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Mountainside council adopts ordinance imposing and raising development fees for certain projects
Summary
On July 16 the Borough of Mountainside adopted Ordinance 1330‑2024, increasing a fee in Article 20 and adding a 2.5% non‑residential development fee on equalized assessed value for specified new non‑residential construction and additions; the measure passed unanimously on second reading.
Mayor Paul N. Mirabelli and the Borough Council adopted Ordinance 1330‑2024 on second reading at their July 16 meeting, establishing and modifying development fees for certain projects in Mountainside.
The ordinance raises a 1% fee referenced in Article 20 to 1.5% in the amended subparagraph and inserts a new Chapter (2005) that sets a non‑residential development fee of 2.5% of the equalized assessed value of land and improvements for new non‑residential construction on unimproved lots, and for increases in equalized assessed value resulting from additions to existing structures. The provision also applies, in specified circumstances, when an existing structure is demolished and replaced, with the fee calculated on the change in equalized assessed value and reduced to zero where the calculation yields a negative number.
The ordinance includes exemptions and procedures consistent with P.L.2008, c.46 and the State 'Form N‑RDF' certification process; it requires developers claiming an exemption to substantiate it and provides that if an exemption later terminates, fees become due within three years or upon issuance of the final certificate of occupancy, whichever is later. The ordinance further states unpaid fees may be enforceable by the Borough as a lien against the property.
Hearing no public comment, Mayor Mirabelli closed the public portion and the council voted to pass the ordinance by roll call. The vote was recorded as Ayes: Dierkes, Matejek, Rinaldo, Wass; Nays: 0. The ordinance text specifies it shall take effect immediately upon final passage and publication as provided by law.
Council members and staff did not present additional financial projections or an implementation timetable during the session. The ordinance text directs renumbering of affected chapters and repeals inconsistent provisions; specific administrative processes (timing of collections, tracking of exemptions, and enforcement steps) were not detailed in the meeting record and are to be implemented under borough procedures.
