Be It Ordained by the Township Committee of the Township of Wantage, as follows:
In Holmdel Builder’s Association 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 2985, N.J.S.A. 52:270-301 et seq., and the State Constitution subject to the Council on Affordable Housing 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 section shall be interpreted within the framework of COAH’s rules on development fees.
Residential Development Fees:
Within a residential zone, developers shall pay a development fee of one percent (1%) of the equalized assessed value of any subdivision activity of two to seven lots.
Commercial and Industrial Development Fees:
Commercial or industrial developers shall pay a development fee of one percent (1%) of the equalized assessed value of any new building or addition to an existing building.
Developers of inclusionary low and moderate-income units shall be exempt from paying development fees.
Expansion of existing residential structures shall be exempt.
Developers of any church, library, school, college, government facility, or public utility shall be exempt from the development fees.
Collection of Fees:
Developers shall pay fifty (50) percent of the calculated development fee to the Township of Wantage at the issuance of a building permit. The developer shall submit to the Housing Officer an estimate of the assessed value of the new construction and lot to be verified if required by the Tax Assessor.
Developers shall pay the remaining fee to the Township of Wantage at the issuance of certificates of occupancy. The Tax Assessor shall provide a standardized calculation for the equalized assessed value. The developer shall be responsible for paying the difference between the fee calculated at certificates of occupancy and the amount paid upon the issuance of a building permit.
Housing Trust Fund:
There is hereby created an interest bearing housing trust fund in the name of Wantage Township for the purpose of receiving development fees from residential developers pursuant to this ordinance. No money shall be expended from the housing trust fund unless the expenditure conforms to a spending plan approved by COAH.
- If COAH determines that the Township of Wantage 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.
Use of Funds:
- Money deposited in a housing trust fund may be used for any activity approved by COAH for addressing the Township of Wantage’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 families; and administrative costs necessary to implement the Township’s Housing Element.
- No more than twenty (20) percent of revenues shall be expended on administrative costs necessary to develop, revise or implement the Housing Plan Element. Examples of eligible administrative activities include personnel, consultation service, space costs, consumable supplies, and rental or purchase of equipment.
Development fees shall not be expended to reimburse the Township of Wantage for housing activities that preceded substantive certification.
The Township shall complete and return to COAH all monitoring forms related to the collection of development fees. Expenditures of revenues and implementation and auditing reports shall be completed by the Township on forms designed by COAH.
In the event that any of the conditions set forth in subsection 2 below occur, COAH shall be authorized, on behalf of the Township, to direct the manner in which all development fees collected pursuant to this Ordinance shall be expended. Should any such condition occur, revenues shall become available for expenditure only at the direction of COAH. The Township shall, in establishing a bank account pursuant to section 6 of this Ordinance, ensure that the Township has provided whatever express written authorization which may be required by the bank to permit COAH to direct disbursement of revenues from the account following the delivery to the bank of the aforementioned written notification to the Township Clerk.
Occurrence of the following may result in COAH taking an action pursuant subsection 1 above:
- Failure to submit a spending plan within the time limits imposed by COAH.
- Failure to meet deadlines for information required by COAH in its review of this Ordinance, the Township’s housing element or spending plan.
- Failure to address COAH’s conditions for approval of a plan to spend development fees within the deadlines imposed by COAH.
- Failure to address COAH’s conditions for substantive certification within the deadlines imposed by COAH.
- Failure to submit accurate monitoring reports within the time limits imposed by COAH.
- Failure to implement the spending plan for development fees within the time limits imposed by COAH, or within reasonable extensions granted by COAH.
- Expenditure of development fees on activities not permitted by COAH.
- Revocation of the Township’s substantive certification.
- Other good cause demonstrating that the revenues are not being used for the intended purpose.
Expiration of this ordinance:
This ordinance shall expire if:
- COAH dismisses or denies Wantage Township’s petition for substantive certification.
- COAH revokes substantive certification or certification of this ordinance.
- Substantive certification expires prior to Wantage Township’s filing an adopted housing element with COAH, petitioning for substantive certification or receiving COAH’s approval of this ordinance.
Should any section, paragraph, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid for any reason by any Court of competent jurisdiction, such provision(s) shall be deemed severable and the remaining portions of this Ordinance shall remain in full force and effect.
All ordinances or parts of ordinances or resolutions that are inconsistent with the provisions of this Ordinance are repealed to the extent of such inconsistency.
The Township Clerk is directed to give notice at least ten days prior to the hearing on the adoption of this ordinance to the County Planning Board and to all others
entitled pursuant to the provisions of N.J.S.A. 40:55D-15. Upon the adoption of this
ordinance, after public hearing, the Township Clerk is further directed to publish notice of
the passage and to file a copy of this ordinance, as finally adopted, with the Sussex
County Planning Board, as required by N.J.S.A. 40:55D-16.
This ordinance shall take effect after publication and passage according to law.
F. Parker Space, Mayor
James Doherty, Administrator/Municipal Clerk
TAKE NOTICE that the above entitled ordinance was introduced at a regular meeting of the Mayor and Township Committee of the Township of Wantage, County of Sussex, New Jersey, held on July 21, 2005, and will be considered for final passage after public hearing at a regular meeting of the Mayor and Township Committee to be held on August 11, 2005 at 7:30 p.m. in the Municipal Building, Route 23, Wantage, New Jersey. During the preceding week, copies of the ordinance will be made available at the Clerk's office in the Municipal Building to members of the general public.