(Added 10/13/92 by Ordinance #1737)
A. INFORMAL REVIEW
(1) At the request of the Developer, the Planning Board shall grant an informal review of a concept plan for development for which the Developer intends to prepare and submit an application for development. The amount of any fees for such informal review shall be a credit toward fees for review of the application for development. The Developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any review;
(2) Public notice and notice to owners of all real property within two hundred (200') feet shall be given in accordance with Section 112-35F;
(3) Applications by Corporations and Partnerships shall comply with the disclosure requirement of C.40:55D- 48.1 thru 48.4.
B. SUBMISSION PROCEDURES
(1) The Developer shall submit a written request for the Concept Review, twenty (20) copies of the proposed Conceptual Plan and supporting documents to the Secretary of the Planning Board;
(2) Plans shall be prepared in conformance with Section 112-33P(2)-(6) for submission requirements for Use Variance applications;
(3) If applicable, plans are to show existing approvals on the property as compared to the proposal.
[Added 10/14/97 by Ordinance No. 2040]
A. STATEMENT OF 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. (the "Act") , and the State Constitution subject to Council on Affordable Housing ("COAH") developing rules. The purpose of this ordinance is to establish standards for the collection, maintenance and expenditure of development fees pursuant to COAH's rules. Fees collected pursuant to this ordinance shall be used for the sole purpose of providing low and moderate income housing. This ordinance shall be interpreted within the framework of COAH's rules on development fees.
B. DEFINITIONS
For the purpose of this Section 112-32.02, the following definitions shall apply:
COAH means the New Jersey Council on Affordable Housing.
DEVELOPMENT FEES means money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH's rules.
EQUALIZED ASSESSED VALUE means the value of a property determined by the municipal tax assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of building permit may be obtained by the tax assessor utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the municipal tax assessor.
SUBSTANTIVE CERTIFICATION means a determination by COAH approving a municipality's housing element and fair share plan in accordance with the provisions of the Act and the rules and criteria as set forth herein. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions contained therein.
TOWNSHIP means Franklin Township in Somerset County.
C. RETENTION OF FEES
Any fees collected or agreed to prior to December 13, 1990, shall be retained by the Township pursuant to COAHs rules regarding the retention of development fees.
D. RESIDENTIAL DEVELOPMENT FEES
(1) Within all residential zoning districts, developers shall pay a development fee of one-half of one (1/2%) percent of the equalized assessed value of any eligible residential activity pursuant to Subsection 112-32.02.F. of this section.
(2) In order to implement the goals of the Township's Master Plan, as amended and the goals and objectives of the Township's Certified Affordable Housing Plan, the Planning Board, in its sole discretion, may permit developers to pay a fee of twenty-seven thousand five hundred ($27,500.00) dollars in lieu of constructing a low income housing unit and twelve thousand five hundred ($12,500.00) dollars in lieu of constructing a moderate income housing unit. Before a municipality permits a developer to pay a fee in lieu of constructing affordable housing units, the arrangement must be reviewed and approved by COAH. COAH must determine that such an arrangement is not at cross-purposes with the municipal housing element and fair share plan and that there continues to be a realistic opportunity for the Township to address its entire fair share ordinance.
E. ELIGIBLE EXACTION" INELIGIBLE EXACTION AND EXEMPTIONS.
(1) Developers of low and moderate income units shall be exempt from paying development fees. [Amended 3/11/98 by Ord. No. 2060]
(2) The construction, alteration or renovation of a single family residence by an individual(s), when not part of a greater development consisting of two or more homes, shall be exempt from paying a development fee since single family homes, when not part of a greater development of homes, do not place the same burdens or have the same impact on the infrastructure of the municipality as does a development of a larger number of homes; the requirement of a development fee upon the construction or extensive renovation by the owner of a single family home creates additional costs for such construction, and thus causes this type of housing to be less affordable.
(3) Developers that have received preliminary or final approval prior to the effective date of this ordinance shall be exempt from paying a development fee unless the developer seeks a substantial change in the approval.
(4) Developers of nonresidential activities shall be exempt from paying a development fee.
(5) The land uses indicated in Subsection 112-32.02.J. shall be exempt from paying a development fee.
F. COLLECTION OF FEES
(1) Developers shall pay fifty (50%) percent of the estimated development fee to the Township Construction Official at the issuance of building permits. The balance of the development fee shall be paid to the Township Construction Official at the issuance of a certificate of occupancy. The development fee shall be estimated by the tax assessor prior to the issuance of a building permit.
(2) At the issuance of certificate of occupancy, the tax assessor shall calculate the fully assessed value and the appropriate development fee. if there is any change between the original estimated value and the actual value of the development, prior to receipt of a certificate of occupancy, the developer shall pay the balance of the fee plus the difference between the fee originally calculated at the issuance of the building permit and the fully assessed value of the property as calculated at the end of construction.
G. HOUSING TRUST FUND
(1) There is hereby created an interest bearing housing trust fund in an approved bank or other approved depository of the Township for the purpose of receiving development fees from residential and non-residential developers. All development fees paid by developers pursuant to this ordinance 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 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 ordinance shall be expended. Such authorization is pursuant to: this ordinance; COAH's rules on development fees; and the written authorization from the governing body to the approved bank or other approved depository of the Township in which the housing trust fund is located.
H. USE OF FUNDS
(1) Money deposited in a housing trust fund may be used for any activity approved by COAH for addressing the Township'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 to be more affordable to low and moderate income people; and administrative costs necessary to implement the Township's housing element. The expenditure of all money shall conform to a spending plan approved by COAH.
(2) At least thirty (30%) percent of the revenues collected shall be devoted to render units more affordable. Examples of such activities include, but are not limited to: downpayment assistance; low interest loans; and rental assistance.
(3) No more than twenty (20%) percent 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.
(4) Development fee revenues shall not be expended to reimburse the Township for housing activities that preceded substantive certification.
1. EXPIRATION OF ORDINANCE
This ordinance shall expire if:
(1) COAH dismisses or denies the Township's petition for substantive certification;
(2) COAH revokes substantive certification or its certification of this ordinance;
(3) Substantive certification expires prior to the Township filing an adopted housing element with COAH, petitioning for substantive certification or receiving COAH's approval of this ordinance;
J. LAND USE TYPES SUBJECT TO DEVELOPMENT FEES
The following table identifies the land uses that are subject to, or exempt from the imposition of development fees for affordable housing:
