This article may be known and may be cited and
referred to as the "Fee Ordinance of the Borough of Dumont."
As used in this article, the following terms
shall have the meanings indicated:
BUILDING AREA
For the purposes of the establishment of a fee pursuant to
this article, the gross area of all floors and usable spaces.
ESCROW ACCOUNT
Moneys held by the Borough Treasurer or Borough Clerk pursuant
to the provisions of this article when received from an applicant
for development.
FEE
Moneys received by the administrative officer in the form
of cash, cashier's check, certified check or check as acceptable to
the administrative officer, made out to the Borough of Dumont as required
by this article.
FEE, APPLICATION
That portion of the moneys paid by an applicant for development
to the administrative officer pursuant to this article, which amount
shall be used to offset the costs incurred by the municipality or
approving authority in the handling of the application.
FEE, INSPECTION
The fee charged by the municipality or approving authority
for inspection of off- or on-tract improvements by the professional
consultants or staff professionals of such municipality or approving
authority.
FEE, REVIEW
A fee charged by the municipality or approving authority
for its review of an application for development by its professional
consultants or staff professionals.
PROFESSIONAL
An individual or firm which has an expert or special knowledge,
and includes but is not limited to an engineer, planner, lawyer, landscape
architect, traffic consultant or environmentalist.
PROFESSIONAL CONSULTANT
A professional retained by the municipality or approving
authority pursuant to special contract or resolution.
PROFESSIONAL STAFF
A professional retained by the municipality or approving
authority pursuant to its regular reorganization procedure and who
is compensated by the municipality or approving authority on a regular
basis. A Borough Attorney and Borough Engineer shall be considered
to be part of the "professional staff" for the purposes of this article.
The purpose of this article is to reasonably
impose fees to cover the costs incurred by the approving authority
and/or the municipality for the administration, processing and reviewing
of applications for development, hearing their appeals and inspecting
the improvement as provided for by N.J.S.A. 40D:55D-8 and 40:55D-53.
All regular and special meetings shall be recorded
electronically. Any interested party may request a certified transcript
at his own cost and expense.
The municipal authority shall provide for publication
of any of its decisions, and the applicant shall pay for the cost
of same pursuant to the provisions of N.J.S.A. 40:55D-12.
An appeal to the governing body of any decision
of the municipal approving authority shall be accompanied by the application
and appeal fee, and the person making the appeal shall furnish the
governing body with 10 copies of the transcript of the proceedings
below, together with 10 copies of the documents and exhibits, all
at the sole cost and expense of the appellant. Said transcript and
documents shall be filed with the governing body at least seven days
prior to a scheduled hearing on appeal.
Any interested party may obtain a copy of a
decision of the governing body on an appeal on payment of the prescribed
fee. The appellant shall be mailed a copy of the decision without
charge.
In any case in which the appellant requests
the Joint Land Use Board to use its ancillary powers pursuant to N.J.S.A.
40:55D-60, the application shall be accompanied by the fees which
would be charged by the Joint Land Use Board. Such fees shall be in
addition to the fees provided for the principal relief requested in
the application.
[Added 12-1-2015 by Ord.
No. 1495]
A. Purpose.
(1)
In Holmdel Builder's Association 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 (the
Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject
to the Council on Affordable Housing's (COAH's) adoption of rules.
(2)
Pursuant to C. 46, P.L. 2008, Section 8 (N.J.S.A. 52:27D-329.2)
and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1
through 40:55D-8.7), COAH is authorized to adopt and promulgate regulations
necessary for the establishment, implementation, review, monitoring
and enforcement of municipal affordable housing trust funds and corresponding
spending plans. Municipalities that are under the jurisdiction of
the Council or court of competent jurisdiction and have a COAH-approved
spending plan may retain fees collected from nonresidential development.
(3)
Pursuant to the Executive Reorganization Act of 1969, C. 203,
P.L. 1969 (N.J.S.A. 52:14C-1 et seq.), the Governor abolished COAH
and transferred all functions, powers, and duties to the Commissioner
of the Department of Community Affairs, effective August 29, 2011.
