Developer Fee Compliance Application Form - Borough Of Fanwood (Page 2 of 4) in pdf

BOROUGH OF FANWOOD

ORDINANCE NO. 00-10-R

AN ORDINANCE AMENDING CHAPTER 93 OF THE

FANWOOD BOROUGH CODE TO INCORPORATE

PROVISIONS FOR DEVELOPMENT FEES

BE IT ORDAINED by the Mayor and Council of the Borough of Fanwood, County of Union, State of New

Jersey, as follows:

SECTION I. Section 93-18.6 of the Fanwood Borough Code is added as follows:

93-18.6. Purpose.

A. In accordance with Holmdel Builder's Ass'n v. Holmdel

Township, 121 N.J. 550 (1990), The Fair Housing Act of 1985, N.J.S.A. 52:27D-301 et seq., The New Jersey State

Constitution, and the Council on Affordable Housing's (COAH) rules and regulations, standards for the collection,

maintenance and expenditure of development fees are hereby established and fees collected pursuant to this

Section shall be used for the sole purpose of providing low and moderate income housing in the Borough.

SECTION II. Section 93-18.61 of the Fanwood Borough Code is added as follows:

93-18.61. Residential Development Fees.

A. Within the Borough, Developers shall pay a development

fee of one-half (1/2) of one (1%) percent of the equalized assessed value of any eligible residential activity pursuant

to Section 93-18.63 herein; except a person renovating and/or expanding an existing single family home, and

expending fifty (50%) percent or less of the current assessed value of such home in performing such renovation

and/or expansion shall be exempt from the payment of such fee; and except as set forth in Section 93-18.63.

Developers in the R-75, R-150 and CC zoning districts

may pay a fee in lieu of constructing a low or moderate income housing unit.

Section III. Section 93-18.62 is hereby added as follows:

93-18.62. Non-residential Development Fees.

A. Developers within the Borough shall pay a fee of one

(1%) percent of equalized assessed value for eligible non-residential activities pursuant to Section 93-18.63 herein.

Section IV. Section 93-18.63 is hereby added as follows:

93-18.63. Eligible Exaction, Ineligible Exaction & Exemptions.

Developers of low and moderate income units shall be

exempt from paying development fees.

Developers expanding an existing structure, except as

set forth in Section 93-18.61A shall pay a development fee which shall be calculated based on the increase in the

equalized assessed value of the improved structure.

Developers that have received preliminary or final

approval prior to the effective date of this Section 93-18.6 shall be exempt from paying a development fee unless the

developer seeks a substantial change in the approval.

Developers of non-residential property that are non-

Developer Fee Compliance Application Form - Borough Of Fanwood Page 2