New Jersey § 5:10a-74

§ 5:10a-74.

a. After the adoption of the plan by the commission pursuant to subsection f. of section

73 of P.L.2015, c. 19 ( C.5:10A-73 ), the commission may, by resolution, provide for the assessment and collection of

development fees on developments within the district as provided hereunder. b. Development fees assessed by the commission shall be based upon the growth and

development forecasts contained in the plan and shall be levied in order to raise

only those amounts needed to accomplish the transportation projects set forth in the

plan and allowable administrative costs. Those fees shall be assessed based upon the formula or formulas contained in the

resolution and shall be uniformly applied, with such exceptions as are authorized

or required by sections 69 through 81 of P.L.2015, c. 19 ( C.5:10A-69 through C.5:10A-81 ). c. A formula or formulas adopted by the commission by resolution shall reflect a methodology

which relates the use of land to the impact of the proposed development on the transportation

system, including, but not limited to: vehicle trips generated by the development;

the square footage of an occupied structure; the number of employees regularly employed

at the development; the number of parking spaces located at the development; or

any combination thereof. d. The resolution may provide for credits against assessed development fees for payments

made, or expenses incurred, which have been determined by the commission to be in

furtherance of the district transportation plan, including, but not limited to, contributions

to transportation improvements, other than those required for safe and efficient highway

access to a development, and costs attributable to the promotion of public transit,

walking, bicycling, or ridesharing. e. The resolution may either exempt or reduce the development fee for specified land

uses which have been determined by the commission to have a beneficial, neutral, or

comparatively minor adverse impact on the transportation needs of the district. f. The resolution may provide for a reduced rate of development fees for developers

submitting a peak-hour automobile trip reduction plan approved by the commission under

standards adopted by the commission. Standards for the approval of peak-hour automobile trip reduction plans may include,

but need not be limited to: physical design for improved transit, ridesharing, and

pedestrian access; design of developments which include a mix of residential and

nonresidential uses; and proximity to potential labor pools. g. The assessment of a development fee shall be reasonably related to the impact of

the proposed development on the transportation system of the district and shall not

exceed the development's fair share of the cost of the transportation improvement

necessary to accommodate the additional burden on the district's transportation system

that is attributable to the proposed development and related allowable administrative

costs. h. A resolution shall be sufficiently certain and definitive to enable every person

who may be required to pay a fee to know or calculate the limit and extent of the

fee which is to be assessed against a specific development. i. Upon the adoption by the commission of a resolution pursuant to subsection a. of

this section, a separate assessment for off-site transportation improvements within

the district shall not be made by the State, a county, or a municipality except as

permitted pursuant to sections 69 through 81 of P.L.2015, c. 19 ( C.5:10A-69 through C.5:10A-81 ). j. A development fee shall not be assessed for any low and moderate income housing

units which are constructed pursuant to the “Fair Housing Act,” P.L.1985, c. 222 ( C.52:27D-301 et al.) or under court order or settlement. k. At least 30% of any development fees collected in accordance with this section

shall be used for transportation related projects within the municipality where the

development, for which a particular fee was collected, is located.