[HISTORY: Adopted by the Township Committee of the Township of Delanco 7-6-1981 by Ord. No. 4-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Delinquent taxes, liens and utility charges — See Ch. 56.
Site plan approval — See Ch. 91.
Subdivision of land — See Ch. 100.
Zoning — See Ch. 110.
Fire prevention fees — See Ch. 178.
[Amended 12-5-2011 by Ord. No. 2011-27]
This chapter establishes all application fees, escrow deposits and deposits for inspection fees required in connection with any application under Chapter 91, Site Plan Approval, Chapter 100, Subdivision of Land, and/or Chapter 110, Zoning, of the Delanco Township Code.
A. 
The application fees set forth below are designed to cover the administrative costs incurred by the Township to process applications. They are nonrefundable in nature and they are a set predetermined amount.
B. 
Escrow deposits are designed to pay the cost of professional review by the reviewing agency engineer, attorney, planner and other professionals employed by the reviewing agency to review and make recommendations on applications for development. The escrow deposits specified below are merely estimates of the total cost of such professional review for each step of the approval process. Escrow deposits must be posted, together with the corresponding application fee, prior to consideration of the application for development by the reviewing agency or its staff.
C. 
All on- and off-tract improvements required to be installed in connection with an application for development must be inspected by the Township Engineer. Inspection fees are designed to cover the cost of those inspections.
[Added 12-5-2011 by Ord. No. 2011-27]
When the application and plans are submitted to the administrative officer, applicants shall be required to execute an escrow agreement, the form and content of which shall be determined by the reviewing agency. The escrow agreement shall contain such terms as the reviewing agency finds are reasonable, necessary or convenient to carry out the intent and purpose of this chapter; shall provide for compliance by the reviewing agency with the requirements of N.J.S.A. 40:55D-53.1 and shall contain provisions ensuring the following:
A. 
That the applicant shall pay all reasonable and necessary costs incurred by the reviewing agency for the technical and professional staff review of the application for development.
B. 
In the event that more than the sums specified below are required to pay the reasonable costs of such technical and professional review, the applicant shall pay all such additional required sums in full.
C. 
If the applicant, or any individual, corporation or partnership listed on the applicant's corporate/partnership disclosure statement has an outstanding unpaid balance from a prior application, that outstanding unpaid balance must be paid in full before the new application will be heard.
D. 
Before proceeding with the next step in the approval process, applicants must pay all outstanding unpaid professional review fees incurred by the reviewing agency in the preceding step of the approval process.
E. 
The administrative officer shall track the balances in all escrow accounts and, when additional funds are required, the administrative officer shall notify the applicant of the amount needed to pay current plus reasonably anticipated future professional review fees.
F. 
If an applicant's escrow account contains insufficient funds to pay current plus reasonably anticipated additional professional review fees, the reviewing agency will conduct no further hearings on the application until the applicant replenishes the escrow account as directed by the administrative officer.
G. 
That the failure to replenish the escrow account as directed will constitute and be deemed a consent to an extension of time for Board action. Failure to pay within 60 days of demand will result in the application being dismissed without prejudice.
H. 
That payment of disputed professional review fees is not a waiver of the applicant's right to challenge the reasonableness of such fees and that the procedure established by N.J.S.A. 40:55D-53.2 shall be the exclusive method of challenging the reasonableness and/or the necessity of disputed professional review fees.
I. 
Should a positive balance remain in the applicant's escrow account after the project is complete and all invoices are submitted, the remaining balance will be returned to the applicant by the administrative officer upon written request.
[Amended 12-4-1989 by Ord. No. 12-1989; 1-19-1998 by Ord. No. 1-1998; 11-16-1998 by Ord. No. 14-1998; 10-16-2000 by Ord. No. 13-2000; 12-19-2005 by Ord. No. 2005-33; 12-5-2011 by Ord. No. 2011-27]
A. 
Application fees and escrow deposits shall be paid to the Township of Delanco in accordance with the following schedule:
[Amended 9-23-2019 by Ord. No. 2019-22]
Delanco Township Fee Schedule
Separate checks must be submitted made payable to the "Township of Delanco."
