
|
(4)
|
Use (N.J.S.A. 40:55D-70d)
|
$1,000
|
$2,500
|
|
(5)
|
Permit (N.J.S.A. 40:55D-34 and 35)
|
$250
|
$500
|
D.
|
Conditional use application
|
$500 plus $10 per 1,000 square feet of lot area or any portion
thereof
|
$3,000 plus $20 per 1,000 square feet of lot area or any portion
thereof; maximum $8,000
|
E.
|
Bond releases
|
|
(1)
|
Performance
|
$100
|
Where costs of improvements were less than $50,000, the escrow
shall be $600; where $50,000 to $100,000: $1,500; over $100,000: $2,000
|
|
(2)
|
Maintenance
|
$100
|
Where costs of improvements were less than $50,000, the escrow
shall be $350; where $50,000 to $100,000: $1,000; over $100,000: $1,500
|
F.
|
Extension of time request
|
$200
|
$1,000
|
G.
|
Development permit (flood damage prevention)
|
$200
|
$1,000
|
[Amended 12-27-2007 by Ord. No. 25-07; 2-26-2015 by Ord. No. 02-15]
The Chief Financial Officer of the Borough shall collect escrow
deposits from applicants and make all of the payments to professionals
for services rendered to the Borough in connection with land development
applications in accordance with the procedures set forth in N.J.S.A.
40:55D-53.1 through N.J.S.A. 40:55D-53.2a.
[Amended 12-27-2007 by Ord. No. 25-07; 2-26-2015 by Ord. No. 02-15]
Zoning permit fees shall be as follows:
C. Change of use application: $100.
E. Outdoor
dining application: $25.
[Added 6-23-2022 by Ord. No. 13-22]
F. Temporary
storage unit permits:
[Added 9-28-2023 by Ord.
No. 23-19]
[Amended 12-27-2007 by Ord. No. 25-07; 2-26-2015 by Ord. No. 02-15]
Tax Map revision fees shall be as follows:
A. Minor subdivision plat: $75 per lot.
B. Final major subdivision plat: $75 per lot not to exceed $3,500 per
application.
C. Site plan application creating condominium units (whether residential
or commercial units): $75 per unit, not to exceed $3,500 per application.
[Amended 12-27-2007 by Ord. No. 25-07; 2-26-2015 by Ord. No. 02-15]
A. A certificate of subdivision approval shall be pursuant to N.J.S.A.
40:55D-56.
B. The Borough Clerk shall be entitled to demand and receive for each
certificate of subdivision issued a reasonable fee not in excess of
those provided in N.J.S.A. 54:5-14 and 54:5-15.
[Amended 12-27-2007 by Ord. No. 25-07; 2-26-2015 by Ord. No. 02-15]
A. All site improvements and utility installations for both site plans
and subdivisions shall be inspected during the time of their installation
under the supervision of the Borough Engineer to insure satisfactory
completion. The cost of said inspection shall be the responsibility
of the owner who shall deposit with the Borough Treasurer a sum not
to exceed, except for extraordinary circumstances, the greater of
$500 or 5% of the cost of improvements, which cost shall be determined
by the Borough Engineer.
B. In no case shall any paving work be done without permission from
the Borough Engineer. At least two (2) working days' notice shall
be given to the Borough Engineer prior to any construction so that
he or a qualified representative may be present at the time the work
is to be done.
C. Any improvement installed without notice for inspection shall constitute
just cause for:
(1) Removal of the uninspected improvement;
(2) The payment by the developer of any costs for material testing;
(3) The restoration by the developer of any improvements disturbed during
any material testing; and/or
(4) The issuance of a stop-work order by the Borough Engineer pending
the resolution of any dispute.
[Amended 12-27-2007 by Ord. No. 25-07; 2-26-2015 by Ord. No. 02-15]
The Mayor and Council, by resolution, shall either approve the
improvements determined to be complete and satisfactory by the Borough
Engineer, or reject any or all of these improvements upon the establishment
in the resolution of cause for rejection, and shall approve and authorize
the amount of reduction to be made in the performance guarantee relating
to the improvements accepted, in accordance with the itemized cost
estimate prepared by the Borough Engineer.