Any and all references to COAH shall mean the Department of Community
Affairs (the Department).
(4)
This section establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to the Department's regulations
and in accordance C. 46, P.L. 2008, Sections 8 and 32 through 38.
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 the Department's rules
on development fees, codified at N.J.A.C. 5:97-8.
B. Basic requirements.
(1)
This section shall not be effective until approved by the Department
pursuant to N.J.A.C. 5:96-5.1.
(2)
The Borough of Dumont shall not spend development fees until
the Department has approved a plan for spending such fees in conformance
with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.
C. Definitions. The following terms, as used in this section, shall
have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
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 one-hundred-percent affordable
development.
COAH or THE COUNCIL
The New Jersey Council on Affordable Housing established
under the Fair Housing Act which previously had primary jurisdiction
for the administration of housing obligations in accordance with sound
regional planning consideration in the state. Pursuant to the opinion
and order of the New Jersey Supreme Court dated March 10, 2015, in
the matter of "In re Adoption of N.J.A.C. 5:96 and 5:97 by N.J. Council
on Affordable Housing (M-392-14) 067126," any reference to COAH or
the Council shall be understood to refer to the Superior Court of
New Jersey, Law Division-Bergen County.
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 FEE
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.
EQUALIZED ASSESSED VALUE
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 C. 123, P.L. 1973 (N.J.S.A. 54:1-35a through 54:1-35c).
GREEN BUILDING STRATEGIES
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.
D. Residential development fees.
(1)
Imposed fees.
(a)
Within all Borough zoning district(s), residential developers,
except for developers of the types of development specifically exempted
below, shall pay a fee of 1.0% of the equalized assessed value for
residential development, provided no increased density is permitted.
[Amended 3-6-2018 by Ord.
No. 1535]
(b)
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.
(2)
Eligible exactions, ineligible exactions and exemptions for
residential development.
(a)
Affordable housing developments, developments where the developer
is providing for the construction of affordable units elsewhere in
the municipality, and developments where the developer has made a
payment in lieu of on-site construction of affordable units shall
be exempt from development fees.
(b)
Developments that have received preliminary or final site plan
approval prior to the adoption of a municipal development fee ordinance
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.
(c)
Owner-occupied residential structures demolished and replaced
as a result of a fire, flood, or natural disaster shall be exempt
from paying a development fee.
(d)
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee shall be
calculated on the increase in the equalized assessed value of the
improved structure.
(e)
Development fees shall be imposed and collected when an existing
structure undergoes a change to a more intense use, which requires
the issuance of a certificate of occupancy, for example, when a single-family
home is converted to a two-family home or a single-family home is
converted to an apartment building. The development fee shall be calculated
on the increase in the equalized assessed value of the improved structure.
(f)
Development fees shall be imposed and collected when a certificate
of occupancy is issued for a new residential unit on a newly created
lot that is the result of a subdivision. The development fee shall
be calculated on the equalized assessed value of the land and improvements.
E. Nonresidential development fees. (Note: It should be noted that pursuant
to P.L. 2009, c. 90 and P.L. 2011, c. 122, the nonresidential statewide
development fee of 2.5% for nonresidential development is suspended
for all nonresidential projects that received preliminary or final
site plan approval subsequent to July 17, 2008, until July 1, 2013,
provided that a permit for the construction of the building has been
issued prior to January 1, 2015.).
(1)
Imposed fees.
(a)
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.
(b)
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.
(c)
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.
(2)
Eligible exactions, ineligible exactions and exemptions for
nonresidential development.
(a)
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.
(b)
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.
(c)
Nonresidential developments shall be exempt from the payment
of nonresidential development fees in accordance with the exemptions
required pursuant to C. 46, P.L. 2008, as specified in the Form N-RDF
"State of New Jersey Non-Residential Development Certification/Exemption"
form. Any exemption claimed by a developer shall be substantiated
by that developer.
(d)
A developer of a nonresidential development exempted from the
nonresidential development fee pursuant to C. 46, P.L. 2008, 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.
(e)
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
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 the Borough of Dumont as a lien against the
real property of the owner.
