A. 
Establishment of fund. There is hereby established in the Township of Wayne an account known as the "Affordable Housing Trust Fund" or the "Housing Fund," which shall have as its primary purpose the support of low- and moderate-income housing in the Township of Wayne and the region in which it is included, in furtherance of the mandates of the Constitution of the State of New Jersey. The trustees of the Housing Fund shall be the Municipal Council of the Township of Wayne. Funds to be deposited in the Affordable Housing Trust Fund shall be paid to and deposited in the Housing Fund by the Township Treasurer.
B. 
General powers. The Municipal Council, acting as trustees of the fund, shall have the following powers:
(1) 
To appoint a person or organization to administer the fund on its behalf and at its direction.
(2) 
To use the money generated from the fund to:
(a) 
Transfer funds to other municipalities or other public entities in the region to provide for the regional housing needs through any method approved by the Court.
(b) 
Provide funds for costs of administering the fund.
(c) 
Provide funds for planning and administering any other method of advancing affordable housing approved by the Court.
C. 
The Housing Fund shall be the repository for all surplus funds in the event of foreclosure and upon the removal of affordability deed restriction covenants, regarding covenants and controls on sales and rentals, and in the event that a rental surcharge is ever permitted to be imposed.
D. 
The Housing Fund shall be the repository for all governmental moneys to be expended for the provision or rehabilitation of affordable housing, except where moneys are required by the funding source to be held in a separate account.
E. 
The Housing Fund shall be the repository for all funds derived from voluntary developer contributions pursuant to § 213-61 of this Code.
F. 
The Affordable Housing Board shall make recommendations to the governing body for disbursements from the fund in accordance with applicable affordable housing program requirements. No disbursements shall be made from the Housing Fund until the governing body shall have authorized such disbursements by resolution and shall have established appropriate guidelines and procedures for such disbursements.
G. 
Funds may be used to reimburse the Township for salaries and other expenditures connected with the execution of the Township's responsibilities to assist in the provision of affordable housing in accordance with Chapter 134, Land Development.
H. 
Termination of the Housing Fund. The Township may terminate the Housing Fund when it is no longer needed for low- and moderate-income purposes. At that time, any funds on hand not needed to retire outstanding debt or to pay outstanding bills shall be utilized by the Township for affordable housing purposes.
A. 
Establishment of fund. There is hereby established in the Township of Wayne an account known as the "Development Fee Trust Fund," which shall have as its primary purpose the support of low- and moderate-income housing in the Township of Wayne and the region in which it is included, in furtherance of the mandates of the Constitution of the State of New Jersey. The trustees of the fund shall be the Municipal Council of the Township of Wayne. Funds to be deposited in the Development Fee Trust Fund shall be paid to and deposited in said fund by the Township Treasurer.
B. 
General powers. The Municipal Council, acting as trustees of the Development Fee Trust Fund, shall have the following powers:
(1) 
To appoint a person or organization to administer the Development Fee Trust Fund on its behalf and at its direction.
(2) 
To use the money generated from said fund to:
(a) 
Transfer funds to other municipalities or other public entities in the region to provide for the regional housing needs through any method approved by the Court.
(b) 
Provide funds for costs of administering said fund.
(c) 
In accordance with COAH regulations, at least 30% of said funds shall be used to provide funds for planning and implementing any other method of advancing affordable housing approved by the Court, including but not limited to housing assistance, loans for purchases of affordable housing or direct appropriations to provide affordable housing.
(3) 
The expenditure of all funds shall be in conformance with a spending plan approved by the Court.
C. 
The Development Fee Trust Fund shall be the repository for all funds derived from fees generated pursuant to § 213-66 of the Wayne Code.
D. 
The Affordable Housing Board shall make recommendations to the governing body for disbursements from the Development Fee Trust Fund in accordance with applicable affordable housing program and court requirements. No disbursements shall be made from the Development Fee Trust Fund until the governing body shall have authorized such disbursements by resolution and shall have established appropriate guidelines and procedures for such disbursements.
E. 
Funds may be used to reimburse the Township for salaries and other expenditures connected with the execution of the Township's responsibilities to assist in the provision of affordable housing in accordance with the zoning regulations and this chapter, provided that no more than 20% of such funds collected in the said fund shall be used for administrative purposes.
F. 