[Amended 2-26-2015 by Ord. No. 02-15]
The approval of any application for development by the Borough
shall in no way be construed as acceptance of any street or drainage
system, or any other improvement, nor shall such approval obligate
the Borough in any way to exercise jurisdiction over such street or
drainage system or other improvement. No improvement shall be accepted
by the Mayor and Council unless and until all of the following conditions
have been met:
A. The Borough Engineer shall have certified in writing that the improvements
are completed and that they comply with the requirements of this chapter;
B. The final application for development shall have been approved by
the Board;
C. The owner shall have filed with the Borough a maintenance bond and
guarantee in an amount equal to and not more than 15% of the cost
of installing the improvements and which amount shall be determined
by the Borough Engineer. The maintenance bond shall run for a period
of two years. The requirements for a maintenance bond may be waived
by the Mayor and Council only if the Borough Engineer has certified
that the improvements have been in continuous use for not less than
two years from the date the Borough Engineer certified completion
of such improvements and that during this period the owner has maintained
the improvements in a satisfactory manner; and
D. An "as built" plan and profiles of all utilities and roads (three
black-and-white prints plus a Mylar copy to be sent to the Borough
Engineer), with certification signed and sealed by a New Jersey licensed
professional engineer or land surveyor as to the actual construction
as approved by the Borough Engineer, shall be provided.
[Amended 12-27-2007 by Ord. No. 25-07; 2-26-2015 by Ord. No. 02-15]
Where the proposed off-tract improvement is to be undertaken
at a future date, funds required for the improvement shall be deposited
to the credit of the Borough of Rockaway in a separate account until
such time as the improvement is constructed. In lieu of a cash escrow
account, developers may present irrevocable letters of credit for
the term required in a form acceptable to the Borough Attorney. If
the off-tract improvement is not begun within 10 years of the deposit,
all monies and interest shall be returned to the applicant or the
letter of credit, as the case may be, surrendered. An off-tract improvement
shall be considered "begun" if the Borough of Rockaway has taken legal
steps to provide for the design and financing of such improvements.
[Amended 12-6-1999 by Ord. No. 13-99; 12-27-2007 by Ord. No. 25-07; 5-14-2009 by Ord. No. 04-09; 2-26-2015 by Ord. No. 02-15]
Where applications for development result in the need for off-tract
improvements, the Land Use Board shall determine the scope of all
such improvements. The timing and developer's pro rata share of such
improvements shall be incorporated into a developer's agreement between
the developer and the Borough.
[Amended 2-26-2015 by Ord. No. 02-15]
The Borough may require performance guarantees and/or maintenance
bonds pursuant to N.J.S.A. 40:55D-53 through N.J.S.A. 40:55D-53c and
at N.J.S.A. 40:55D-53.3 through N.J.S.A. 40:55D-53.5.
[Added 8-11-2005 by Ord. No. 10-05;
amended 10-27-2005 by Ord. No.
16-05; 10-26-2006 by Ord. No. 23-06; 4-26-2007 by Ord. No. 06-07; 9-13-2018 by Ord. No. 15-18]
A. Findings and purpose.
(1) In Holmdel Builder's Ass'n v. Holmdel Township, 121 N.J. 550 (1990),
the New Jersey Supreme Court determined that mandatory development
fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A.
52:27D-301 et seq., and the State Constitution, subject to the Council
on Affordable Housing's (COAH's) adoption of rules.
(2) 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 was 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 a Court of competent jurisdiction and have an approved
spending plan may retain fees collected from nonresidential development.
(3) This section establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to COAH's regulations
and in accordance with P.L. 2008, c. 46, §§ 8 and 32-38.
Fees collected pursuant to this ordinance shall be used for the sole
purpose of providing low- and moderate-income housing. This ordinance
shall be interpreted within the framework of COAH's prior round rules
on development fees, codified at N.J.A.C. 5:93-8 and 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).
B. Basic requirements.
(1) This section shall not be effective until approved by the Court.
(2) The Borough of Rockaway shall not spend development fees until the
Court has approved a plan for spending such fees in conformance with
N.J.A.C. 5:93-5.1(c).
C. Definitions. The following terms, as used in this section, 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 100-percent-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. 5:93-8.
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.
D. Residential development fees.
(1) Imposed fees.
(a)
Within all zoning district(s), residential developers, except
for developers of the types of development specifically exempted below,
shall pay a fee of 1% 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 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
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 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.
(c)
Eligible exactions, ineligible exactions, and exemptions for
residential development.
[1]
Affordable housing developments and developments where the developer
has made a payment in lieu of on-site construction of affordable units
shall be exempt from development fees.
[2]
Developments that have received preliminary or final site plan
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 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.
[3]
Development fees shall be imposed and collected when an existing
structure undergoes a change to a more intense use, is demolished
and replaced, unless the owner resided in the previous dwelling for
a period of one year or more prior to obtaining a demolition permit,
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 or
replaced structure as compared to the previous structure.
[4]
Homes replaced as a result of a natural disaster (such as a
fire or flood) shall be exempt from the payment of a development fee.
E. Nonresidential development fees.
(1) Imposed fees.
(a)
Within all zoning districts, nonresidential developers, except
for developers of the types of development specifically exempted below,
shall pay a fee equal to 2.5% of the equalized assessed value of the
land and improvements, for all new nonresidential construction on
an unimproved lot or lots.
(b)
Nonresidential developers, except for developers of the types
of development specifically exempted below, 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 nonresidential
purposes.
(c)
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 improvement and the equalized assessed
value of the newly improved structure, i.e., made an improvement,
at the time final certificate of occupancy is issued. 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 nonresidential
development.
(a)
The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to the development fee of 2.5%,
unless otherwise exempted below.
(b)
The fee of 2.5% shall not apply to an increase in equalized
assessed value resulting from alterations, change in use within the
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 the Borough of Rockaway as a lien against the
real property of the owner.
F. Collection procedures.
(1) 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.
(2) For nonresidential 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 as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The construction official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in the Form N-RDF. The tax assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
(3) The construction official responsible for the issuance of a building
permit shall notify the local tax assessor of the issuance of the
first building permit for a development which is subject to a development
fee.
(4) Within 90 days of receipt of that notice, the municipal tax assessor,
based on the plans filed, shall provide an estimate of the equalized
assessed value of the development.
(5) The construction official responsible for the issuance of a final
certificate of occupancy notifies the local assessor of any and all
requests for the scheduling of a final inspection on property which
is subject to a development fee.
(6) Within 10 business days of a request for the scheduling of a final
inspection, the municipal 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.
(7) Should the Borough of Rockaway 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 § 37 of P.L. 2008, c. 46 (N.J.S.A.
40:55D-8.6).
(8) Except as provided in Subsection
E(1)(c) above, 50% of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.
(9) Appeal of development fees.
(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 the Board, collected fees shall be placed
in an interest-bearing escrow account by the Borough of Rockaway.
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, N.J.S.A. 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 nonresidential 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 Borough of
Rockaway. 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, N.J.S.A. 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.
G. Affordable Housing Trust Fund.
(1) There is hereby created a separate, interest-bearing housing trust
fund to be maintained by the Borough of Rockaway Chief Financial Officer
for the purpose of depositing development fees collected from residential
and nonresidential developers and proceeds from the sale of units
with extinguished controls.
(2) The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
(a)
Payments in lieu of on-site construction of affordable units;
(b)
Developer contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible;
(c)
Rental income from municipally operated units;
(d)
Repayments from affordable housing program loans;
(f)
Proceeds from the sale of affordable units; and
(g)
Any other funds collected in connection with the Borough of
Rockaway's Affordable Housing Program.
(3) Within seven days from the opening of the trust fund account, the
Borough of Rockaway shall provide the State of New Jersey, Department
of Community Affairs, Division of Local Government Services with written
authorization, in the form of a three-party escrow agreement between
the municipality, the bank, and NJDCA-LGS to permit NJDCA-LGS to direct
the disbursement of the funds as provided for in N.J.A.C. 5:93-8.15,
8.18 and 8.19. This requirement shall be deemed to have been satisfied
by a previously executed three-party escrow agreement with COAH, provided
the bank remains the same as in the original agreement.
(4) All interest accrued in the housing trust fund shall only be used
on eligible housing activities approved by the Court.
H. Use of funds.
(1) The expenditure of all funds shall conform to a spending plan approved
by the Court. Funds deposited in the Housing Trust Fund may be used
for any activity approved by the Court to address the Borough of Rockaway's
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, rehabilitation, new construction of affordable
housing units and related costs, accessory apartment, market to affordable,
or regional housing partnership programs, conversion of existing nonresidential
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, or
any other activity as permitted pursuant to N.J.A.C. 5:93-8.16 and specified in the approved spending plan.
(2) Funds shall not be expended to reimburse the Borough of Rockaway
for past housing activities.
(3) At least 30% of all development fees collected and interest earned
shall be used to provide affordability assistance to low- and moderate-income
households in affordable units included in the municipal Fair Share
Plan. One-third of the affordability assistance portion of development
fees collected shall be used to provide affordability assistance to
those households earning 30% or less of median income by region.
(a)
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.
(b)
Affordability assistance to households earning 30% or less of
median income may include 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.
(c)
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.
(4) The Borough of Rockaway may contract with a private or public entity
to administer any part of its Housing Element and Fair Share Plan,
including the requirement for affordability assistance.
(5) No more than 20% of all revenues collected from development fees
may be expended on administration, including, but not limited to,
salaries and benefits for municipal employees or consultant fees necessary
to develop or implement a new construction program, a Housing Element
and Fair Share Plan, and/or an affirmative marketing program. 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. Administrative funds may be used for income qualification
of households, monitoring the turnover of sale and rental units, and
compliance with the reporting and monitoring requirements that have
been approved by the Court. Legal or other fees related to litigation
opposing affordable housing sites or objecting to or appealing Court's
approval of Rockaway's Housing Element and Fair Share Plan are not
eligible uses of the Affordable Housing Trust Fund.
I. Monitoring. On an annual basis commencing with the first anniversary
of the entry of the Order granting a Final Judgment of Compliance
and Repose to Rockaway, the Borough of Rockaway shall report all activity
in connection with its Affordable Housing Trust Fund to the New Jersey
Department of Community Affairs [either the Division of Local Government
Services or the Council on Affordable Housing (COAH), whichever entity
is designated by the State of New Jersey], with a copy provided to
Fair Share Housing Center and to the Intervenors/Defendants IMO the
Application of the Borough of Rockaway for a Final Judgment of Compliance
and Repose of its Obligations Under the Fair Housing Act and Approval
of its Amended Spending Plan, Docket No.: PAS-L-2348-15, and with
a posting of same on the municipal website, using forms previously
developed for this purpose by COAH. The reporting shall include all
sources and amounts collected/earned and the amounts and purposes
for which funds have been expended.
J. Ongoing collection of fees.
(1) The ability for the Borough of Rockaway to impose, collect and expend
development fees shall expire with its Judgment of Compliance and
Repose unless the Borough of Rockaway has filed an adopted Housing
Element and Fair Share Plan with the Court or with COAH or its successor
agency designated by the State of New Jersey, has petitioned for a
Judgment of Compliance and Repose or substantive certification, and
has received the Court's or COAH's approval of its development fee
ordinance. If the Borough of Rockaway fails to renew its ability to
impose and collect development fees prior to the expiration of its
Judgment of Compliance and Repose, it may be subject to forfeiture
of any or all funds remaining within its municipal trust fund. Any
funds so forfeited shall be deposited into the "New Jersey Affordable
Housing Trust Fund" established pursuant to § 20 of P.L.
1985, c. 222 (N.J.S.A. 52:27D-320). The Borough of Rockaway shall
not impose a residential development fee on a development that receives
preliminary or final site plan approval after the expiration of its
Judgment of Compliance and Repose, nor shall the Borough of Rockaway
retroactively impose a development fee on such a development. The
Borough of Rockaway shall not expend development fees after the expiration
of its Judgment of Compliance and Repose.
(2) It is the intent of the Borough Council to incorporate the additions,
amendments and/or supplements contained in this ordinance into the
Code.
[Added 3-8-2007 by Ord. No. 03-07]
A. All detention/retention basins for stormwater drainage in any multifamily residential use development or nonresidential use developments shall be owned and maintained by a condominium, homeowners' association or other private individual or group. All detention/retention basins for stormwater drainage located within or as a part of a solely single-family residential use development shall be dedicated to the Borough of Rockaway. Prior to the acceptance of any stormwater facility by the Borough of Rockaway, same shall be certified by the Borough Engineer to have been constructed in accordance with the requirements and specifications of this section. In addition, prior to the issuance of any certificate of occupancy, the developer shall post with the Borough of Rockaway an escrow deposit in an amount to be determined in accordance with the formula set forth below to pay the cost of maintenance of the detention basin for 10 years from the date of the establishment of the escrow deposit pursuant to the terms set forth in §
169-63. Such escrow deposit shall be utilized for the maintenance of such detention/retention facility.
B. Technical standards for the construction of improvements.
(1) The fees set forth below shall be for the purpose
of reimbursing the Borough for direct fees, costs, charges and expenses
for the maintenance of a detention/retention facility, including but
not limited to routine mowing, maintenance of landscaping, general
maintenance concerning inlets, cleaning of property and long-range
maintenance on a periodic basis.
(2) The escrow amount shall be deposited with the Borough
prior to the issuance of any certificates of occupancy. All funds
shall remain in an interest-bearing escrow account. The entire amount
of any interest shall be applied to the purposes for which it was
originally deposited.
(3) All costs, expenses, charges and fees incurred by
the Borough for the maintenance of a detention/retention basin shall
be charged against the escrow fund established for the maintenance
of such a basin.
(4) The Borough will conduct maintenance programs at its
discretion and shall maintain liability insurance on the basin out
of the funds so created. The maintenance programs may include:
(a)
Routine mowing of the property. Mowing costs
shall be estimated at the rate of one acre per hour. The cost per
hour for the Borough labor and equipment shall be multiplied by the
number of acres to be mowed. A base number shall also be included
for the mobilization and the maintenance of the equipment. The annual
mowing cost per year shall be calculated by multiplying the number
of mowings per year by the cost per mowing, plus materials.
(b)
Maintenance of landscaping. The cost shall be
based upon the number of hours for landscape maintenance multiplied
by a rate per hour for labor and equipment. Any and all additional
stock or materials which shall be necessary to replace approved landscaping
shall also be charged against the fund.
(c)
General maintenance. The cost for general maintenance
shall be based upon a one-hour mobilization time together with the
total number of hours expended times the rate per hour for Borough
labor and equipment. The general maintenance annual cost shall be
calculated by multiplying the number of times maintenance is anticipated
to be performed by the cost for general maintenance.
(d)
Long-term maintenance. The long-term maintenance
shall be calculated on cost per acre, multiplied by the number of
acres, and applied against the assumption that a residential detention/retention
basin needs rejuvenation every 15 years and a commercial basin every
eight years. These amounts are reduced thereto an annualized cost
by multiplying the cost per time of maintenance by a duration factor
of 0.126 or 0.066 for commercial and residential properties, respectively.
(e)
Insurance. The Borough shall assume liability
for the property and a portion of the fund shall be used for purchase
of insurance for the detention/retention basin.
(5) Calculation of the developer fund. The amount of money to be placed in escrow shall be calculated in accordance with Subsections
B(4)(a) through
(e) above. The first year costs [the sum of Subsections
B(4)(a) through
(e) above] are multiplied by the factor of 13.96, the product of which is then added to the first-year maintenance cost to obtain the total developer contribution for detention basin maintenance. Said calculation provides for the Borough to receive sufficient funding for 10 years based upon an assumption of a 6% increase per year and 5.5% return on investment earnings added to the account. The cost for the maintenance by the Borough employees shall be based upon the amount of time services are performed and the unit (i.e., per diem or hourly fee) of the professional, expert, employee or staff in accordance with the contracts or as prescribed by the Salary Ordinance of the Borough of Rockaway.
[Added 12-8-2011 by Ord. No. 16-11]
A. The application
fee to obtain permission for soil disturbance shall be submitted with
the application as follows:
(1) For
less than 500 cubic yards of soil: $200 plus $0.10 per cubic yard.
(2) For
more than 500 cubic yards of soil: $500 plus $0.10 per cubic yard.
B. Prior
to issuance of a soil disturbance permit and approval of same by the
Borough Council or Borough Engineer, the applicant shall pay a permit
fee as per the following schedule:
Soil Movement
|
Fee
(per cubic yard)
|
Movement of soil within the same site
|
$0.10
|
Exportation of soil from the site
|
$0.25 (includes $0.10 for movement)
|
Importation of soil from location outside the site
|
$0.25 (includes $0.10 for movement)
|
C. The applicant
shall also be responsible for payment of engineering and legal review
and inspection fees and shall submit the following escrow fees at
the time the application is made:
(1) For
less than 500 cubic yards of soil: $500.
(2) For
more than 500 cubic yards of soil: $1,000.
D. Exemption
from fees. The Morris Hills Regional School District Board of Education
and the Rockaway Borough Board of Education may be exempt from the
requirements of soil disturbance and soil movement fees at the discretion
of and upon application to the Borough Council.