F. Collection procedures.
(1)
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.
(2)
For nonresidential developments only, the developer shall also
be provided with a copy of Form N-RDF "State of New Jersey Non-Residential
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
Should the Borough of Dumont 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 C. 46, P.L. 2008,
(N.J.S.A. 40:55D-8.6).
(8)
Fifty percent of the development fee shall be collected at the
time of issuance of the building permit. The remaining portion shall
be collected at the issuance of the certificate of occupancy. The
developer shall be responsible for paying the difference between the
fee calculated at building permit and that determined at issuance
of certificate of occupancy.
(9)
Appeal of development fees.
(a)
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 the Borough of Dumont. 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.
(b)
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 Borough of Dumont.
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.
G. Affordable Housing Trust Fund.
(1)
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.
(2)
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
(a)
Payments in lieu of on-site construction of affordable units;
(b)
Developer-contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible;
(c)
Rental income from municipally operated units;
(d)
Repayments from affordable housing program loans;
(f)
Proceeds from the sale of affordable units; and
(g)
Any other funds collected in connection with the Borough of
Dumont's affordable housing program.
(3)
Within seven days from the opening of the trust fund account,
the Borough of Dumont shall provide the Department with written authorization,
in the form of a three-party escrow agreement between the municipality,
the bank, and the Department to permit the Department to direct the
disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).
(4)
All interest accrued in the housing trust fund shall only be
used on eligible affordable housing activities approved by the Department.
H. Use of funds.
(1)
The expenditure of all funds shall conform to a spending plan
approved by the Department. Funds deposited in the housing trust fund
may be used for any activity approved by the Department to address
the Borough of Dumont's fair share obligation and may be set up as
a grant or revolving loan program. Such activities include, but are
not limited to preservation or purchase of housing for the purpose
of maintaining or implementing affordability controls, rehabilitation,
new construction of affordable housing units and related costs, accessory
apartment, market to affordable, or regional housing partnership programs,
conversion of existing nonresidential buildings to create new affordable
units, green building strategies designed to be cost saving and in
accordance with accepted national or state standards, purchase of
land for affordable housing, improvement of land to be used for affordable
housing, extensions or improvements of roads and infrastructure to
affordable housing sites, financial assistance designed to increase
affordability, administration necessary for implementation of the
Housing Element and Fair Share Plan, or any other activity as permitted
pursuant to N.J.A.C. 5:97-8.7 through 5:97-8.9 and specified in the
approved spending plan.
(2)
Funds shall not be expended to reimburse the Borough of Dumont
for past housing activities.
(3)
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.
(a)
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.
(b)
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.
(c)
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.
(4)
The Borough of Dumont 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, in accordance
with N.J.A.C. 5:96-18.
(5)
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 the Department's monitoring requirements. Legal or
other fees related to litigation opposing affordable housing sites
or objecting to the Council's regulations and/or action are not eligible
uses of the Affordable Housing Trust Fund.
I. Monitoring. The Borough of Dumont shall complete and return to the
Department 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 the Borough of Dumont's housing program, as well as to the expenditure
of revenues and implementation of the plan certified by the Department.
All monitoring reports shall be completed on forms designed by the
Department.
J. Ongoing collection of fees. The ability for the Borough of Dumont
to impose, collect and expend development fees shall expire with its
substantive certification unless the Borough of Dumont has filed an
adopted Housing Element and Fair Share Plan with the Department, has
petitioned for substantive certification, and has received the Department's
approval of its development fee ordinance. If the Borough of Dumont
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 C. 222, P.L. 1985 (N.J.S.A. 52:27D-320). The Borough of Dumont
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
the Borough of Dumont retroactively impose a development fee on such
a development. The Borough of Dumont shall not expend development
fees after the expiration of its substantive certification or judgment
of compliance.