Termination of the Development Fee Trust Fund. The Township may terminate the Development Fee Trust Fund when it is no longer needed for affordable housing purposes. At that time, any funds on hand not needed or encumbered for specific dedicated purposes shall be utilized by the Township for affordable housing purposes in conformance with the Court-approved spending plan.
A. 
This section shall provide the mechanism whereby a developer may provide a voluntary contribution toward the costs of low- or moderate-income housing construction and/or rehabilitation (affordable housing) in exchange for an increase in density or intensity of residential and/or commercial development in cases where there has been a consent order approved as a settlement of Mount Laurel litigation.
B. 
A density or intensity incentive in exchange for a voluntary contribution to fund affordable housing projects shall be available in the following districts:
(1) 
Mount Laurel Incentive District - 1 (MLID-1), Block 3207, Lot 12.
(2) 
Mount Laurel Incentive District - 1 (MLID-2), Block 3200, Lot 11.
(3) 
Mount Laurel Incentive District - 3 (MLID-3), Block 3517, Lot 49.
(4) 
Mount Laurel Incentive District - 4 (MLID-4), Block 3207, Lots 18 and 19.
C. 
Development of tracts zoned for Mount Laurel incentives shall be in accordance with the zoning standards established for each district as stipulated in Chapter 134, Land Development. In lieu of electing to develop such areas in accordance with such incentive densities or intensities, the owner and/or developer of property in an MLID Zone may elect to develop the property without benefit of the zoning incentive. In the event that any such district is developed without benefit of the zoning density or intensity incentives, the owner or developer shall not be obligated to provide any funding towards the costs of affordable housing.
D. 
Any approvals for development in accordance with Mount Laurel Incentive District zoning shall be subject to a nonseverable condition of compliance with the court orders which establish the right to enhanced zoning. This provision shall be nonseverable from this chapter.
A. 
Voluntary developer contributions for affordable housing shall be paid to the Township on the basis of the following schedule:
(1) 
For nonphased developments, 50% of the contribution shall be paid at the time of issuance of the building permit for the development. The remaining 50% shall be paid prior to the issuance of a certificate of occupancy.
(2) 
For phased developments, 50% of the contribution shall be paid upon issuance of the building permit. The remainder shall be paid on a pro rata basis prior to the issuance of each certificate of occupancy until all of the contribution is paid. The full amount of the contribution shall be paid in full prior to the issuance of any final remaining certificate of occupancy.
B. 
All funds paid to the Township pursuant to this section shall be deposited to the Affordable Housing Trust Fund.
C. 
Any contribution formula or payment schedule previously approved as part of a consent order pursuant to Mount Laurel settlements shall supersede this chapter to the extent of any inconsistency with the payment provisions stipulated herein.
D. 
The Township may, from time to time, amend the above terms and conditions to comply with the judgment of repose and the rules and regulations of the Council on Affordable Housing.
A. 
Except as provided in § 213-66I below, in any zoning district within the Township of Wayne, all new construction, including an expansion or intensification of use of an existing structure, shall be subject to a development fee payable to the Township of Wayne for affordable housing purposes.
[Ord. No. 55-2016; Ord. No. 28-2018]
B. 
Development fee formula.
[Ord. No. 55-2016]
Development fees where no increased density is permitted shall be based upon the following formulas:
(1) 
For residential development, the fee shall be equal to 1.5% of the equalized assessed value of the residential development.
[Ord. No. 28-2018]
(2) 
For nonresidential development, the fee shall be 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 or 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for non-residential purposes.
C. 
Zone changes and use variances.
(1) 
Zone change. Where there is a zoning change that permits increased residential development, an additional development fee equal to 6% of the equalized assessed value of each additional unit shall be paid to the Township. (For example, if a rezoning allowed two extra units to be built on a site originally permitting only one unit, the total development fee would equal 1/2 of 1% of the equalized assessed value for the first unit and 6% of the equalized assessed value for each of the additional two units.) In the event that the equalized assessed values of the units differ, the average equalized assessed value shall be used to calculate the mandatory and voluntary development fees.
(2) 
Use variance. If a "d" variance is granted, then the additional residential units realized (above what is permitted by right under the existing zoning) will incur a bonus development fee of 6% rather than the development fee of 1/2 of 1%. However, if the zoning on a site has changed during the two-year period, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two years preceding the filing of the "d" variance application.
D. 
