Township of Cedar Grove, NJ
Essex County
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Table of Contents
Table of Contents
A. 
Meetings of both the Planning Board and Zoning Board of Adjustment shall be public and shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
B. 
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which meetings shall be held on notice to its members and the public in accordance with all applicable legal requirements.
C. 
No action shall be taken at any meeting without a quorum being present.
D. 
All action shall be taken by majority vote of a quorum except as otherwise required by any provision of this chapter or N.J.S.A. 40:55D-1 et seq.
E. 
Meetings shall be designated as executive sessions, regular meetings or special meetings. Executive sessions shall be for the purpose of discussing and studying any matters that come before the Board. All meetings shall be subject to the requirements of the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.).
Minutes of every executive session, regular meeting and special meeting shall be kept, showing the time and place of the meeting, the members present, the subjects considered, the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the actions taken by the Board, the findings, if any, made by the Board and reasons therefor and the vote of each member. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Planning and Zoning Coordinator. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party shall be charged a fee established by the Township Council for reproduction of the minutes for his use.
[Amended 5-21-1984 by Ord. No. 84-219]
A. 
The following schedule of fees is hereby established for the filing of applications or appeals, as the case may be, before the Planning Board, Zoning Board of Adjustment or Township Council:
(1) 
Preliminary major subdivision:
(a) 
Base fee: $500.
[Amended 11-7-1988 by Ord. No. 88-326]
(b) 
Plus each additional lot: $50.
(2) 
Final major subdivision:
[Amended 11-7-1988 by Ord. No. 88-326]
(a) 
Base fee: $250.
(b) 
Plus each additional lot: $50.
(3) 
Minor subdivision:
(a) 
Base fee: $200.
[Amended 11-7-1988 by Ord. No. 88-326]
(b) 
Plus each additional lot: $50.
(4) 
Site plan:
(a) 
Multifamily, major:
[Amended 6-4-1984 by Ord. No. 84-220; 4-2-2001 by Ord. No. 01-556]
[1] 
For the first acre: $500.
[2] 
Plus each additional acre or fraction thereof: $75.
[3] 
Plus each unit: $50
(b) 
Multifamily, minor:
[Amended 6-4-1984 by Ord. No. 84-220; 4-2-2001 by Ord. No. 01-556]
[1] 
Base application: $250.
[2] 
Plus each additional unit: $50.
[3] 
Plus each unit: $50.
(c) 
Other than multifamily, new:
[1] 
For the first acre: $500.
[2] 
Plus each additional acre or fraction thereof: $75.
[3] 
Plus total floor area, per square foot: $0.05.
[Amended 6-4-1984 by Ord. No. 84-220]
(d) 
Other than multifamily, additions:
[1] 
Base fee: $250.
[2] 
Plus total floor area, per square foot: $0.05.
[Amended 6-4-1984 by Ord. No. 84-220]
(5) 
A variance pursuant to N.J.S.A. 40:55D-70c in connection with a one- or two-family detached dwelling:
[Amended 11-7-1988 by Ord. No. 88-326; 4-2-2001 by Ord. No. 01-556]
(a) 
For the first variance application: $100.
(b) 
For each additional variance application: $15.
(6) 
A variance pursuant to N.J.S.A. 40:55D-70c in all cases other than Subsection A(5) above:
[Amended 11-7-1988 by Ord. No. 88-326; 4-2-2001 by Ord. No. 01-556]
(a) 
For the first variance application: $300.
(b) 
For each additional variance application: $50.
(7) 
A variance pursuant to N.J.S.A. 40:55D-70d:
[Amended 11-7-1988 by Ord. No. 88-326; 4-2-2001 by Ord. No. 01-556]
(a) 
For one- and two-family dwellings: $350.
(b) 
For all other structures: $1,000.
(8) 
Conditional use: $500.
[Amended 11-7-1988 by Ord. No. 88-326]
(9) 
An appeal pursuant to N.J.S.A. 40:55D-70a: $75.
(10) 
A request for interpretation pursuant to N.J.S.A. 40:55D-70b: $75.
(11) 
An appeal to the Township Council from a decision of municipal agency: $75.
B. 
In the event of an application involving a combination of two or more of the above applications, the fee shall be computed by totaling the sum of the fees required in connection with each type of application required.
C. 
The aforesaid fees shall be paid at the time the application is made for review to the administrative officer of the Township of Cedar Grove, and checks shall be made payable to the Township of Cedar Grove.
D. 
