March 9th, 2010
ORDINANCE 2010-6
AMENDING SECTION 905 OF THE LAND
DEVELOPMENT ORDINANCE OF THE
“DEVELOPMENT FEES FOR AFFORDABLE
HOUSING”
WHEREAS, Section 905.D of the Medford Township Land Development Ordinance specifies certain residential development which is exempt from the payment of residential affordable housing development fees; and
WHEREAS, the Ordinance, as currently worded, does not exempt the situation where the property owner tears down or demolishes an existing home that is often in a dilapidated and unsafe condition, removes the old foundation and rebuilds a new home at the same general location that significantly improves the appearance of the property and the neighborhood and complies with current construction code and safety requirements; and
WHEREAS, the Township Council, as a policy matter, feels that the foregoing is unfair and inappropriate and creates an additional and unanticipated cost burden to such property owners who may in fact qualify as low and moderate income themselves; and
WHEREAS, the Council also finds and determines that residential development initiatives by private property owners using their own funding should be encouraged in order to enhance the appearance, quality and safety of the Township’s housing stock and that imposition of a residential affordable housing fee may have the opposite effect by discouraging teardowns-rebuilds; and
WHEREAS, this Ordinance amends the Township’s development fee payment exemptions to further exempt teardown-rebuilds.
NOW, THEREFORE, BE IT ORDAINED AND ESTABLISHED by the Township Council of the Township of Medford, County of Burlington and State of New Jersey, that Section 905 of the Land Development Ordinance of the Township of Medford entitled “Development Fees for Affordable Housing” be and is hereby amended as follows:
SECTION 1. Legislative Intent.
The legislative intent set forth in the above preambles and recitals are hereby adopted and incorporated by reference herein as if set forth herein at length.
SECTION 2. Section 905.D entitled “Eligible Exactions, ineligible Exactions and Exemptions” is hereby supplemented to add a new Subparagraph 9 (§905.D.9) as follows:
9. Development fees shall not be collected and imposed when an existing home is demolished and a new home is constructed at the same approximate location regardless of whether the old foundation is removed and replaced with a new foundation.
SECTION 3. The provisions of the Ordinance shall apply retroactively for a period of two (2) years prior to the effective date of this Ordinance and the Township’s administrative staff is directed to refund any development fees that have been paid during said two-year period that would now be exempt pursuant to the terms hereof.
SECTION 4. Severability.
If any paragraph, section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any Court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining paragraphs or sections hereof.
SECTION 5. Inconsistency.
All ordinances or parts of ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency.
SECTION 6. Effective date.
The Ordinance shall take effect upon final passage and publication according to law and filing with the County Planning Board in accordance with N.J.S.A. 40:55D-16.