Oldmans Township City Zoning Code

All improvements of the type described in Subsection E below, for on-site installation, where the need for the providing of such improvements off site or off tract is, in whole or in part, made necessary by the proposed development application of the developer and where the making of such improvements will confer a benefit upon the developer's lands which are the subject of the development application.

Any improvement or facility, the installation of which is required in the public interest and the public need for which would not arise but for the improvement of lands which are the subject of the development application and the installation of which would confer a benefit upon the developer's lands which are the subject of the development application. In addition to improvements of the type described in Subsection E and referred to in Subsection B(1) above, improvements required to maintain a safe flow of vehicular and pedestrian traffic are specifically declared to be necessary in the public interest.

The installation of new or the extension or modification of existing improvements made necessary in whole or in part by the development application which will be benefited by the improvement.

Full allocation. In cases where off-tract improvements are necessitated by the property development and where no other property owner(s) receives a special benefit thereby, the applicant may be required at his sole expense and as a condition of approval to provide and install such improvements.

Proportionate allocation. Where it is determined that properties outside the development will also be benefited by the off-tract improvement, the allocation formulas shall be utilized in determining the proportionate share of the cost of such improvements to the developer.

Predetermined allocation. In some cases, where the nature of the improvement makes it difficult to determine the extent of cost of the improvement or its allocation to a specific project, the Township Committee may enact by ordinance specific predetermined assessments.

Streets, grading and streetlights.

Street name signs at all street intersections within or abutting the subdivision.

Curbs.

Sidewalks.

Shade trees.

Monuments. All monuments shall be of the size and shape required by Section 3(q) of Chapter 141 of the Laws of 1960 (N.J.S.A. 46:23-9.11q) and placed in accordance with the statute.

Storm drains.

Bulkheads.

Landscaping, topsoil and seeding on all rights-of-way.

Soil erosion and sedimentation control measures.

The capacity and the design of the drainage system to accommodate stormwater runoff shall be based on the standards specified in § 110-23 of this chapter, computed by the developer's engineer and approved by the Municipal Engineer.

The capacity of the enlarged, extended or improved system required for the subdivision and areas outside of the developer's tributary to the drainage system shall be determined by the developer's engineer subject to approval of the Municipal Engineer. The plans for the improved system shall be prepared by the developer's engineer and the estimated cost of the enlarged system calculated by the Municipal Engineer. The prorated share for the proposed improvement shall be computed as follows:

The application fees and escrow fees recited hereinabove[1] are minimums which must accompany the application. An application shall not be deemed complete until the application fee and escrow fee required have been paid. The Planning Board shall exercise its discretion in establishing the figure required for the escrow fund in the event that the project will require more time for review than has been provided for by the figures recited hereinabove or the project is of a nature that is not expressly included in one of the aforementioned categories.

Application fees and escrow fees must be submitted in separate checks payable to Oldmans Township.

Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service and, for each date the service is performed, the hours spent to one-quarter-hour increments, the hourly rate and the expenses incurred.

If the escrow account or deposit contains insufficient funds to enable the review of the application, or inspection of the improvements, the Chief Financial Officer shall provide the applicant with notice of the insufficient escrow or deposit balance. In order to work to be continued on the application, the applicant shall, within a reasonable time period, post a deposit to the account in an amount to be agreed upon by Oldmans Township and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.

The following close-out procedure shall apply to all deposits and escrow accounts established under the provisions of P.L. 1975, c.291 (N.J.S.A. 40:55D-1 et seq.) and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the ease of application review escrows and deposits, or after the improvements have been approved as provided in section 41 of P.L. 1975, c.291 (N.J.S.A. 40:55D-53), in the case of improvement inspection escrows and deposits.

All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction.

An applicant shall notify in writing the governing body with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for service rendered in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to the provisions of P.L. 1975, c.291 (N.J.S.A. 40:55D-l et seq.).

Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the Township, the money, until repaid or applied, shall be deposited, including the applicant's portion of interest earned thereon, except as otherwise provided in this section; shall continue to be the property of the applicant; and shall be held in trust by the Township. Money deposited shall be held in escrow. The Township receiving the money shall deposit it in a banking institution or savings and loan association in this state, insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the state, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The Township shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The Township shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall he refunded to him by the Township annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the Township may retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses. The provisions of this section shall apply only to that interest earned and paid on a deposit after the effective date of this section.

No final application for development shall be approved by the Board until the satisfactory completion and performance of all required improvements has been certified to the Board by the Township Engineer, unless the owner shall have filed with the municipality a performance guaranty assuring the installation of said improvements on or before an agreed date and as hereinafter provided.

Except as hereafter provided, the remaining required improvements shall be at least fifty-percent completed as to each category set forth in the performance guaranty within one year from the date of final approval or by such time as 50% of the lots in the section in question have been conveyed, in any manner, by the applicant, whichever shall first occur. At least 75% of the remaining required improvements shall be completed as to each category as set forth in the performance guaranty within 18 months from the date of final approval or at such time as 75% of the lots in the section in question have been conveyed. The remaining improvements shall be completed and accepted by the Township within two years from the date of final approval or at such time as all of the lots in the section in question have been conveyed, in any manner, by the applicant, whichever shall first occur. It is the intention of the governing body that this requirement will provide to those living in each new section of a development a dwelling unit that is as complete as possible with respect to tract and individual lot improvements.

A performance guaranty estimate shall be prepared by the Township Engineer setting forth all requirements for improvements as fixed by the Board and their estimated cost. The governing body shall pass a resolution either approving or adjusting this performance guaranty.

The subdivider shall present two copies of the performance guaranty in an amount equal to 120% of the approved performance guaranty estimate for approval as to form and execution by the Township Attorney.

The Township Attorney shall notify the Secretary of the Board prior to the meeting that the performance guaranty is properly executed and can be added to the agenda.

The performance guaranty shall be made payable to Oldmans Township, shall be deposited by the Township Attorney and shall be in the form of cash, a certified check, an irrevocable letter of credit issued by a bank authorized to do business in New Jersey or a performance bond in which the owner shall be principal, the bond to be provided by an acceptable surety company licensed to do business in the State of New Jersey. The Township shall issue its receipt for such deposits and shall cause the same to be deposited in a bank named by the municipality in the name of the Township to be retained as security for completion of all requirements and to be returned to the owner on completion of all required work or, in the event of default on the part of the owner, to be used by the Township to pay the cost and expense of obtaining completion of all requirements. Every bond, whether cash or surety, shall contain a clause to the effect that a determination by the Township Engineer that the principal has defaulted in the performance of his obligation shall be binding and conclusive upon the surety and the principal.

Ten percent of the amount of the approved performance guaranty estimate shall be deposited by the owner in cash with the Township. The remaining 90% may be in cash or surety bond. In the event of default, the ten-percent fund herein mentioned shall be first applied to the completion of the requirements, and the cash or the surety bond shall thereafter be resorted to, if necessary, for the completion of the requirements. The cash or surety bond shall recite the foregoing provisions.

All improvements and utility installations shall be inspected during the time of their installation under the supervision of the Township Engineer to ensure satisfactory completion. The cost of said inspection shall be the responsibility of the owner, and he shall deposit with the Township Treasurer for placement in a special trust fund account a sum equal to 5% of the amount of the performance guaranty estimate of the cost of public improvements to be applied to payment of inspection costs. If inspection costs exceed such fund, the owner shall deposit with the Township Treasurer additional sums upon notice from the Township Engineer. The Township Treasurer shall return any balance of the inspection deposit to the owner upon expiration of the maintenance bond, together with the paid invoices for all expenses charged, except that the inspection fee shall in no case be less than $100.

In no case shall any paving work (including prime and seal coats) be done without permission from the Township Engineer's office. At least two days' notice shall be given to the Township Engineer's office prior to any such construction so that he or a qualified representative may be present at the time the work is to be done.

The Township Engineer's office shall be notified after each of the following phases of the work has been completed so that he or a qualified representative may inspect the work:

A final inspection of all improvements and utilities will be started within 10 days' notification by the subdivider or developer to determine whether the work is satisfactory and in agreement with the approved final drawings and the Township specifications. The general condition of the site shall also be considered. Upon a satisfactory final inspection report, action will be taken to release or declare in default the performance guaranty covering such improvements and utilities.

Inspection by the Township of the installation of improvements and utilities shall not operate to subject the Township to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter, it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the owner and his contractors, if any.

After completing the construction of the public improvements covered by the performance guaranty, the subdivider or developer shall prepare a set of the approved public improvement and utility plans and the profiles amended to read "as-built" and apply to the Township Engineer for final inspection of the work. The Township Engineer shall report to the governing body on the condition of the work and recommend that the performance guaranty be released, extended or declared in default.

The Township Engineer shall have certified, in writing, that the improvements are complete and that they comply with the requirements of this chapter.

The final application for development shall have been approved by the Board.

The owner shall have filed with the governing body a maintenance guaranty in an amount equal to not more than 15% of the original estimate of the cost of installing the improvements. The maintenance guaranty shall run for a period of two years after final acceptance of the improvement. The procedures and requirements governing such maintenance guaranty shall be identical with the procedures and requirements for a performance guaranty set forth in this chapter. The requirements for a maintenance guaranty may be waived by the governing body only if the Township Engineer has certified that the improvements have been in continuous use for not less than two years from the date the Township Engineer certified completion of such improvements and that during this period the owner has maintained the improvements in a satisfactory manner.

This section establishes standards for the collection, maintenance, and expenditure of development fees that are consistent with regulations promulgated by the NJ Council of Affordable Housing (COAH) in response to 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 8.7). Fees collected pursuant to this section shall be used for the sole purpose of providing very-low-, low- and moderate-income housing in accordance with a Spending Plan as approved by Order of the Superior Court, replacing a previous 2006 COAH- approved ordinance.

The Township of Oldmans shall spend development fees only in accordance with the Spending Plan in conformance with N.J.A.C. 5:97-8.[2]

Imposed fees.

Eligible exactions, ineligible exactions and exemptions for residential development.

Imposition of fees.

Eligible exactions, ineligible exactions and exemptions for nonresidential development.

Upon the passage of the resolution of memorialization granting of a preliminary, final or other applicable approval for a development, the Planning Board or Zoning Board of Adjustment Secretary shall notify the construction code official responsible for the issuance of a building permit of the approving authority's action.

Once all prior approvals have been obtained, the person requesting a building permit application for a nonresidential development, only, shall also be provided with a copy of Form N-RDF, "State of New Jersey Non-Residential Development Certification/Exemption," to be completed by the developer as part of the building permit application. The construction code official shall verify the information submitted by the nonresidential developer or developer's designee. The Oldmans Township Tax Assessor shall verify any requested exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.

The construction code official responsible for the issuance of a building permit shall notify the Township Tax Assessor of the issuance of the first construction permit for a development that is subject to a development fee.

Within 90 days of receipt of that notice, the Township Tax Assessor shall provide an estimate, based on the plans filed, of the equalized assessed value of the development.

The construction code official responsible for the issuance of a final certificate of occupancy shall notify the Township Tax Assessor of any and all requests for the scheduling of a final inspection on property that is subject to a development fee.

Within 10 business days of a request for the scheduling of a final inspection, the Township Tax Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements associated with the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.

Should the Township of Oldmans 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 N.J.S.A. 40:55D-8.6.

Except as provided in Subsection C(1)(c) above, 50% of the development fee shall be collected at the time of issuance of the construction permit. The remaining portion shall be collected at the time of issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at the time of issuance of the construction permit and that determined at the time of issuance of certificate of occupancy.

A developer may challenge residential development fees imposed by filing a challenge with the Salem County Board of Taxation. Pending a review and determination by that board, collected fees shall be placed in an interest-bearing escrow account by the Municipal Housing Finance Officer of the Township of Oldmans. Appeals from a determination of the Board may be made to the Tax Court in accordance with the provisions of the State Uniform Tax 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.

A developer may challenge nonresidential development fees imposed by filing a challenge with the director of the New Jersey 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 the Township of Oldmans. Appeals from a determination of the Director may be made to the Tax Court in accordance with the provisions of the State Uniform Tax 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.

A separate, interest-bearing Affordable Housing Trust Fund was previously created and shall continue to be maintained by the Municipal Housing Finance Officer of the Township of Oldmans for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.

The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:

In the event of a failure by the Township of Oldmans to comply with trust fund monitoring and reporting requirements or to submit accurate monitoring reports; or a failure to comply with the conditions of a Judgment of Compliance or a revocation of the Judgment of Compliance; or a failure to implement the approved Spending Plan and to expend funds within the applicable required time period as set forth in In re Tp. of Monroe, 442 NJ Super. 565 (Law Div. 2015) (aff'd 442 NJ Super. 563); or the expenditure of funds on activities not approved by the Court; or for other good cause demonstrating the unapproved use(s) of funds, the Court may authorize the State of New Jersey, Department of Community Affairs, Division of Local Government Services (NJLGS), to direct the manner in which the funds in the Affordable Housing Trust Fund shall be expended, provided that all such funds shall, to the extent practicable, be utilized for affordable housing programs within the Township of Oldmans, or, if not practicable, then within the county or the housing region.

All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by the Court, or successor agency to COAH.

The expenditure of all funds shall conform to a Spending Plan approved by the Court or successor agency to COAH. Funds deposited in the Affordable Housing Trust Fund may be used for any activity approved by the Court to address the Township of Oldmans' 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; housing rehabilitation; new construction of affordable housing units and related costs; accessory apartments; a market-to-affordable program; 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; and/or any other activity permitted by the Court and specified in the approved Spending Plan.

Upon approval of the Spending Plan, expenditures of funds detailed therein constitute "commitment" for expenditure pursuant to N.J.S.A. 52:27D-329.2 and 52:27D-329.3, with the four-year time period for expenditure designated pursuant to those provisions beginning to run with the entry of a final Judgment of Repose in accordance with the provisions of In re Tp. Of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (aff'd 442 N.J. Super. 563).

Funds shall not be expended to reimburse the Township of Oldmans for past housing activities.

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. At least 1/3 of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to very-low-income households earning 30% or less of regional median income by household size for Housing Region 6, in which the Township of Oldmans is located.

The Township of Oldmans 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.

No more than 20% of all revenues collected from development fees, and interest, may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultants' fees necessary to develop or implement a new construction program, prepare a Housing Element and Fair Share Plan, and/or administer an affirmative marketing program.

The ability for the Township of Oldmans to impose, collect and expend development fees shall expire with the expiration of the repose period covered by its Judgment of Repose unless the Township of Oldmans has first filed an adopted Housing Element and Fair Share Plan with the Court or with a designated state administrative agency, has petitioned for a Judgment of Repose from the Court or for substantive certification or its equivalent from a state administrative agency authorized to approve and administer municipal affordable housing compliance, and has received approval of its development fee ordinance from the entity that will be reviewing and approving the Housing Element and Fair Share Plan.

If the Township of Oldmans fails to renew its ability to impose and collect development fees prior to the expiration of its Judgment of Compliance, it may be subject to forfeiture of any or all funds remaining within its Affordable Housing Trust Fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund established pursuant to N.J.S.A. 52:27D-320.

The Township of Oldmans shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its Judgment of Compliance, nor shall the Township of Oldmans retroactively impose a development fee on such a development. The Township of Oldmans also shall not expend any of its collected development fees after the expiration of its Judgment of Compliance.