The general fee schedule shall be as follows:
Type
|
Fee
|
---|
Copies of any minutes or other file material
of a regular or special meeting, 8 1/2 inches by 14 inches maximum
size
|
$0.50 per page;
$0.35 per page over 10
|
Copies of any maps, prints or photographs
|
At cost
|
Assistance from any municipal officer or employee
with the search of files, review of recordings or similar-type work
(minimum 1 hour)
|
$8 an hour
|
Certified list of property owners within 200
feet
|
$10 per list
|
Copies of any decisions of the approving authority
or governing body
|
$0.50 per page;
$0.35 per page over 10
|
Publications and newspapers
|
At cost
|
Certificates of approval pursuant to N.J.S.A.
40:55D-56
|
$10
|
Copy of Zoning Ordinance
|
$150
|
Copy of Master Plan
|
$0.50 per page
|
The application fee schedule shall be as follows:
Statutory Reference and Type
|
Fee
|
---|
N.J.S.A. 40:55D-46 (preliminary site plan)
|
$200 per lot
|
N.J.S.A. 40:55D-46.1 (minor site plan approval)
|
$100 per lot
|
N.J.S.A. 40:55D-47 (minor subdivision)
|
$75 per lot plus
$25 for each new lot proposed
|
N.J.S.A. 40:55D-48 (preliminary major subdivision)
|
$100 per lot plus
$25 for each new lot proposed
|
N.J.S.A. 40:55D-50 (final approval of major
subdivision)
|
$25 per lot
|
|
Final approval of site plan when no preliminary
site plan
|
$300 per lot
|
|
Final site plan approval after preliminary
|
$50 per lot
|
|
N.J.S.A. 40:55D-67 (conditional uses)
|
$200
|
|
N.J.S.A. 40:55D-70
|
|
|
(a)
|
Appeal of administrative office
|
$100
|
|
(b)
|
Interpretation
|
$100
|
|
(c)
|
Bulk on hardship variance
|
$150 plus
$50 per lot on variance requested
|
|
(d)
|
Use variance
|
$250
|
N.J.S.A. 40:55D-35 (building lot to abut street,
certification)
|
$100
|
N.J.S.A. 40:55D-36 (appeal of N.J.S.A. 40:55D-35)
|
$100
|
Applications for 1 single-family residence or
1 single-family residential lot shall be 50% of schedule in a residential
zone
|
|
Zoning permit (temporary and final)
|
$50
|
|
Renewal of temporary zoning permit (nonrefundable)
|
$50
|
The review fee schedule (escrow account) and
inspection fee schedule (escrow account) shall be as follows:
A. Review fee schedule (escrow account). The developer
is to pay the actual cost of review. This schedule shows initial deposits
with application.
[Amended 6-16-2009 by Ord. No. 1385]
(1) Minimum escrow fees for anticipated legal services.
(a)
Minor subdivision: $2,000.
(b)
Major subdivision: $3,000.
(d) All other bulk, use or lot variances: $500 for the first variance
and $100 for each additional variance required.
[Added 9-1-2009 by Ord. No. 1395]
(2) Minimum escrow fees for anticipated engineering services:
(a)
Minor subdivision: $2,000 plus $500 per lot.
(b)
Major subdivision (or minor subdivision, where
extension of municipal utilities is involved): $3,000, plus:
|
No. of Lots
|
Fee
(per lot)
|
---|
|
1 to 10
|
$175
|
|
11 to 20
|
$165
|
|
21 or more
|
$150
|
(c)
Site plan: $900, plus $150 per acre or part
thereof.
B. Inspection fee schedule (escrow account). The developer
is to pay the actual cost of inspection. This schedule shows initial
deposit as a condition to approval for any on-tract improvements.
|
Cost of On-Tract Improvements
|
Initial Deposit
|
---|
|
Less than $5,000
|
$400 minimum fee
|
|
$5,000 to $10,000
|
$400 plus 7% of excess over $5,000
|
|
Over $10,000
|
$750 plus 5% of excess over $10,000
|
[Amended 6-16-2009 by Ord. No. 1385]
Any party who requests a special meeting of
any municipal body shall, prior to the scheduling of said meeting,
pay the sum of $1,000 to defray the costs of said meeting and shall
further pay for the actual cost to the municipality for providing
public notice of the said meeting in any of the legal newspapers of
the municipality.