[Added 12-8-2016 by Ord.
No. 2016-25[1]]
[1]
Editor's Note: This ordinance also repealed former Art. XXII,
Development Fees, added 10-7-2009 by Ord. No. 2009-26.
The following terms, as used in this article, shall have the
following meanings:
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% affordable development.
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.
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 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
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.
Any person, firm, corporation or public body that shall enter
into or propose to enter into a contract with the Township or other
redevelopment entity for the redevelopment or rehabilitation of an
area in need of redevelopment, or an area in need of rehabilitation,
or any part thereof, under the provisions of this article, or for
any construction or other work forming part of a redevelopment or
rehabilitation project.
Clearance, replanning, development and redevelopment; the
conservation and rehabilitation of any structure or improvement, the
construction and provision for construction of residential, commercial,
industrial, public or other structures and the grant or dedication
of spaces as may be appropriate or necessary in the interest of the
general welfare for streets, parks, playgrounds, or other public purposes,
including recreational and other facilities incidental or appurtenant
thereto, in accordance with a redevelopment plan.
A plan adopted by the governing body of a municipality for
the redevelopment or rehabilitation of all or any part of a redevelopment
area, or an area in need of rehabilitation, which plan shall be sufficiently
complete to indicate its relationship to definite municipal objectives
as to appropriate land uses, public transportation and utilities,
recreational and municipal facilities, and other public improvements;
and to indicate proposed land uses and building requirements in the
redevelopment area or area in need of rehabilitation, or both.
Any work or undertaking pursuant to a redevelopment plan;
such undertaking may include any buildings, land, including demolition,
clearance or removal of buildings from land, equipment, facilities,
or other real or personal properties which are necessary, convenient,
or desirable appurtenances, such as but not limited to streets, sewers,
utilities, parks, site preparation, landscaping, and administrative,
community, health, recreational, educational, and welfare facilities.
A.
Imposed fees.
(1)
Within all the zoning district(s), residential developers, except
for developers of the types of development specifically exempted below,
shall pay a fee of 1 1/2% of the equalized assessed value for
residential development, provided that no increased density is permitted.
(2)
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 1/2% 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.
B.
Eligible exactions, ineligible exactions and exemptions for residential
development.
(1)
The following shall be exempt from payment of the affordable
housing fee:
[Amended 5-9-2019 by Ord.
No. 2019-02]
(a)
Single-family dwellings (new construction) that are not part of a
subdivision approval.
(b)
Two-family dwellings (new construction) that are not part of a subdivision
approval.
(c)
Additions and improvements to an existing single-family dwelling.
(d)
Additions and improvements to an existing two-family dwelling.
(2)
Developments that have received preliminary or final site plan
approval prior to November 11, 2006, 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, 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)
Developers of residential structures demolished and replaced
as a result of a natural disaster shall be exempt from paying a development
fee.
(5)
A redeveloper (as defined by N.J.S.A. 40A:12A-3) within the
Downtown Redevelopment Area and Route 38/73/Lenola Road Redevelopment
Area shall be exempt from paying the residential portion of a permitted
commercial/residential mixed-use redevelopment project.
A.
Imposed fees.
(1)
Within all zoning districts, nonresidential 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 nonresidential construction on
an unimproved lot or lots.
(2)
Nonresidential 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 nonresidential 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 preexisting land and improvement and the equalized assessed
value of the newly improved structure, i.e., land and 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.
B.
Eligible exactions, ineligible exactions and exemptions for nonresidential
development.
(1)
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.
(2)
The fee of 2.5% shall not apply to an increase in equalized
assessed value resulting from alterations, change in use within existing
footprint, reconstruction, renovations and repairs.
(3)
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, Section 35b (N.J.S.A. 40:55D-8.4b),
as specified in the Form N-RDF, "State of New Jersey Nonresidential
Development Certification/Exemption." Any exemption claimed by a developer
shall be substantiated by that developer.
(4)
A developer of a nonresidential development exempted from the
nonresidential development fee pursuant to P.L. 2008, c. 46, Section
35b (N.J.S.A. 40:55D-8.4b), 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.