Where specifically permitted by the Municipal Council by agreement and approved by the Court, the Township may allow owners or developers of sites zoned for inclusionary development to pay a fee in lieu of building low- and moderate-income housing. The fee may equal the cost of subsidizing the low- and moderate-income units that are replaced by the development fee. In such cases, the density permitted on the site shall be limited to that which equals the number of market-rate units which were to be built as part of an inclusionary development.
E. 
The Township may choose to enter into an agreement with an owner or developer of a residential development providing for development fees exceeding those required by this chapter, provided that a financial incentive (such as tax abatement) or some other off-setting incentive is offered by the Township in exchange for the voluntary development fee. All such agreements are subject to Court approval.
F. 
The Township may choose to enter into an agreement with an owner or developer of a nonresidential development providing for an increase in the density or intensity of use or providing some other financial incentive for such development in exchange for the payment of a development fee to the Township in excess of that specified in § 213-66B(2) above. All such agreements shall be subject to Court approval.
G. 
Development fees shall also be paid to the Township by the owners or developers of properties where an existing structure is expanded or undergoes a more intense use. Such fees shall be calculated on the increase in the equalized assessed value of the improved structure and shall be based on the applicable percentages for residential or nonresidential uses as outlined in § 213-66B above.
H. 
Development fees shall be calculated and collected in the following manner:
(1) 
Upon application for a building permit, the Construction Code Official shall forward such application and building plans to the Tax Assessor. The Tax Assessor shall estimate the approximate equalized assessed value of the development or added value in the case of expansions and calculate the estimated development fee based on the formulas specified above or contained in an agreement, as the case may be. If additional information is needed from the applicant in order to make such a determination, the applicant shall provide such additional information requested by the Tax Assessor.
(2) 
At the time of issuance of the building permit, one-half of the estimated development fee shall be paid to the Township Treasurer, who shall provide a receipt to the applicant and deposit such funds into the Development Fee Trust Fund.
(3) 
Upon completion and application for a certificate of occupancy, the Tax Assessor shall make a final determination of the equalized assessed value of the development and calculate the total fee due to the Township. Prior to the issuance of any certificate of occupancy for the development, the owner or developer shall pay the remaining balance due so that 100% of the development fee shall have been paid. The remaining balance shall be paid to the Township Treasurer who shall deposit such funds into the Development Fee Trust Fund.
I. 
The following developments shall be exempt from the provisions of this section and shall not be required to pay development fees to the Township:
(1) 
Any inclusionary residential development which contains a percentage of units affordable to low- and moderate-income households and which otherwise complies with this chapter in all other respects and which is not subject to an agreement as set forth in § 213-66D above.
(2) 
Developments which are subject to an agreement, settlement or consent order approved by the Superior Court of New Jersey prior to the effective date of this chapter.
(3) 
Developments which receive preliminary or final approval prior to the effective date of this chapter, except where the applicant seeks a substantial change in said development approval.
(4) 
Developments which are sponsored by the Township of Wayne, County of Passaic, State of New Jersey, or United States government shall be exempt from development fees.
(5) 
Developments on properties which are classified for property tax purposes as "exempt" shall be exempt from the payment of development fees unless the development is the subject of an agreement as previously specified hereinabove. In the event that such property or any development built thereon is transferred to an owner which would terminate such exempt status, the provisions of this section shall apply and all fees owed to the Township based on the applicable formulas shall be paid prior to the issuance of any certificate of occupancy.
J. 
The Affordable Housing Board shall provide monitoring reports in such form as the Court may require at such intervals as the Court may require which detail the collection of and expenditure of revenues derived from development fees. For these purposes, the Township Treasurer and Township Auditor shall provide any assistance necessary to the Board so as to maintain a complete and full accounting of all such revenues consistent with Court requirements and the Township's Housing Element and Fair Share Compliance Plan.
K. 
In the event that the Court finds that Wayne Township has failed to meet Court requirements concerning the judgment of repose, failed to submit accurate Development Fee Trust Fund monitoring reports as required by the Court, or failed to implement the plan or to spend fees within the purposes or time limits imposed by the Court, the Court or its designated entity is authorized to direct the manner in which all development fees collected pursuant to this chapter shall be expended.
L. 
This chapter shall expire if the Court fails to award a judgment of repose to Wayne Township, if the Court revokes its judgment of repose or its approval of §§ 213-55 and 213-66 of this Code, or if the Judgment of Repose expires prior to Wayne Township requesting reapproval of the ordinance and spending plan from the Court or the Council on Affordable Housing.