In the event that the applicant requests a special meeting and the request is granted by the Board, the applicant shall pay an additional fee for each such meeting in the amount of $250. Such fee must be paid no later than 10 days before the scheduled special meeting.
[Added 3-4-1991 by Ord. No. 91-378]
[Added 3-4-1991 by Ord. No. 91-378]
A. 
In connection with any application to the Planning Board or Zoning Board of Adjustment, in addition to the application fee, an applicant shall deposit a cash escrow with the Board at the time of filing of an application. The escrow shall be paid to the Township of Cedar Grove and used by the municipality to pay for expenses incurred in connection with any review of the application, including the following:
(1) 
Professional services by outside consultants and/or the Township’s professional staff retained to conduct a review or report and/or testify in connection with the application.
[Amended 6-4-2007 by Ord. No. 07-678]
(2) 
Attorney's fees incurred in connection with time spent in preparation of written reports and opinions and preparation of resolutions. The escrow shall not be used to pay for normal preparation for meetings or attendance at meetings which are compensated through the attorney's meeting stipend or retainer.
B. 
Initial escrow.
(1) 
The initial amount of escrow to be posted shall be as follows:
(a) 
Minor subdivision: $1,000.
(b) 
Preliminary major subdivision: $750 per lot; minimum $3,000.
(c) 
Final major subdivision: $500 per lot; minimum $2,000.
(d) 
Preliminary site plan: $250 for each 1,000 square feet or part thereof of floor area for commercial or industrial uses; $350 per dwelling unit for residential uses. The minimum fee shall be $3,000 for a major site plan, or $1,000 for a minor site plan.
[Amended 4-2-2001 by Ord. No. 01-556]
(e) 
Final site plan: $125 for each 1,000 square feet of floor area or part thereof for commercial or industrial uses; $75 per dwelling unit for residential uses; minimum for any use $2,000.
(f) 
Informal review pursuant to N.J.S.A. 40:55D-10.1: $1,000.
(g) 
Conditional use: $5,000.
(h) 
Appeal pursuant to N.J.S.A. 40:55D-70a: $1,000.
(i) 
Interpretation or special question pursuant to N.J.S.A. 40:55D-70b: $1,000.
(j) 
C variance (each variance): $1,000, except for detached one- or two-dwelling unit uses.
(k) 
D variance:
[Amended 4-2-2001 by Ord. No. 01-556]
[1] 
For one- and two-family dwellings: $1,000.
[2] 
For all other structures: $7,500.
(2) 
Where an application to a Board involves more than one of the above-listed matters, the escrow shall be computed by addition of all appropriate escrow amounts.
C. 
Within 45 days after the filing of an application for development, the Planning Board or Zoning Board of Adjustment shall have the power, after receipt of a recommendation from the Director of Community Development, to determine whether the escrow amount set forth in Subsection B above is adequate based upon the anticipated complexity of issues to be presented or the number of professionals necessary to be retained. In the event that the Board determines that the initial escrow may be insufficient, then and in that event, the Board may adopt a resolution requiring payment of a specific supplemental amount of escrow. Such supplemental escrow shall be paid by the applicant prior to the first scheduled date for hearing on the application. Failure to pay the supplemental escrow shall result in a denial of the application.
[Added 3-4-1991 by Ord. No. 91-378]
Subsequent to an approval of a final major subdivision or final site plan and prior to any land disturbance taking place on the site, the developer shall deposit with the municipality a post-approval cash escrow in an amount equal to 5% of the anticipated cost of the installation of the proposed improvements, as agreed to by the Township, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyors' monuments, water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping. The escrow shall be used by the municipality for payment of all fees and costs incurred by the municipality in connection with the post-approval review process, including the following:
A. 
Professional fees incurred by outside consultants and/or the Township’s professional staff in connection with inspection of the various improvements, together with any reports or information which may be requested by the municipality from those professionals.
[Amended 6-4-2007 by Ord. No. 07-678]
B. 
Attorneys' fees incurred in preparation of a developer's agreement, opinions and reports obtained during the course of the development and resolutions and other documents in connection with sureties, acceptance of public improvements and other matters directly related to the development.
[Added 3-4-1991 by Ord. No. 91-378; amended 4-2-2001 by Ord. No. 01-556]
A. 
