Maple Shade Township
City Zoning Code
City Zoning Code
ARTICLE XXII
Development Fees
§ 205-105 Definitions.
The following terms, as used in this article, shall have the following meanings:
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 100% affordable development.
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.
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 P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
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.
Any person, firm, corporation or public body that shall enter into or propose to enter into a contract with the Township or other redevelopment entity for the redevelopment or rehabilitation of an area in need of redevelopment, or an area in need of rehabilitation, or any part thereof, under the provisions of this article, or for any construction or other work forming part of a redevelopment or rehabilitation project.
Clearance, replanning, development and redevelopment; the conservation and rehabilitation of any structure or improvement, the construction and provision for construction of residential, commercial, industrial, public or other structures and the grant or dedication of spaces as may be appropriate or necessary in the interest of the general welfare for streets, parks, playgrounds, or other public purposes, including recreational and other facilities incidental or appurtenant thereto, in accordance with a redevelopment plan.
A plan adopted by the governing body of a municipality for the redevelopment or rehabilitation of all or any part of a redevelopment area, or an area in need of rehabilitation, which plan shall be sufficiently complete to indicate its relationship to definite municipal objectives as to appropriate land uses, public transportation and utilities, recreational and municipal facilities, and other public improvements; and to indicate proposed land uses and building requirements in the redevelopment area or area in need of rehabilitation, or both.
Any work or undertaking pursuant to a redevelopment plan; such undertaking may include any buildings, land, including demolition, clearance or removal of buildings from land, equipment, facilities, or other real or personal properties which are necessary, convenient, or desirable appurtenances, such as but not limited to streets, sewers, utilities, parks, site preparation, landscaping, and administrative, community, health, recreational, educational, and welfare facilities.
§ 205-106 Residential development fees.
A.
Imposed fees.
(1)
Within all the zoning district(s), residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1 1/2% of the equalized assessed value for residential development, provided that no increased density is permitted.
(2)
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. Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1 1/2% of the equalized assessed value on the first two units; and the specified higher percentage up to 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.
B.
Eligible exactions, ineligible exactions and exemptions for residential development.
(1)
The following shall be exempt from payment of the affordable housing fee:
[Amended 5-9-2019 by Ord. No. 2019-02]
(a)
Single-family dwellings (new construction) that are not part of a subdivision approval.
(b)
Two-family dwellings (new construction) that are not part of a subdivision approval.
(c)
Additions and improvements to an existing single-family dwelling.
(d)
Additions and improvements to an existing two-family dwelling.
(2)
Developments that have received preliminary or final site plan approval prior to November 11, 2006, 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.
(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, if 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.
(4)
Developers of residential structures demolished and replaced as a result of a natural disaster shall be exempt from paying a development fee.
(5)
A redeveloper (as defined by N.J.S.A. 40A:12A-3) within the Downtown Redevelopment Area and Route 38/73/Lenola Road Redevelopment Area shall be exempt from paying the residential portion of a permitted commercial/residential mixed-use redevelopment project.
§ 205-107 Nonresidential development fees.
A.
Imposed fees.
(1)
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.
(2)
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.
(3)
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.
B.
Eligible exactions, ineligible exactions and exemptions for nonresidential development.
(1)
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.
(2)
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.
(3)
Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L. 2008, c. 46, Section 35b (N.J.S.A. 40:55D-8.4b), as specified in the Form N-RDF, "State of New Jersey Nonresidential Development Certification/Exemption." Any exemption claimed by a developer shall be substantiated by that developer.
(4)
A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L. 2008, c. 46, Section 35b (N.J.S.A. 40:55D-8.4b), 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.
(5)
If a property which was exempted from the collection of a nonresidential development fee, based on the property being tax exempt pursuant to N.J.S.A. 54:4-3.6, thereafter ceases to be exempt from property taxation within three years of the issuance of the certificate of occupancy for the nonresidential development, 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 Maple Shade Township as a lien against the real property of the owner.
§ 205-108 Collection procedures.
A.
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.
B.
For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF, "State of New Jersey Nonresidential 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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
Should Maple Shade Township 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 P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).
I.
Appeal of development fees.
(1)
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 Maple Shade Township. 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.
(2)
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 Maple Shade Township. 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.
§ 205-109 Affordable housing trust fund.
A.
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.
B.
The following additional funds shall be deposited in the affordable housing trust fund and shall at all times be identifiable by source and amount:
(1)
Payments in lieu of on-site construction of affordable units;
(2)
Developer-contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;
(3)
Rental income from municipally operated units;
(4)
Repayments from affordable housing program loans;
(5)
Recapture funds;
(6)
Proceeds from the sale of affordable units; and
(7)
Any other funds collected in connection with Maple Shade's Affordable Housing Program.
C.
Maple Shade Township shall provide the court with an agreement between the Township and Columbia Bank permitting the Department of Community Affairs or the court to authorize the disbursement of funds from the trust fund account pursuant to N.J.S.A. 52:27D-329.1.
D.
All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities contained in a court-approved spending plan.
§ 205-110 Use of funds.
A.
The expenditure of all funds shall conform to a court-approved spending plan. Funds deposited in the housing trust fund may used for any activity specified in the approved spending plan to address Maple Shade Township's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to:
(1)
Preservation or purchase of housing for the purpose of maintaining or implementing affordability controls;
(2)
Rehabilitation;
(3)
New construction of affordable housing units and related costs;
(4)
Accessory apartment;
(5)
Market-to-affordable, or regional housing partnership programs;
(6)
Conversion of existing nonresidential buildings to create new affordable units;
(7)
Green building strategies designed to be cost saving and in accordance with accepted national or state standards;
(8)
Purchase of land for affordable housing;
(9)
Improvement of land to be used for affordable housing;
(10)
Extensions or improvements of roads and infrastructure to affordable housing sites;
(11)
Financial assistance designed to increase affordability;
(12)
Administration necessary for implementation of the Housing Element and Fair Share Plan; or
(13)
Any other activity as permitted and specified in the court-approved spending plan.
B.
Funds shall not be expended to reimburse Maple Shade Township for past housing activities.
C.
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.
(1)
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.
(2)
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. The use of development fees in this manner may entitle the Township of Maple Shade to bonus credits.
(3)
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.
D.
Maple Shade Township 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.
E.
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 any monitoring requirements imposed by court order. Legal or other fees related to litigation opposing affordable housing sites are not eligible uses of the affordable housing trust fund.
§ 205-111 Monitoring.
Maple Shade Township shall complete 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 Maple Shade Township's housing program, as well as to the expenditure of revenues and implementation of the plan certified by the court.
§ 205-112 Ongoing collection of fees.
A.
The ability for Maple Shade Township to impose, collect and expend development fees shall expire with its substantive certification unless Maple Shade Township has filed an adopted Housing Element and Fair Share Plan and has received court approval of its development fee ordinance.
B.
If Maple Shade Township 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 P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). Maple Shade Township 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 Maple Shade Township retroactively impose a development fee on such a development. Maple Shade Township shall not expend development fees after the expiration of its substantive certification or judgment of compliance.