Application Type
Application Fee
(nonrefundable)
Escrow Fee
(initial)
Variances
"a" Variance (appeal)
$100
$500
"b" Variance (interpretation)
$100
$500
"c" Variance (bulk)
$100
$500
"d" Variance (use)
$250
$1,500
Build on lot not fronting on street
$100
$500
NOTE: If an application requires more than one type of variance, the applicant shall pay the fees required for each type requested. For fee and escrow purposes, all "c" variances requested shall be considered one variance request.
Miscellaneous
Administrative review
$100
None
Informal review
$150
None
Certificate of nonconformity
$250
$1,500
Zoning inquiry
No charge
None
Zoning permit (per § 10-7)
$25
None
NOTE: The administrative review application fee will be applied to the appropriate Joint Land Use Board application fee if it is determined that the applicant must go before the Board.
Subdivision plans
Minor subdivision plan
$250
$500/lot
Preliminary major subdivision plan
$300
$250/lot, minimum $2,000
Final major subdivision plan
$300
$125/lot, minimum $1,000
Extension of preliminary or final subdivision approval
$100
$500
Amended subdivision plan
Original fee
Original fee
Revised subdivision plan
50% of original fee
50% of original fee
NOTE: Revised subdivision plan fees shall be charged when development plans are classified as incomplete for any reason. Such fees shall not be required when revised plans are submitted in response to comments from Board members, Board professionals or members of the public during a hearing or to satisfy a condition of approval required by the Joint Land Use Board.
Site plans
Minor site plan
$200
$1,000
Site plan waiver
$200
$1,000
Preliminary major site plan, residential
Up to 50 units
$300
$2,500
51 to 100 units
$300
$3,500
101 to 500 units
$300
$5,000
501 units or greater
$300
$10,000
Preliminary major site plan, nonresidential
Under 5,000 square feet of building space
$300
$2,500
From 5,001 square feet to 10,000 square feet
$300
3,500
From 10,001 square feet to 50,000 square feet
$300
$5,000
50,001 square feet or greater
$300
$10,00
Final major site plan, residential or nonresidential
$300
$2,500
Extension of preliminary or final site plan approval
$100
$500
Amended site plan
Original fee
Original fee
Revised site plan
50% of original fee
50% of original fee
NOTE: Revised site plan fees shall be charged when development plans are classified as incomplete for any reason. Such fees shall not be required when revised plans are submitted in response to comments from Board members, Board professionals or members of the public during a hearing or to satisfy a condition of approval required by the Joint Land Use Board.
Certified list of property owners
$10 for 40 items or less, $0.25 for each item over 40
None
B. 
The administrative officer is hereby authorized to exercise his or her discretion to establish an application fee and an escrow deposit if the project is of a nature not expressly included in one of the aforementioned categories. All applications shall be deemed incomplete until the applicant's application fees and escrow deposits have been paid in full.
C. 
Where one application for development includes several approval requests, the total sum of all of the individual required application fees and escrow deposits shall be paid.
D. 
Each applicant for preliminary or final subdivision or site plan approval (or waiver) shall agree, in writing, to pay all reasonable costs for professional review of the application and for inspection of the improvements required by the Board. Such costs must be paid in full before any approval shall take effect or construction permits are issued.
E. 
Application fees and escrow deposits must be submitted in separate checks payable to the Township of Delanco, and submitted to the administrative officer. The Township Chief Financial Officer shall deposit the escrow funds into a developer's escrow account, and the application fees into the Township's general account.
F. 
The applicant shall pay all professional fees and other costs incurred by the Township as a result of a special Board meeting held at the applicant's request or with the applicant's approval.
[Added 12-5-2011 by Ord. No. 2011-27]
The following is the exclusive method of challenging the reasonableness and/or the necessity of disputed professional review fees. An applicant who wishes to dispute charges made by a professional for services rendered in reviewing an application for development, in preparation of documents, inspecting an improvement or any other charges made pursuant to the provisions of the MLUL must pay the disputed fees "under protest," continue to pay additional fees pursuant to this escrow agreement and take the following steps:
A. 
The applicant shall notify the Township Committee, in writing, that he disputes the charges. Copies of the complaint shall be sent to the Township's Chief Financial Officer, the Board Secretary and the professional whose charges are disputed.
B. 
The Township Committee, or its designee, shall attempt to mediate the dispute.
C. 
If the dispute is not resolved to the satisfaction of the applicant, he may appeal to the County Construction Board of Appeals.
D. 
The appeal shall be in writing. The original shall be submitted to the County Construction Board of Appeals with copies to the Township's Chief Financial Officer, the Board Secretary and the professional whose charges are disputed.
E. 
Appeals to the County Construction Board of Appeals must be filed within 45 days of the applicant's receipt of the informational copy of the professional's voucher. If the professional has not supplied the applicant with an informational copy of his voucher, then the appeal must be filed within 60 days of the applicant's receipt of the statement of activity against the applicant's escrow account.
F. 
An applicant may also appeal an ongoing series, or pattern, of excessive and/or inaccurate charges by a professional during a period not to exceed six months. An applicant appealing under this provision need not appeal each charge individually.
G. 
If the County Construction Board of Appeals hears the appeal, it may approve, disapprove, or modify the professional charges appealed as provided in Section 53.2a, Subdivision b.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-53.2a, Subdivision b.
H. 
During the pendency of any appeal, the Township or approving authority shall continue to process, hear, and decide the application for development, and to inspect the development in the normal course, and shall not withhold, delay, or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending. The Chief Financial Officer may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Chief Financial Officer shall reimburse the escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of the Township, the professional consultant shall reimburse the Township in the amount of any such disallowed charge.
[Added 12-5-2011 by Ord. No. 2011-27]
Except as otherwise set forth herein, all interest earned on money deposited pursuant to this agreement shall become the property of the Township as compensation for administrative services rendered in connection with this agreement. An applicant shall only be entitled to payment of interest whenever the applicant shall have deposited money in excess of $5,000 and the amount of interest paid on that money shall exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to the applicant by the Township annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the Township may retain for administrative expenses a sum no more than 1/3 of that entire amount, which shall be in lieu of all other administrative and custodial expenses.
[Added 12-5-2011 by Ord. No. 2011-27]
Except in extraordinary circumstances, the developer shall make an initial deposit toward the total cost of inspection fees in an amount of $500 or 5% of the cost of required improvements, whichever is greater, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4. For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by the developer shall be 50% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspections, the developer shall deposit the remaining 50% of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by the developer shall be 25% of the reasonably anticipated fees. When the balance on deposit drops to the 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspections, the developer shall make additional deposits of 25% of the reasonably anticipated fees. The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
[Added 10-6-1997 by Ord. No. 12-1997; amended 1-24-2005 by Ord. No. 2005-4; 11-10-2008 by Ord. No. 2008-12]
A. 
Purpose.
(1) 
In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.
(2) 
Pursuant to P.L. 2008, c. 46, Section 8 (N.J.S.A. 52:27D-329.2) and the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1 through N.J.S.A. 40:55D-8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have a COAH-approved spending plan may retain fees collected from nonresidential development.
(3) 
This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance P.L. 2008, c. 46, Sections 8 and 32 through 38.[1] Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate-income housing. This section shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:97-8.
[1]
Editor's Note: See N.J.S.A. 52:27D-329.2 and N.J.S.A. 40:55D-8.1 through 40:55D-8.7, respectively.
B. 
Basic requirements.
(1) 
This section shall not be effective until approved by COAH pursuant to N.J.A.C. 5:96-5.1.
(2) 
Delanco Township shall not spend development fees until COAH has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.
C. 
Definitions. The following terms, as used in this section, shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share Plan and includes, but is not limited to, an inclusionary development, a municipal construction project or a one-hundred-percent affordable development.
COAH or THE COUNCIL
The New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the state.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT FEE
Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through N.J.S.A. 54:1-35c).
GREEN BUILDING STRATEGIES
Those strategies that minimize the impact of development on the environment and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
D. 
Residential development fees.
(1) 
Imposed fees.
(a) 
Within all residential zoning districts, residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1 1/2% of the equalized assessed value for residential development, provided that no increased density is permitted.
(b) 
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers shall be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application. Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1% of the equalized assessed value on the first two units and the specified higher percentage up to 6% of the equalized assessed value for the two additional units, provided that zoning on the site has not changed during the two-year period preceding the filing of such a variance application.
(2) 
Eligible exactions, ineligible exactions and exemptions for residential development.
(a) 
Affordable housing developments and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
(b) 
Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, 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.
(c) 
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.
(d) 
Developers of residential structures demolished and replaced as a result of fire damage, flood or similar natural disaster shall be exempt from paying a development fee.
E. 
Nonresidential development fees.
(1) 
Imposed fees.
(a) 
Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new nonresidential construction on an unimproved lot or lots.
(b) 
Nonresidential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.
(c) 
Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the preexisting land and improvement and the equalized assessed value of the newly improved structure, i.e., land and improvement, at the time a final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.
(2) 
Eligible exactions, ineligible exactions and exemptions for nonresidential development.
(a) 
The nonresidential portion of a mixed-use inclusionary or market rate development shall be subject to the development fee, of 2.5% unless otherwise exempted below.
(b) 
The fee of 2.5% shall not apply to an increase in equalized assessed value resulting from alterations, change in use within the existing footprint, reconstruction, renovations and repairs.
(c) 
Nonresidential developments shall be exempt from the payment of nonresidential 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 Nonresidential Development Certification/Exemption" form. Any exemption claimed by a developer shall be substantiated by that developer.
(d) 
A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L. 2008, c. 46 shall be subject to it at such time as the basis for exemption no longer applies and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.
(e) 
If a property which was exempted from the collection of a nonresidential 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 nonresidential development fees under these circumstances may be enforceable by Delanco Township as a lien against the real property of the owner.
F. 
Collection procedures.
(1) 
Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a building permit. For nonresidential developments, the developer shall also be provided with a copy of Form N-RDF, "State of New Jersey Nonresidential Development Certification/Exemption," and complete as per the instructions provided.
(2) 
For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF, "State of New Jersey Nonresidential Development Certification/Exemption," to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The construction official shall verify the information submitted by the nonresidential developer as per the instructions provided in Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
(3) 
The construction official responsible for the issuance of a building permit shall notify the local Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.
(4) 
Within 90 days of receipt of that notice, the Municipal Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
(5) 
The construction official responsible for the issuance of a final certificate of occupancy notifies the local Assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
(6) 
Within 10 business days of a request for the scheduling of a final inspection, the Municipal Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.
(7) 
Should Delanco Township fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of Section 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).
(8) 
Fifty percent of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.
(9) 
Appeal of development fees.
(a) 
A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest-bearing escrow account by Delanco Township. Appeals from a determination of the Board may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
(b) 
A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by Delanco Township. Appeals from a determination of the Director may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
G. 
Affordable Housing Trust Fund.
(1) 
There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Chief Financial Officer of the Township of Delanco for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.
(2) 
The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
(a) 
Payments in lieu of on-site construction of affordable units;
(b) 
Developer-contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;
(c) 
Rental income from municipally operated units;
(d) 
Repayments from affordable housing program loans;
(e) 
Recapture funds;
(f) 
Proceeds from the sale of affordable units; and
(g) 
Any other funds collected in connection with Delanco Township's affordable housing program.
(3) 
Within seven days from the opening of the trust fund account, Delanco Township shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, the bank, and COAH, to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).
(4) 
All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH.
H. 
Use of funds.
(1) 
The expenditure of all funds shall conform to a spending plan approved by COAH. Funds deposited in the housing trust fund may be used for any activity approved by COAH to address Delanco Township's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to, preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through 8.9 and specified in the approved spending plan.
(2) 
Funds shall not be expended to reimburse the Township for past housing activities.
(3) 
At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region.
(a) 
Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments, and assistance with emergency repairs.
(b) 
Affordability assistance to households earning 30% or less of median income may include buying down the cost of low- or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income. The use of development fees in this manner shall entitle the Township of Delanco to bonus credits pursuant to N.J.A.C. 5:97-3.7.
(c) 
Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
(4) 
The Township may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.
(5) 
No more than 20% of all revenues collected from development fees may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the Affordable Housing Trust Fund.
I. 
Monitoring. Delanco Township shall complete and return to COAH all monitoring forms included in monitoring requirements related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with the Township's housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH or approved by the court. All monitoring reports shall be completed on forms designed by COAH.
J. 
Ongoing collection of fees. The ability for Delanco Township to impose, collect and expend development fees shall expire with its substantive certification from COAH or judgment of compliance from the court (as the case may be) unless the Township has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification or the entry of a judgment of compliance from the court, and has received COAH's approval of its development fee ordinance. If the Township fails to renew its ability to impose and collect development fees prior to the expiration of substantive certification or its judgment of compliance, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund established pursuant to Section 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). Delanco Township shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance, nor shall the Township retroactively impose a development fee on such a development. Delanco shall not expend development fees after the expiration of its substantive certification or judgment of compliance.