The municipality shall make all of the payments for the fees and costs to be charged against any initial, supplemental or post-approval escrow. All payments charged to the escrow shall be made pursuant to vouchers stating the hours spent, the hourly rate and the expenses incurred. All unexpended sums shall be returned to the applicant or developer that posted the escrow after all final charges are incurred. Charges to any such escrow shall be made at the same rate as all other work of the same nature charged by the professional to the municipality. Prior to payment being authorized by the Township Council, vouchers for services incurred by the Board shall be subject to review and recommendation by the Board. Upon return of the balance of either the initial or supplemental escrow or the post-approval escrow, the municipality shall render a written final accounting to the applicant or developer, as appropriate, indicating the uses to which the deposit was put.
B. 
If at any time expenditures from an escrow account cause the account balance to diminish to less than 25% of the initial deposit, that escrow account shall be replenished to its full original balance. The procedure to obtain these replenished escrow contributions shall be consistent with this ordinance and the Municipal Land Use Law.
A. 
Necessity. The Planning Board and Zoning Board of Adjustment shall hold a hearing on each application for development, or adoption, revision or amendment of the Master Plan.
B. 
Rules. The Planning Board and Zoning Board of Adjustment may make rules governing the conduct of hearings before such Boards, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the Planning and Zoning Coordinator. The applicant may produce other documents, records or testimony at the hearing to substantiate, clarify or supplement the previously filed maps and documents.
C. 
Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law (N.J.S.A. 2A:67A-1 et seq.) shall apply.
D. 
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
E. 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
F. 
Records.
(1) 
Each Board shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request made, in writing, to any interested party at his expense.
(2) 
In the event that a hearing is started but not concluded at the same meeting, the applicant, at its cost and expense, shall provide to the Board three copies of a transcript of such hearing. The transcript shall be prepared and submitted to the Board at least 10 days prior to the scheduled continuation of the hearing.
[Added 3-4-1991 by Ord. No. 91-378]
Whenever a hearing is required on an application for development pursuant to § 38-27A, notice thereof shall be given as follows:
A. 
Notice shall state the date, time and place of the hearing; the nature of the matters to be considered; an identification of the property proposed for development by street address, if any, and by reference to lot and block numbers as shown on the current Township Tax Map; and the location and times at which any maps and documents for which approval is sought are available for inspection pursuant to § 38-27B.
B. 
The applicant shall cause notice of the hearing to be given by publication in the official newspaper of the Township at least 10 days prior to the date of the hearing. Proof of such publication shall be supplied by the applicant to the Planning and Zoning Coordinator prior to the hearing date.
[Amended 6-16-1986 by Ord. No. 86-272]
C. 
The applicant shall cause notice to be given to the owners of all real property, as shown on the current Township Tax Map, located within 200 feet in all directions of the property which is the subject of the hearing. Such notice shall be given by serving a copy thereof on the owner as shown on the said current Township Tax Map or his agent in charge of the property, or by mailing a copy thereof by certified mail to the property owner at his address shown on the said current Township Tax Map. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
D. 
The applicant shall cause notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality to be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection C herein to the owners of land in such adjoining municipality which are located within 200 feet of the subject premises.
E. 
The applicant shall cause notice to be given by personal service or certified mail to the County Planning Board of a hearing of any application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situate within 200 feet of a municipal boundary.
F. 
The applicant shall cause notice to be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
G. 
The applicant shall cause notice to be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Planning and Zoning Coordinator pursuant to § 38-27B.
H. 
All notices hereinabove specified in this section to be given by the applicant shall be given at least 10 days prior to the date fixed for the hearing, and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
I. 
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
The Planning Board shall give public notice of a hearing on adoption, revision or amendment of the Master Plan as follows:
A. 
Notice shall be given by publication in the official newspaper of the Township at least 10 days prior to the date of the hearing.
B. 
Notice shall be given by personal service or certified mail to the Clerk of an adjoining municipality of all hearings on adoption, revision or amendment of a Master Plan involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.
C. 
Notice shall be given by personal service or certified mail to the County Planning Board of all hearings on the adoption, revision or amendment of the Master Plan at least 10 days prior to the hearing, and such notice shall include a copy of any proposed Master Plan, or any revision or amendment thereto, and the adoption, revision or amendment of the Master Plan not more than 30 days after the date of such adoption, revision or amendment, and such notice shall include a copy of the Master Plan or revision or amendment thereto.
D. 
The form of notice shall be the same as that required in § 38-28A.
E. 
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Planning and Zoning Coordinator of the Township shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10 make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to § 38-28C.
A. 
Each decision on any application for development shall be in writing and shall include findings of facts and conclusions based thereon.
B. 
A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant, or if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it in writing and who have paid the fee prescribed by the Township Council. A copy of the decision shall also be filed in the office of the Planning and Zoning Coordinator, who shall make the decision available for public inspection at his office during reasonable hours.
C. 
A brief notice of the decision shall be published in the official newspaper of the Township. The Planning and Zoning Coordinator shall cause the notice to be published, shall charge the applicant the fee prescribed by the Township Council and shall provide the applicant with proof of publication.
A. 
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development submitted to the Planning Board or to the Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provisions for the payment thereof in such manner that the Township will be adequately protected.
B. 
In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Board shall process such application for development in accordance with this chapter and Township development regulations; and, if such application for development complies with Township development regulations and this chapter, the Board shall approve such application conditioned on removal of such legal barrier to development.
C. 
In the event that development proposed by an application for development requires an approval by a governmental agency other than the Board, the Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the Board shall make a decision on any application for development within the time period provided in the development regulations of the Township, including this chapter, or within an extension of such period as may be agreed to by the applicant, unless the Board is prevented or relieved from so acting by operation of law.
[Added 2-3-1992 by Ord. No. 92-395]
Subsequent to every final approval of a development application and prior to any land disturbance or construction on the property which is the subject of such development application, the developer shall enter into a developer's agreement with the Township. The Township Council shall have the power to waive the requirement of a developer's agreement, by resolution, in the event that it determines the matter is of such a nature that an agreement is not necessary for purposes of enforcement of the decision of the municipal agency and the protection of the public health, safety or welfare. In the event that a developer seeks a final approval in phases, each such approval shall require a developer's agreement in accordance with this section. Notwithstanding the requirement of this section, no developer's agreement shall be required in connection with a "C" variance for a one- or two-family home which does not involve any subdivision, site plan or conditional use application.
[Added 6-21-2004 by Ord. No. 04-610]
A. 
Purpose. 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, N.J.S.A. 52:27d-301 et seq., and the State Constitution subject to the Council on Affordable Housing's (COAH) adoption of rules. The purpose of this section is to establish standards for the collection, maintenance and expenditure of development fees pursuant to COAH's rules. Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate-income housing. This section shall be interpreted within the framework of COAH's rules on development fees.
B. 
Definitions. For purposes of this section and consistent with all Township of Cedar Grove ordinances relating to the Township of Cedar Grove housing element and fair share housing plan, the following definitions shall apply:
COAH
The New Jersey Council on Affordable Housing.
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
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
DEVELOPMENT FEES
Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:94-6.
[Amended 4-17-2006 by Ord. No. 06-641]
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current state equalization ratio for the municipality. Estimates at the time of building permit may be obtained by the Tax Assessor utilizing estimates for construction cost. Final equalized assessed value shall be determined at project completion by the Municipal Assessor.
[Amended 4-17-2006 by Ord. No. 06-641]
HOUSING UNIT
A house, apartment, room or group of rooms occupied or intended to be occupied by a household living independently of other households. The term shall also mean and include a unit occupied or intended to be occupied by a household in an alternative living arrangement.
[Amended 4-17-2006 by Ord. No. 06-641]
JUDGMENT OF REPOSE
A judgment issued by the Superior Court approving a municipality's plan to satisfy its fair share obligation.
SUBSTANTIVE CERTIFICATION
A determination by COAH approving a municipality's Housing Element and Fair Share Plan in accordance with the provisions of the Fair Housing Act and the rules and criteria set forth by COAH. A grant of substantive certification shall run for a period of 10 years beginning on the date that a municipality files a Housing Element and Fair Share Plan with the Council in accordance with N.J.S.A. 52:27D-313, but shall not extend beyond a period of 10 years from December 20, 2005.
[Amended 4-17-2006 by Ord. No. 06-641]
C. 
Residential development fees.
[Amended 4-17-2006 by Ord. No. 06-641]
(1) 
Developers shall pay a development fee of 1% of the equalized assessed value for development of any new residential housing unit or units in any zoning district in the Township, provided no increased density is permitted. If a "d" variance is granted pursuant to N.J.S.A. 40:55D-70d(1) to permit construction of a residential unit or units in a district restricted against such use, this provision shall apply equally to the new unit(s).
(2) 
The fee shall be realized on the equalized assessed value for each unit, whether units are for sale or for rent.
(3) 
If a "d" variance is granted for density pursuant to N.J.S.A. 40:55D-70d(5), 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%. However, if the zoning on a site has changed during the two-year period preceding the filing of the "d" 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 "d" variance application. The fee shall be based on the equalized assessed value for each unit, whether units are for sale or for rent.
