Manasquan City Zoning Code
§ 35-35.4
Residential Development Fees.
[Ord. No. 2042-08 § 2]
a.
Imposed Fees. Within the zoning districts specified, residential developers, except for developers of the types of development specifically exempted, shall pay a fee of 0.5% of the equalized assessed value, provided no increased density is permitted.
1.
In the R-1, R-2, and R-3 One-Family Residential, R-4 Beachfront One-Family Residential, R-5 One-Family, R-M Multi-Family Residential, and R-PM Planned Multi-Family Residential Zones, where a developer develops land for residential purposes and receives no right to increased density, the developer shall pay a development fee of 0.5% of the equalized assessed value.
2.
In those circumstances where a developer secures the right to increased density resulting from a variance granted pursuant to N.J.S.A. 40:55D-70d (a "d" or "use" variance), then the additional residential units realized (above what is permitted by right under the existing zoning), the developer will incur a bonus development fee. The developer shall pay a fee of 0.5% of equalized assessed value for all base units and 6% of equalized value for all bonus units. If there has been an ordinance adopted within two years prior to the filing of the "d" variance application that decreases the density permitted on the subject property, the base density, for the purpose of calculating the 6% bonus shall be the highest density permitted by right during the two years preceding the filing of the "d" variance application.
Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 0.5% of the equalized assessed value on the first two units; and 6% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.
3.
Sites in the R-PM Planned Multi-Family Residential Zone that require a percentage of housing units to be set aside for low and moderate income households and that the Borough elects to allow the developer to pay a fee in lieu of constructing some or all of the number of low and moderate units otherwise required, the developer and Borough shall enter into an agreement allowing the developer to pay a fee in an amount equal to the cost of subsidizing the affordable units. The fee amount shall be not less than the subsidy required payment in lieu amount as determined by COAH for the applicable housing region pursuant to N.J.S.A. 5:97-6.4(c).
b.
Eligible Exactions, Ineligible Exactions and Exemptions for Residential Development.
1.
Affordable housing developments and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
2.
Developments that have received preliminary or final site plan approval prior to the adoption of the Borough of Manasquan development fee ordinance shall be exempt from the 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.
3.
Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, provided the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure subject to the following provision for residential expansions and additions.
(a)
Residential additions and expansions that result in an increase in equalized assessed value (EAV) that are equal to, or less than, 50% of the EAV of the original structure shall not be subject to a fee, provided that the expansion does not increase the number of dwelling units. However, if a property owner applies for two or more construction permits within a five-year period, then the cumulative increase in EAV compared to the EAV of the original structure shall be used to determine the percentage increase in the EAV.
Example: If in Year One, the EAV is $200,000, and the property owner constructs an addition which increases the EAV to $300,000, then the addition is exempt from the payment of a development fee since the increase in equalized assessed value of $100,000 is 50% of the EAV of the original structure.
($300,000 - $200,000 = $100,000) which is equal to 50% of the EAV of the original structure ($100,000/$200,000 = 0.50 or 50%).
If in Year Three, the property owner seeks to construct a second addition that increases the EAV by an additional $50,000, then the property owner would have to pay a development fee because the cumulative increase to the original EAV is more than 50%. In that case, the fee would be based on the total cumulative increase in EAV of $150,000.
(Original EAV ($200,000) + EAV increase of Year One addition ($100,000) + EAV increase of Year Three ($50,000) = New EAV ($350,000). New EAV ($350,000) - Original EAV ($200,000) = Cumulative EAV Increase ($150,000) which is equal to 75% of the EAV of the original structure ($150,000/$200,000 = 0.75 or 75%).
4.
The Borough exempts the following types of development from residential development fees:
(a)
Nonprofit organizations, which have received tax exempt status pursuant to Section 501(c) 3 of the Internal Revenue Code, providing evidence of that status is submitted to the Borough Clerk and the Borough Tax Assessor together with a certification that services of the organization are provided at reduced rates to those who establish an inability to pay such charges.
(b)
Federal, State, County, and local governments.
(c)
Reconstruction of existing owner occupied residential structures as a result of fire, flood or natural disaster.