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:
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.
