N.J. Admin. Code § 19:7-5.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 19:7-5.3 - Transportation development fee credits

(a) An applicant shall be entitled to a credit towards the transportation development fee for the value of construction or land contributions as detailed below and in accordance with a required Credit Memorandum of Agreement (CMOA) between the property owner, applicant, the NJMC, and other governmental agencies as necessary.

1. The final credit shall be equal to the value of construction or land contributed by the applicant, but shall not exceed the values stated within the CMOA. Changes to any values or dates stated within the CMOA shall be addressed by an amended CMOA prior to any monetary exchanges.

i. The CMOA shall specify the timing and values of monetary exchanges of any Hackensack Meadowlands Transportation Planning District (MTPD) or third party funding of expenditures related to the construction.

ii. When the CMOA includes a parking strategy, the applicant shall record the CMOA in the county registrar's office.

(1) Proof of county filing shall be submitted to the NJMC prior to zoning certificate approval.

(2) County filing shall only be released upon completion of all remaining payments.

iii. The value of a credit for applicant-constructed improvements resulting from the above actions shall be considered as follows:

(1) The CMOA shall be finalized prior to zoning certificate approval.

(2) The value of the credit for construction of Plan elements in the CMOA shall be based upon an NJMC approved estimate of the design, construction, inspection, and related expenses submitted by the applicant.

(3) Original receipts are required to be submitted to the NJMC for verification of expenditures made by the applicant. Receipts will be accepted for the following areas and are subject to the approval of the NJMC:

(A) Preliminary, final and/or as-built engineering services in conjunction with the project detailed in the MOA and subject to the inspection and approval of the NJMC.

(B) Construction services in conjunction with the project detailed in the CMOA and subject to the inspection and approval of the NJMC.

(4) If the sum of all original receipts does not exceed the value of the credit, the remainder of the credit is required to be paid to the NJMC by the applicant within 30 days of the written request from the NJMC.

(5) The value of all credited elements not completed within 90 days of the date agreed to in the CMOA shall be paid to the NJMC by the applicant within 30 days of the request from the NJMC.

2. The design and construction of improvements shall be subject to the following:

i. The improvements shall be coordinated with the NJMC and the agency(ies) having jurisdiction.

ii. The improvements shall conform to the standards of the agency(ies) having jurisdiction, and are subject to the approval of the NJMC.

(b) Applicant contributions of property, easements, and/or construction of Plan elements in association with an application, shall result in a credit to the transportation development fee as follows:

1. All credits shall be implemented prior to the issuance of any final Certificate of Completion and/or Occupancy Certification for the application. A final Certificate of Completion and/or Occupancy Certification shall not be issued without payment of the value of any outstanding credit for construction and/or property transfers.

2. Credits for construction of Plan elements shall be subject to the following:

i. The Plan elements shall be projects and/or implementation of programs within the Plan, or phased portions thereof.

ii. Any mitigation measures set forth in the traffic impact analysis (TIA), prepared in accordance with 19:4-7.1 0, which are fully funded by the applicant, MTPD Fund, and/or any other dedicated fund(s), shall be required to be constructed prior to the issuance of any final Certificate of Completion and/or Occupancy Certification for the application.

iii. The voluntary construction of any plan elements that are not mitigation measures set forth in the TIA shall be subject to the approval of the NJMC.

iv. No credits shall be granted for any on-site improvements, with the exception of credits for transit related improvements referenced in (b)4 below.

3. Credits for contributions of property shall be subject to the following:

i. An appraisal shall establish the value of all ownership interest in property and easement contributions.

(1) The applicant shall be responsible for the cost of all appraisals.

(2) The appraisal shall be prepared by an independent New Jersey-licensed appraiser and shall be subject to the approval of the NJMC.

4. Credits for construction of transit related improvements shall be subject to the following:

i. The improvements shall be consistent with transportation efficient land uses that reduce automobile dependency, improve bicycle and pedestrian safety, and/or encourage alternatives to peak hour automobile travel.

(1) The improvements shall result in a reduction in automobile trips.

(2) The improvements shall be subject to the approval of the NJMC.

ii. The value of the credit shall be a percentage of the fee prior to reductions for construction and right-of-way contributions.

iii. The percentage of credit granted by the NJMC shall be based upon the value of the project and the estimate of reduction in automobile trips and vehicle miles of travel.

(c) An applicant shall be entitled to transportation efficiency credits towards the transportation development fee for the strategies listed in the table entitled, "Transportation Efficiency Credit Program Schedule," located in the Meadowlands District Transportation Plan in association with an application as follows:

1. All required plans and documents shall be finalized prior to zoning certificate approval.

2. Any strategy shall be implemented prior to the issuance of any final Certificate of Completion and/or Occupancy Certification for the application.

i. All strategies shall remain in effect for a minimum of 20 years.

ii. All parking strategies require an annual report to be submitted to the NJMC detailing the previous year's statistical use of the strategy.

(1) Annual reports are due to the NJMC by the first working day in February each year.

(2) Failure to submit the annual report within 30 days of receipt of a notice of late annual report shall constitute a default in the strategy.

iii. If the strategy is defaulted or does not remain in effect for a minimum of 20 years, the prorated value of the credit shall be paid to the NJMC by the applicant and/or property owner within 30 days of the written request by the NJMC. Any balances remaining unpaid after 30 days shall result in a lien being placed on the property.

3. All credits are subject to NJMC approval and availability of funds in the Transportation Efficiency Credit Program established in the Plan.

4. The applicant shall prepare and submit a report containing the documentation and plans necessary to determine whether the application meets the criteria listed below for each available strategy, subject to the approval of the NJMC.

i. Transit oriented development:

(1) The land use categories eligible for this credit are residential, lodging, retail, and office.

(2) A transit oriented development credit shall not be granted in conjunction with an infill or high-density residential development.

(3) The development shall be located within a NJMC designated transit oriented development; or shall be located within the following average walking distances of a train station or bus stop within one of the corresponding average frequencies within a peak four-hour period:

(A) Train station:

(I) One-quarter mile and 30-minute frequency;

(II) One-half mile and 20-minute frequency; or,

(III) One mile and 10-minute frequency.

(B) Bus stop:

(I) One-quarter mile and 10-minute frequency serving a minimum of four routes; or

(II) One-half mile and five-minute frequency serving a minimum of five routes.

(C) Facility under construction meeting the above criteria.

ii. Infill development:

(1) The development shall be located on vacant lot(s) bound by non-vacant lots along a minimum of three property boundaries and a minimum of 60 percent of the property boundary; or shall be located on vacant lot(s) bound by non-vacant lots along a minimum of 70 percent of the property boundary.

(2) An infill development credit shall not be granted in conjunction with a transit oriented development credit.

iii. High-density residential development:

(1) The development shall consist of a minimum of 15 units per acre.

(2) A high-density residential development credit shall not be granted in conjunction with a transit oriented development credit.

iv. Unbundled parking:

(1) The land use categories eligible for this credit are residential uses with a minimum of 25 parking spaces.

(2) The price of the unbundled parking spaces shall be limited as follows:

(A) A minimum of $ 5,000 per space for resale units.

(B) A minimum of $ 50.00 per space per month for rental units.

v. Cash-out parking:

(1) The land use categories eligible for this credit are industrial, office, and institutional uses with a minimum of 25 parking spaces.

(2) The price of the cash-out parking program shall be a minimum payment of $ 50.00 per parking space per month to the employee.

vi. Preferential parking:

(1) The percentage value of the preferential parking credit shall be equal to the percentage of spaces dedicated to preferential parking, but shall not to exceed five percent. The percentage of spaces shall be rounded down to the nearest whole percent.

(2) Industrial, office, and institutional:

(A) The land use categories eligible for this credit are industrial, office, and institutional uses with a minimum of 25 parking spaces.

(B) Carpool, vanpool, and/or carsharing parking spaces shall be eligible for preferential parking credit.

(I) A minimum of 20 spaces or 80 percent of the preferential parking spaces, whichever is less, shall be reserved for high-occupancy vehicles consisting of three or more occupants.

(II) A minimum of five spaces or 20 percent of the preferential parking spaces, whichever is less, shall be reserved for carsharing vehicles.

(C) Preferential parking spaces shall be the closest non-Americans with Disabilities Act (ADA) required spaces to the building entrance.

(3) Residential, retail, and lodging:

(A) The land use categories eligible for this credit are residential, retail, and lodging uses with a minimum of 25 parking spaces.

(B) Parking spaces for low-emitting and fuel-efficient vehicles and/or carsharing shall be eligible for preferential parking credit.

(I) A minimum of 15 spaces or 60 percent of the preferential parking spaces, whichever is less, shall be reserved for low-emitting and fuel-efficient vehicles that are classified as Zero Emission Vehicles (ZEV) by the California Air Resources Board, P.O. Box 2815 Sacramento, CA 95812 or have achieved a minimum green score of 40 in the American Council for an Energy Efficient Economy (ACEEE) Green Book: The Environmental Guide to Cars & Trucks, incorporated herein by reference, as amended and supplemented, copies of which can be obtained from the American Council for an Energy Efficient Economy, 1001 Connecticut Avenue, NW Suite 801 Washington, DC 20036.

(II) A minimum of 10 spaces or 40 percent of the preferential parking spaces, whichever is less, shall be reserved for carsharing vehicles.

(C) Preferential parking spaces shall be the closest non-ADA required spaces to the building entrance.

N.J. Admin. Code § 19:7-5.3