[Added 6-17-2002 by Ord. No. 28-2002; amended 8-26-2002 by Ord. No. 32-2002]
A. 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-30l 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. Residential development fees. Developers shall pay a development fee of ½ of 1% of the equalized assessed value for residential development within all zoning districts in the Town of Hammonton, provided no increased density is permitted.
[Amended 8-23-2004 by Ord. No. 21-2004]
C. Non-residential development fees. Notwithstanding any other provision of this § 175- 50.1, developers shall pay development fees on non-residential development in accordance with the Statewide Non-residential Development Fee Act, N.J.S. 40:55D-8.1 through 40:55D- 8.7, as amended and supplemented. 1
[Amended 8-27-2018 by Ord. No. 31-2018; amended 11-19-2018 by Ord. No. 45-2018]
D. Eligible exaction, ineligible exaction and exemptions.
(1) Developers of low- and moderate-income units shall be exempt from paying development fees.
(2) 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, or a developer who has agreed to pay development fee and has included the resolution of approval.
(3) Developers of churches, schools, religious organizations and qualified nonprofit organizations facilities, together with additions to existing residential and commercial structures, shall be exempt from paying a development fee.
(4) A developer shall be exempt from the payment of the development fee in the event that the residential development occurs after an existing structure has been raised and only if the new residential development is of the same intensity as the previous use.
[Added 8-23-2004 by Ord. No. 21-2004]
E. Payment.
[Amended 8-23-2004 by Ord. No. 21-2004]
(1) Developers shall pay no less than 50% of the calculated development fee to the Town of Hammonton at the issuance of building permits.
(2) At the time of the issuance of certificates of occupancy, the developer shall pay the balance of the calculated development fee to the Town.
(3) The developer shall be responsible for paying the difference between the fees paid at the time of the issuance of the building permit and that calculated at the time of the issuance of the certificate of occupancy.
F. Housing trust fund.
(1) There is hereby created an interest-bearing housing trust fund in Fleet Bank for the purpose of receiving development fees from residential and nonresidential developers. 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 Town of Hammonton is not in compliance with COAH 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 the written authorization from the governing body to the Fleet Bank.
G. Use of funds.
(1) Money deposited in a housing trust fund may be used for any activity approved by COAH for addressing the Town of Hammonton'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 Town of Hammonton'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 unless exempt as per N.J.A.C. 5:93-8-16(c). Examples of such activities include, but are not limited to, down payment and closing cost assistance, low-interest loans and rental assistance.
(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.
(4) Development fee revenues shall not be expended to reimburse the Town of Hammonton for housing activities that preceded a first or second round substantive certification.
H. Expiration. This section shall expire if:
(1) COAH revokes substantive certification of this section;
(2) The substantive certification/judgment of repose expires prior to the Town of Hammonton's filing an adopted housing element with COAH, petitioning for substantive certification or receiving COAH's approval of this section.
Notes
| 1 | 17. Editor's Note: Former Subsection C, Nonresidential development fees, was repealed 8-23-2004 by Ord. No. 21-2004. |
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