BOROUGH OF FORT LEE NOTICE OF INTRODUCTION    Notice is hereby given that the following Ordinance #2013-26 was introduced at a Regular Meeting of the Mayor and Council of the Borough of Fort Lee on Thursday, October 10, 2013, and passed on first reading, and the same was then ordered to be published in full or in summary according to law; and that such Ordinance will be further considered for final passage at a meeting of the Mayor and Council to be held at the Memorial Municipal Building, 309 Main Street, Fort Lee, New Jersey on Thursday, November 14, 2013, commencing at 7:00 p.m., at which time and place, or any time and place to which such meeting shall from time to time be adjourned, all persons interested will be given opportunity to be heard concerning such Ordinance.  By order of the Mayor and Council.  Neil Grant, RMC Municipal Clerk Date: October 11, 2013  BOROUGH OF FORT LEE ORDINANCE #2013-26   AN ORDINANCE AMENDING CHAPTER 261, LAND USE PROCEDURES, ARTICLE VII, AFFORDABLE HOUSING DEVELOPMENT FEES OF THE CODE OF THE BOROUGH OF FORT LEE  BE IT ORDAINED, by the Mayor and Council of the Borough of Fort Lee, County of Bergen and State of New Jersey, that Chapter 261, Land Use Procedures, Article VII, Affordable Housing Development Fees of the Code of the Borough of Fort Lee, is hereby amended as follows:  Section 1. That Borough Ordinance ? 261-50, Eligible exaction, ineligible exaction and exemptions, shall be amended and supplemented and hence forth provide as follows:  A. Eligible exactions, ineligible exactions and exemptions for residential development. (1) Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality, and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
(2) Developments that have received preliminary or final site plan approval prior to the adoption of this amended article shall be required to pay development fees calculated based on the development fee ordinance in effect prior to the adoption of this amended article, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.
(3) Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.
(4) Owner-occupied residential structures demolished and replaced as a result of a fire, flood, or natural disaster shall be exempt from paying a development fee.
(5) Owner-developers of (i) newly-constructed one or two family owner-occupied dwelling units; or (ii) reconstructed one or two family owner-occupied dwelling units; or (iii) additions to one or two family owner-occupied dwelling units (but maintaining such units as one or two family owner-occupied dwelling units), shall all be exempt from paying a development fee.
B. Eligible exactions, ineligible exactions and exemptions for non-residential development (1) The non-residential portion of a mixed-use inclusionary or market rate development shall be subject to the two and a half percent (2.5%) development fee, unless otherwise exempted below.
(2) The two and a half percent (2.5%) fee shall apply to an increase in equalized assessed value resulting from additions to existing structures to be used for non-residential purposes.
(3) Non-residential developments shall be exempt from the payment of non-residential development fees in accordance with the exemptions required pursuant to P.L.2008, c.46, as specified in the Form N-RDF “State of New Jersey Non-Residential Development Certification/Exemption” Form. Any exemption claimed by a developer shall be substantiated by that developer.
(4) A developer of a non-residential development exempted from the non-residential development fee pursuant to P.L.2008, c.46 shall be subject to it at such time the basis for the exemption no longer applies, and shall make the payment of the non-residential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the non-residential development, whichever is later.
(5) If a property which was exempted from the collection of a non-residential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid non-residential development fees under these circumstances may be enforceable by the Borough of Fort Lee as a lien against the real property of the owner.
Section 2. Any ordinance or part thereof inconsistent with this ordinance is repealed to the extent of such inconsistency.  Section 3. The exemptions from payment of residential development fees contained in this ordinance shall apply to and be effective for all developments which are the subject of applications for development, and applications for certificates of occupancy, pending at the time this ordinance is adopted. This ordinance shall take effect following adoption and approval in a time and manner provided by law.   ATTEST: BOROUGH OF FORT LEE  Neil Grant Mark J. Sokolich, Mayor Borough Clerk October 15, 2013 Fee:$164.43(174)3577628