HomeMy Public PortalAboutordinance 03:44No. Ire
Councilman Presents the following Ordinance Seconded by Councilman
AN O~IN~CE AMENDING & SUPPLEMENTING ~TICLE VI
"FEES" OF CHAPTER 160 "L~D DEVELOPMENT" OF THE CODE OF
THE BOROUGH OF CARTE~T C~ATING A NEW ARTICLE VIA
TO BE ENTITLED "DEVELOPMENT IMPACT FEES"
BE IT ORDAINED by the Mayor and Borough Cotmcil of the Borough of Carteret, a
municipal corporation of the State of New Jersey, located in Middlesex County, thereof,
as follows:
Section 1. Chapter 160 of the Code of the Borough of Carteret entitled "Land
Development", is hereby amended and supplemented to create a new Article VIA to be
entitled "Development Impact Fees" to read as follows:
DEVELOPMENT IMPACT FEES
{}160-46.3. Purpose.
The purpose of this Article is to establish regulations pursuant to which a developer, as a
condition for approval of a subdivision and/or site plan, shall pay a pro-rata share of the
cost of providing reasonable and necessary street improvements and water, sewerage and
drainage facilities, and easements therefor, and provide for open space and park
improvements, located off-tract but necessitated or required by construction or
improvements within the subdivision or development.
§160-46.4. Impact Fees.
A. To the fullest extent permitted by New Jersey law, presently or as may be amended
and supplemented from time to time, and whenever the Borough can fairly and
reasonably establish, based upon appropriate traffic and utility service analyses,
plans, or studies, and open space or park improvement plans, the proportionate or
pro-rata amount of the cost of the aforementioned facilities that shall be borne by
each developer or owner within a related and common area as provided for herein,
the developer or owner shall pay said cost as a condition of approval up to the
following amounts:
(1) Each square foot of new construction of warehouse space shall be assessed an
impact fee of $1.00.
(2) Each square foot of new construction of retail, commercial and/or
other industrial space shall be assessed an impact fee of $2.25.
(3) Each square foot of new construction of residential space shall be
assessed an impact fee of $1.50.
B. The foregoing amounts shall apply to each square foot of lot coverage only and shall
not be required for additions to existing owner-occupied residential dwellings unless
said addition increases the total square footage of lot coverage by the dwelling by
more than fifty (50%) pement.
NO. 03-44 PAGE 2
C. Where a developer or owner pays under protest the amount determined to be
his/her/its pro-rata share as provided for herein, he/she/it shall institute legal action
within one (1) year of such payment in order to preserve the right to a judicial
determination as to the fairness and reasonableness of such amount.
D. The provisions of this Article notwithstanding, nothing herein shall prevent a
developer or owner from voluntarily agreeing to pay, and the Borough agreeing to
accept, an amount, either by way of direct contribution or in-kind services, that the
developer or owner agrees reflects the pro-rata or proportionate sham of the cost of
providing reasonable and necessary off-tract improvements or facilities required by
the construction or improvements to be approved pursuant a respective development
application. In such a case, the Borough and developer or owner may enter into a
developer's agreement that provides for said direct payment or in-kind services in
lieu of any contribution provided for pursuant to the provisions of this Article. In
addition, the Borough may waive the requirements of this Article for any duly
authorized redevelopment project.
Section 2. All Ordinances and/or provisions thereof inconsistent with the provision of
this Ordinance shall be and are hereby repealed as to the extent of any such
inconsistencies.
Section 3. If any section, subsection, part, clause or phase of this Ordinance shall be
declared invalid by judgment of any Court of competent jurisdiction, the section,
subsection, part, clause or phrase shall be deemed to be sever able from the remainder of
this Ordinance.
Section 4. This Ordinance shall take effect upon passage and publication according to
applicable law.
DO NOT USE SPACE IIEI.OW Tills LINE
RECORD OF COUNCIl. VOTE ~
COUNCILMAN YES NO NV A~B. COUNCILMAN 'YES NO NVI A.B.
PARISI SOSNOWSKI
X - hldical¢ Vole AB - Absent NV - Not Voling XOR - indicates Vole Io Overrule Veto
Adopled on first reading of thc Council of Ihe Borough of Carted'ct, N.J., on _September 18, 2003