D. 
Nonresidential development fees.
[Amended 4-17-2006 by Ord. No. 06-641]
(1) 
For nonresidential development in any zoning district within the Township, developers shall pay a fee of 2% of the equalized assessed value. If a "d" variance is granted to permit nonresidential development in district restricted against such use, this provision shall apply equally to the nonresidential construction. The fee shall be based on the equalized assessed value whether the development is intended for owner-occupancy, for sale or for rent.
(2) 
Where an existing nonresidential structure in any zoning district is expanded, the development fee shall be calculated on the increase in the equalized assessed value of the improved structure.
(3) 
If a "d" variance is granted for floor area pursuant to N.J.S.A 40:55D-70d(4), then the additional nonresidential floor area 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 2%. However, if the zoning on a site has changed during the two-year period preceding the filing of the "d" variance application, the floor area for the purposes of calculating the bonus development fee shall be the highest permitted by right during the two-year period preceding the filing of the "d" variance application. The development fee shall be based on the equalized assessed value of the nonresidential development.
E. 
Eligible exaction, ineligible exaction and exemptions.
(1) 
Developers of sites zoned for inclusionary development shall be exempt from development fees.
(2) 
Developers of low- and moderate-income housing units outside of any area zoned for inclusionary development shall be exempt from paying development fees for such units, provided said units are fully compliant with all COAH regulations, inclusive of those governing construction, occupancy, affordability controls, and affirmative marketing.
(3) 
Developers that have received preliminary or final approval prior to the effective date of this section shall be exempt from paying a development fee unless the developer seeks a substantial change in the approval. Such exemption shall expire at the time of expiration of the applicable period of statutory protections provided pursuant to the New Jersey Municipal Land Use Law (N.J.S. 40:55D-1 et seq.).
(4) 
Developers of additions or improvements to existing residential housing units shall be exempt from paying a development fee.
(5) 
Developers of land, buildings, outbuildings and/or other structures dedicated to any public park, playground, school, library, museum, fire or emergency rescue service or any municipal facility shall be exempt from paying a development fee.
(6) 
Developers of land, buildings, accessory buildings and/or other structures dedicated to a house of worship shall be exempt from paying a development fee.
F. 
Developers shall pay 50% of the calculated development fee to the Township of Cedar Grove at the time of issuance of building permits. The remaining 50% shall be paid at the issuance of certificate(s) of occupancy.
[Amended 4-17-2006 by Ord. No. 06-641]
G. 
Housing trust fund.
(1) 
There is hereby created an interest-bearing housing trust fund in the State Street Bank and Trust, Co. (State of New Jersey Cash Management Fund, Morgan Stanley Trust Custodian) for the purpose of receiving development fees from residential and nonresidential developers in the Township of Cedar Grove. All development fees paid by developers pursuant to this section shall be deposited in this fund. No money shall be expended from the housing trust fund unless the expenditure conforms to a spending plan approved by COAH.
(2) 
If COAH determines that the Township of Cedar Grove 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 section shall be expended. Such authorization is pursuant to this section, COAH's rules on development fees and written authorization from the governing body to the State Street Bank and Trust, Co. (State of New Jersey Cash Management Fund, Morgan Stanley Trust Custodian).
H. 
Use of funds.
(1) 
Money deposited in the housing trust fund may be used for any activity approved by COAH for addressing the Township of Cedar Grove'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 roads and infrastructure to low- and moderate-income housing sites, assistance designed to render units more affordable to low- and moderate-income households and administrative costs necessary to implement the Township of Cedar Grove's housing element. The expenditure of all money shall conform to a spending plan approved by COAH.
(2) 
At least 30% of the revenues collected shall be devoted to render units more affordable. Examples of such activities include, but are not limited to, down payment and closing cost assistance, low-interest loans and rental assistance. This provision shall not apply in the case of development fees collected to finance an RCA, a rehabilitation program, a new construction project or unless otherwise exempt as per N.J.A.C. 5:93-8-16(c).
(3) 
No more than 20% of the revenues shall be expended on administrative costs necessary to develop, revise or implement the housing element. Examples of eligible administrative activities include personnel, consultant services, space costs, consumable supplies and rental or purchase of equipment directly associated with plan development or plan implementation.
I. 
Expiration of Ordinance. This section shall expire if COAH dismisses or denies Cedar Grove's petition for substantive certification, if substantive certification expires prior to Cedar Grove receiving COAH's approval of this section or if COAH revokes Cedar Grove's substantive certification or this section.