(5)
If a property which was exempted from the collection of a nonresidential
development fee, based on the property being tax exempt pursuant to
N.J.S.A. 54:4-3.6, thereafter ceases to be exempt from property taxation
within three years of the issuance of the certificate of occupancy
for the nonresidential development, 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 Maple
Shade Township 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 nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF, "State of New Jersey Nonresidential
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
Should Maple Shade Township 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).
I.
Appeal of development fees.
(1)
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 Maple Shade Township. 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.
(2)
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 Maple Shade Township.
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.
A.
There is hereby created a separate, interest-bearing housing trust
fund to be maintained by the 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.
B.
The following additional funds shall be deposited in the affordable
housing trust fund and shall at all times be identifiable by source
and amount:
(1)
Payments in lieu of on-site construction of affordable units;
(2)
Developer-contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached 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 Maple Shade's Affordable
Housing Program.
C.
Maple Shade Township shall provide the court with an agreement between
the Township and Columbia Bank permitting the Department of Community
Affairs or the court to authorize the disbursement of funds from the
trust fund account pursuant to N.J.S.A. 52:27D-329.1.
D.
All interest accrued in the housing trust fund shall only be used
on eligible affordable housing activities contained in a court-approved
spending plan.
A.
The expenditure of all funds shall conform to a court-approved spending
plan. Funds deposited in the housing trust fund may used for any activity
specified in the approved spending plan to address Maple Shade Township's
fair share obligation and may be set up as a grant or revolving loan
program. Such activities include, but are not limited to:
(1)
Preservation or purchase of housing for the purpose of maintaining
or implementing affordability controls;
(2)
Rehabilitation;
(3)
New construction of affordable housing units and related costs;
(4)
Accessory apartment;
(5)
Market-to-affordable, or regional housing partnership programs;
(6)
Conversion of existing nonresidential buildings to create new
affordable units;
(7)
Green building strategies designed to be cost saving and in
accordance with accepted national or state standards;
(8)
Purchase of land for affordable housing;
(9)
Improvement of land to be used for affordable housing;
(10)
Extensions or improvements of roads and infrastructure to affordable
housing sites;
(11)
Financial assistance designed to increase affordability;
(12)
Administration necessary for implementation of the Housing Element
and Fair Share Plan; or
(13)
Any other activity as permitted and specified in the court-approved
spending plan.
B.
Funds shall not be expended to reimburse Maple Shade Township for
past housing activities.
C.
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.
(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, and assistance with emergency repairs.
(2)
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. The use of development
fees in this manner may entitle the Township of Maple Shade to bonus
credits.
(3)
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.
D.
Maple Shade Township 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.
E.
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 any monitoring requirements imposed by court order.
Legal or other fees related to litigation opposing affordable housing
sites are not eligible uses of the affordable housing trust fund.
Maple Shade Township shall complete all monitoring forms included
in monitoring requirements related to the collection of development
fees from residential and nonresidential developers, payments in lieu
of constructing affordable units on site, funds from the sale of units
with extinguished controls, barrier-free escrow funds, rental income,
repayments from affordable housing program loans, and any other funds
collected in connection with Maple Shade Township's housing program,
as well as to the expenditure of revenues and implementation of the
plan certified by the court.
A.
The ability for Maple Shade Township to impose, collect and expend
development fees shall expire with its substantive certification unless
Maple Shade Township has filed an adopted Housing Element and Fair
Share Plan and has received court approval of its development fee
ordinance.
B.
If Maple Shade Township fails to renew its ability to impose and
collect development fees prior to the expiration of substantive certification,
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 section 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). Maple Shade
Township shall not impose a residential development fee on a development
that receives preliminary or final site plan approval after the expiration
of its substantive certification or judgment of compliance; nor shall
Maple Shade Township retroactively impose a development fee on such
a development. Maple Shade Township shall not expend development fees
after the expiration of its substantive certification or judgment
of compliance.