[Added 4-13-1993 by Ord. No. 354-2C-93]
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 Council, Township of Brick.
A.
AFFORDABLE
COAH
EQUALIZED ASSESSED VALUATION
INCLUSIONARY DEVELOPMENT
JUDGMENT OF REPOSE
MANDATORY DEVELOPMENT FEE
MANDATORY FEE ORDINANCE
The following words used in this article are intended
to have the same meanings 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. 5:92-1.3, including but not limited to the following:
A sales price or rent within the means of a low- or moderate-income
household, as defined in N.J.A.C. 5:92-12.
The New Jersey Council on Affordable Housing established
under the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.) and which
has primary jurisdiction for the administration of housing obligations
in accordance with sound regional planning considerations in the state.
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 building permits may be
obtained by the Tax Assessor utilizing estimates for construction
costs. Actual 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 judgment issued by the Superior Court approving a municipality's
plan to satisfy its fair share obligation.
A fee paid pursuant to a mandatory fee ordinance.
An ordinance which prohibits development pursuant to an existing permitted use in the Part 2, Zoning, of this chapter without compelling the affected developer to contribute moneys to the municipality's Affordable Housing Trust Fund.
[Amended 4-19-2005 by Ord. No. 354-2E-05]
A.
In accordance with N.J.A.C. 5:94-6.6(a) and (b) of COAH's "Substantive Rules," all new development of residential dwelling units within the Township of Brick, not exempt from the collection of development fees in accordance with the provisions specified in § 245-71 of this article, shall pay to Brick Township 1% of either the equalized assessed value of each housing unit, the coverage amount of the homeowner warranty document of a for-sale unit, or the appraised value on the document utilized for construction financing for a rental unit, provided that no increased density is permitted.
B.
In the event that an increase in residential density
is permitted pursuant to N.J.S.A. 40:55D-70d(5) [known as a "d" variance],
the fee shall increase to 6% of either the equalized assessed value
for each additional unit that is realized, the coverage amount on
the homeowner warranty document for each additional for-sale unit,
or the appraised value on the document utilized for construction financing
for each additional rental unit. However, if the zoning on a site
has changed during the two-year period preceding the filing of such
a variance application, the 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.
[Amended 4-19-2005 by Ord. No. 354-2E-05]
A.
In accordance with N.J.A.C. 5:94-6.7(a) and (b) of COAH's "Substantive Rules," all new development of nonresidential buildings and structures, not exempt from the collection of development fees in accordance with the provisions specified in § 245-71 of this article, shall pay a fee to Brick Township of 2% of either the equalized assessed value for nonresidential development or the appraised value on the document utilized for construction financing.
B.
In the event that an increase in floor area is permitted
pursuant to N.J.S.A. 40:55D-70d(4) [known as a "d" variance], the
fee shall increase to 6% on the additional floor area 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 floor area for
the purposes of calculating the bonus development fee shall be the
highest floor area permitted by right during the two-year period preceding
the filing of the variance application.
A.
Fifty percent of the total mandatory development fee
owed to Brick 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:
(1)
For residential developments, the fifty-percent 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 Brick Township Tax Assessor.
(2)
For nonresidential developments, the fifty-percent
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 Brick Township
Tax Assessor.
B.
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 Brick Township Tax Assessor.
C.
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 fifty-percent
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 fifty-percent payment as
determined by the Brick Township Tax Assessor.
A.
Inclusionary developments, as defined herein, are
exempt from development fees.
B.
Developments that have received preliminary or final
approval, prior to the effective date of this article, are exempt
from development fees during the effective period of said approval,
unless the developer seeks a substantial change in the approvals granted.
C.
Developers of low- and moderate-income units shall
be exempt from paying development fees.
[Amended 3-22-1994 by Ord. No. 354-2A-94]
D.
Development that expands an existing structure shall
pay a development fee. The development fee shall be calculated based
on the increase in the equalized assessed value of the improved structure.
E.
All federal, state, county and municipal public bodies
or any agencies created by them shall be exempt from the payment of
development fees otherwise required by this article requiring the
payment of development fees.
[Added 5-28-1996 by Ord. No. 354-2E-96]
A.
All mandatory development fees collected pursuant
to this article shall be deposited in an interest-bearing escrow account
entitled the "Affordable Housing Trust Fund Mandatory Fee Account."
B.
In establishing a bank account for the Housing Trust
Fund, the Township shall provide whatever express written authorization
may be required by the bank to permit COAH to direct the disbursement
of revenues from the account. If the Council on Affordable Housing
determines that Brick Township's spending is not in conformance with
COAH's rules on development fees, COAH is authorized to direct the
manner in which all development fees collected pursuant to this article
shall be expended.
[Amended 3-22-1994 by Ord. No. 354-2A-94]
A.
Money deposited in the Housing Trust Fund may be used
for any activity approved by COAH 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 road 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
spending plan approved by COAH.
[Amended 3-22-1994 by Ord. No. 354-2A-94]
B.
Unless specifically waived, not less than 30% of the
revenues collected from development fees collected pursuant to this
article shall be devoted to rendering existing units more affordable
to low- and moderate-income households by funding such activities
as downpayment assistance, low-interest loans and rental assistance.
C.
More than 20% of the revenues collected from development
fees collected pursuant to this article shall be devoted to administrative
expenses incurred by the Township in addressing its fair share obligation.
D.
Funds shall not be expended to reimburse the Township
for past housing activities.
[Added 3-22-1994 by Ord. No. 354-2A-94]
[Added 3-22-1994 by Ord. No. 354-2A-94; amended 4-19-2005 by Ord. No. 354-2E-05]
This article shall expire if:
