[Amended 7-13-2010 by Ord. No. 10-10R]
A.
All filing
fees for development applications as hereinafter required shall be
payable to the administrative officer at the time of filing the application.
All permits, determinations, resolutions or certifications of approval
are subject to the payment of all fees provided for in this section,
and no approvals shall be given by the Board until proof has been
submitted to it that the requisite fees have, in fact, been paid to
the administrative officer. Unless otherwise specified, the zoning
officer shall be the administrative officer.
B.
Notwithstanding anything herein contained to the contrary in this Chapter 184, no disabled person, or a parent or sibling of a disabled person, shall be charged any fee under § 184-36 related directly to any application for development which permits accessibility to the disabled person’s own living unit.
[Amended 4-11-2001 by Ord. No. 01-06R; 2-12-2002 by Ord. No.
02-02R; 6-14-2005 by Ord. No. 05-14R; 10-11-2006 by Ord. No.
05-18R; 12-14-2010 by Ord. No. 10-21R]
There is hereby established in connection with the various applications for development and other matters which are the subject of this section the following schedule of fees. Every applicant for development shall file with his/her application a filing fee as indicated in the following schedule. Requests for more than one of the items listed below shall require the payment of separate fees for each item, the sum of which shall be the total fees to be paid. In the event a government record is requested, the fees shall be as established in § 1-9 of the Borough Code.
A.
All "C" variances and exceptions, taken together as
a group regardless of number: $250.
[Amended 9-4-2018 by Ord.
No. 18-17R]
B.
Each "D" variance: $500.
[Amended 9-4-2018 by Ord.
No. 18-17R]
C.
Request for the issuance of permits for structures
in areas reserved on the Official Map or for lots not fronting upon
a street: $50.
D.
Appeal of the decision of the Zoning Officer regarding
zoning regulations: $150.
[Amended 9-4-2018 by Ord.
No. 18-17R]
E.
Interpretation of the zoning regulations, Zoning Map
or Official Map: $150.
[Amended 9-4-2018 by Ord.
No. 18-17R]
F.
Conditional use review: $250.
[Amended 9-4-2018 by Ord.
No. 18-17R]
G.
Informal review of concept plan: $50.
H.
Minor site plan: $250.
[Amended 9-4-2018 by Ord.
No. 18-17R]
I.
Minor subdivision: $250, plus $250 for each lot in
the proposed subdivision.
[Amended 9-4-2018 by Ord.
No. 18-17R]
J.
Preliminary major site plan: $200 for the first 20,000
square feet of lot area or fraction thereof, plus $20 for each 10,000
square feet or fraction thereof of lot area over 20,000 square feet,
plus $100 for the first 1,000 square feet of floor area of any new
building or alteration or addition to an existing building on the
subject property, plus $20 for each 1,000 square feet or fraction
thereof of new or altered or added floor area over 1,000 square feet;
provided that in no case shall the fee for preliminary major site
plan approval be less than $200 nor more than $400.
K.
Final major site plan: 50% of the fee required for
the preliminary site plan for the same development.
L.
Preliminary major subdivision: $400.
[Amended 9-4-2018 by Ord.
No. 18-17R]
M.
Final major subdivision: $600, plus $200 for each
lot over two in the proposed subdivision.
[Amended 9-4-2018 by Ord.
No. 18-17R]
N.
List of property owners within 200 feet of applicant's
property from current tax duplicates,: $0.25 per name or $10, whichever
is greater.
P.
Building permits: as specified by the Uniform Construction
Code, to be paid to the Borough Construction Official.
Q.
Certificates of occupancy: as specified by the Uniform
Construction Code, to be paid to the Borough Construction Official.
S.
For engineering inspection of site plans or subdivision
plats submitted for approval: $100 per hour of time spent by the Borough
Engineer.
T.
Mobile storage structure permit: $100 per permit per year. A permit shall be obtained for each mobile storage structure by application to the Zoning Officer who shall issue such permit if the mobile storage structure satisfies the requirements of this chapter, recognizing it is the intent of the Borough to prohibit all mobile storage structures, except as otherwise set forth in the definition of "mobile storage structures" in § 184-8. The fee shall be paid annually at the time an application is submitted. Should a mobile storage structure be replaced by another such structure during the year for which a permit fee has already been paid, no additional fee shall be exacted. Upon the permit's expiration, the mobile storage structure shall be removed unless a new permit is issued at least 30 days prior to the existing permit's expiration. No new permit shall be issued for more than one additional year.
U.
Signs: $100 for each commercial sign.
[Amended 3-8-2011 by Ord. No. 11-04R]
V.
Mobile storage structures at construction sites. A
permit is required for use in excess of 48 hours of each mobile storage
structure at a construction site, at a charge of $50, which use and
placement shall be limited to a maximum period of six months. The
permit may be extended for up to a maximum of three additional six-month
extensions.
W.
Fences: $35.
[Amended 3-8-2011 by Ord. No. 11-04R]
X.
Zoning approval for change in tenancy, i.e., approval
of a site plan waiver request approval: $150.
Y.
Shed: $50 for each shed under 100 square feet.
[Amended 3-8-2011 by Ord. No. 11-04R]
Z.
Zoning approval for new house: $200.
AA.
Zoning approval for installation/replacement of a
patio: $50 for each patio.
[Amended 9-4-2018 by Ord.
No. 18-17R]
A.
At the time of filing of an application for development,
appeal, or other matters pursuant to this chapter, the applicant shall
pay to the Board Secretary a deposit, in accordance with the schedule
below, to be used to reimburse the Borough for said professional services.
Deposits shall be placed in the Borough escrow account if required
pursuant to this chapter or the Municipal Land Use Law. In the case
of proposals requiring a combination of approvals, such as a subdivision,
site plan and/or variance(s), the applicant shall deposit an amount
equal to the sum of the deposits required for each application.
(1)
The Chief Financial Officer of the Borough shall make
all payments to professionals for services rendered to the Borough
or the Board for review of applications for development, review and
preparation of documents, inspection of improvements or other purposes
under the provisions of the Municipal Land Use Law or this chapter.
Such payments shall be made pursuant to "Vouchers for Charges," described
below.
(2)
Notwithstanding the above, if the Board determines
that professional services are not required in order to process and
review the application, no deposit shall be required. Notwithstanding
such determination, the Board may, at any time thereafter, determine
that professional services are required and require that the applicant
provide a deposit to the Board within 10 days of the date thereof.
B.
Schedule of deposits. The initial deposit for payment
of professional services shall be as set forth on the following schedule,
provided that if the Board Secretary determines that a greater initial
deposit than indicated on the following schedule is necessary to reimburse
the anticipated cost of professional services on a particular application,
such as, but not limited to circulation-intensive sites requiring
the services of a traffic engineering consultant, the applicant shall
be required to deposit said greater amount. All payments from such
deposits shall be made in accordance with N.J.S.A. 40:55D-53.2.
(2)
Appeal for "D" variance: $500 for each variance.
(4)
Appeal of the decision of the Zoning Officer: $300.
(5)
Interpretation of the zoning regulations, Zoning Map
or Official Map: $300.
(6)
Conditional use review. $750.
(7)
Informal review of concept plan: $150.
(8)
Minor site plan: $500.
(9)
Minor subdivision: $250 per lot.
(10)
Preliminary major site plans:
(a)
$3,000 for the first 20,000 square feet of site
area, plus
(b)
$250 for each additional 20,000 square feet
of site area, plus
(c)
$500 for the first 10,000 square feet of existing
and proposed building gross floor area, plus
(d)
$100 for each additional 10,000 square feet
of existing and proposed building gross floor area, up to a maximum
of $500 for additional gross floor area above 10,000 square feet.
(11)
Preliminary major subdivisions: $250 per lot.
(12)
Final major site plans:
(a)
If reviewed at same time as preliminary major
site plan: none.
(b)
If reviewed subsequent to preliminary major
site plan:
[1]
$150 for the first 20,000 square feet of site
area, plus
[2]
$50 for each additional 20,000 square feet of
site area, plus
[3]
$150 for the first 10,000 square feet of existing
and proposed building gross floor area, plus
[4]
$50 for each additional 10,000 square feet of
existing and proposed building gross floor area, up to a maximum of
$250 for additional gross floor area above 10,000 square feet.
(13)
Final major subdivisions: $100 per lot.
(14)
Zoning review: $50.
[Added 9-4-2018 by Ord.
No. 18-17R]
C.
Depletion of deposits. If an escrow account or deposit
contains insufficient funds, pursuant to N.J.S.A. 4055D-53.1 et seq.,
to enable the Borough or the Board to perform required application
reviews or inspections of improvements, the Chief Financial Officer
shall provide the applicant with a notice of the insufficient escrow
or deposit balance. In order for work to continue on the development
or the application, the applicant shall within a reasonable time period,
not to exceed 10 days, post a deposit to the account in an amount
to be determined by the Board. In the interim, any required health
and safety inspections shall be made and charged back against the
replenishment of funds.
D.
Failure to provide or maintain adequate deposit. No application shall be deemed complete and no action shall be taken by the Board until the initial deposit required by Subsection B above has been submitted. If the funds required by Subsection B above for professional services are not deposited in a timely manner, the Board Secretary shall notify the Board. No further action shall be taken on the application unless the deposits have been made by the applicant as required above. In the event that a delay in the payment or maintenance of the required deposits results in a substantial reduction in the available time for action by the Board, or any extension thereof as provided by this chapter, the Board may, at its discretion, dismiss the application.
E.
Eligible charges against deposit. All professional
charges for review of an application for development, review and preparation
of documents, or inspection of improvements shall be reasonable and
necessary, given the status and progress of the application or construction.
The following provisions shall apply:
(1)
Professional charges may include the services of a
duly licensed engineer, surveyor, planner, architect, landscape architect,
court reporter, traffic expert (can be unlicensed), attorney, realtor,
appraiser or other expert providing professional services to ensure
that an application complies with the standards set forth in this
chapter and other experts whose testimony is in an area of expertise
introduced by any of the applicant's experts or in areas where the
Board requires further information; provided that such charges shall
not include time expended by the Zoning Officer.
(2)
Application review and inspection charges shall be
limited only to professional charges for review of applications, review
and preparation of documents and inspections of developments under
construction and review by outside consultants when an application
is of a nature beyond the scope of the expertise of the professionals
normally utilized by the Borough. The charges shall be for the following
services:
(a)
Reviews by professional personnel of applications
and accompanying documents;
(b)
Issuance of reports by professional personnel
to the Board setting forth recommendations;
(c)
Charges for any telephone conferences or meetings
requested or initiated by the applicant, his or her attorney or any
of his or her experts or by the Board or any of its professionals;
(d)
Review of documents submitted by the applicant
not required by this chapter and issuance of reports relating thereto;
(e)
Review or preparation of easement documents,
developers agreements, deeds or the like;
(f)
Preparation for attendance at special meetings;
and
(g)
The preparation of resolutions including without
limitation resolutions pertaining to an application concerning which
the resolution must contain a summary of two or more witnesses, including
experts, testifying on behalf of the applicant in order for the resolution
to contain adequate findings of fact and conclusions based thereon
pursuant to this chapter or the Municipal Land Use Law.
(3)
Professional charges may also include the costs of
expert advice and/or testimony obtained by the Board for the purpose
of corroborating testimony of the applicant's experts, or providing
a separate review which the Board deems necessary to make an informed
decision, provided that:
(a)
This provision shall not entitle the Borough
to reimbursement for the cost of expert advice and/or testimony at
a regularly scheduled meeting of the Board, when such advice and/or
testimony is provided in the expert's capacity as a full-time or part-time
Borough employee; and
(b)
The Board shall give prior notice to the applicant
of its intention to obtain such additional expert advice or testimony
and afford the applicant an opportunity to be heard as to the necessity
for such additional advice or testimony and as to the definition of
the limitations on the nature and extent thereof.
F.
Exceptions and Limitations. The following limitations
shall apply to the charges for professional services:
(1)
Except as otherwise set forth in § 184-37E above, attendance by the Borough's professional personnel at any regularly scheduled meeting of the Board; provided, however, that the Borough shall be entitled to be reimbursed for attendance of its professional employees, including court reporters, secretaries, attorneys, etc., at special meetings of the Board which are called at the applicant's request. Nothing contained herein shall be construed as requiring the Board to grant an applicant's request to hold a special meeting;
(2)
The time spent by the Zoning Officer with respect
to the review and processing of an application;
(3)
Except as otherwise set forth in § 184-37E above, the preparation of a resolution of memorialization setting forth the findings of fact and conclusions of the Board with respect to an application.
(4)
Limitations. The following limitations shall apply
to the charges for professional services:
(a)
Review fees shall be charged only in connection
with an application for development presently pending before the Board,
or review of compliance with conditions of approval, or review of
requests for modification or amendment made by the applicant. A professional
shall not review items which are subject to approval by any state
governmental agency and not under Borough jurisdiction, except to
the extent consultation with a state agency is necessary due to the
effect of state approvals upon the subdivision or site plan.
(b)
Inspection fees shall be charged only for actual
work shown on a subdivision or site plan required by an approving
resolution. Professionals inspecting improvements that are reasonably
necessary to check the progress and quality of the work and such inspections
shall be reasonably based on the approved development plans and documents.
(c)
The only costs that shall be added to any such
charges shall be actual out-of-pocket expenses of any such professionals
or consultants including normal and typical expenses incurred in processing
applications and inspecting improvements.
(d)
The Borough or Board shall not bill the applicant,
or charge any escrow account or deposit authorized herein for any
Borough clerical or administrative functions, overhead expenses, meeting
room charges, or any other Borough costs and expenses except as provided
for in this section, nor shall a Borough professional add any such
charges to his or her bill.
(e)
If the Borough retains a different professional
or consultant in the place of the professional originally responsible
for development application review, or inspection of improvements,
the Borough shall be responsible for all time and expenses of the
new professional to become familiar with the application or the project,
and the Borough or the Board shall not bill the applicant or charge
the deposit or the escrow account for any such services.
G.
Rates of payment for professional services. If the
salary, staff support and overhead for a professional are provided
by the Borough, the hourly rate charged to the deposit from said professional
shall be at 200% of the sum of the products resulting from multiplying
the hourly base salary, which shall be established annually by ordinance,
of each of the professionals by the number of hours spent by the respective
professional upon review of the application for development or inspection
of the developer's improvements, as the case may be. For other professionals,
the charge shall be at the same rate as all other work of the same
nature by the professional for the Borough when fees are not reimbursed
or otherwise imposed on applicants or developers. Rates for professional
services shall be in accordance with a schedule of professional fees
filed annually with the Board Secretary and maintained in the office
of the Borough Clerk for public inspection.
H.
Vouchers for payment of professional services. Each
payment charged to a deposit for the review of applications, review
and preparation of documents and inspection of improvements shall
be pursuant to a voucher from the professional. The processing of
vouchers shall be in accordance with the following:
(1)
The voucher shall describe the services provided,
identify the personnel performing the service, and for each date the
services are performed, the hours spent to one-quarter-hour increments,
the hourly rate and the expenses incurred.
(2)
All professionals shall submit vouchers to the Chief
Financial Officer of the Borough on a monthly basis in accordance
with the schedules and procedures established by the Chief Financial
Officer of the Borough.
(3)
If the services are provided by a Borough employee,
the Borough employee shall prepare and submit to the Chief Financial
Officer of the Borough a statement containing the same information
as required on a voucher, on a monthly basis.
(4)
The professional shall send an informational copy
of all vouchers or statements submitted to the Chief Financial Officer
simultaneously to the applicant.
(5)
The Chief Financial Officer shall prepare and send
to the applicant a statement which shall include an accounting of
funds listing all deposits, interest earnings, disbursements, and
the cumulative balance of the escrow account. This information shall
be provided on a quarterly basis, if monthly charges are $1,000 or
less, or on a monthly basis if monthly charges exceed $1,000.
I.
Appeals of charges. An applicant shall notify in writing
the Governing Body, with copies to the Chief Financial Officer, the
Board and the professional, whenever the applicant disputes the charges
made by a professional for services rendered to the Borough in reviewing
applications for development, review and preparation of documents,
inspection of improvements, or other charges made pursuant to the
Municipal Land Use Law. The following shall apply:
(1)
An applicant shall file an appeal within 45 days from receipt of the information copy of the professional's voucher required by § 184-37H except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his or her appeal within 60 days from receipt of the Borough statement of activity against the deposit or escrow account required by § 184-37H(5).
(2)
The Governing Body, or its designee(s), shall within
a reasonable time period attempt to mediate any disputed charges.
(3)
If the matter is not resolved to the satisfaction
of the applicant, the applicant may appeal to the Union County Construction
Board of Appeals established under N.J.S.A. 52:27D-127. An applicant
or his or her authorized agent shall submit the appeal in writing
to the County Construction Board of Appeals. The applicant or his
or her authorized agent shall simultaneously send a copy of the appeal
to the Borough, the Board, and any professional whose charge is the
subject of the appeal. The procedures followed by the County Construction
Board of Appeals shall be as set forth in N.J.S.A. 40:55D-53.2b and
c.
(4)
An applicant may file an appeal for an ongoing series
of charges by a professional during a period not exceeding six months
to demonstrate that they represent a pattern of excessive or inaccurate
charges. An applicant making use of this provision need not appeal
each charge individually.
(5)
During the pendency of any appeal, the Borough 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 and 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 under this subsection.
The Chief Financial Officer may pay charges out of the appropriate
escrow account or deposit for which an appeal has been filed.
(6)
If a charge is disallowed after payment, the Chief
Financial Officer shall reimburse the deposit or 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 Borough, the professional
or consultant shall reimburse the Borough in the amount of any such
disallowed charge.
The developer shall reimburse the Borough for
all reasonable inspection fees paid to the Borough Engineer for the
inspection of improvements required pursuant to this chapter. Prior
to the initiation of any construction approved pursuant to this chapter,
the developer shall deposit with the Board Secretary sufficient funds
to reimburse the Borough for inspection fees paid to the Borough Engineer.
The Borough Engineer shall not perform any inspection if sufficient
funds to pay for those inspections are not on deposit. Deposits shall
be as follows:
A.
The developer shall deposit for the inspection fees
an amount with the Borough not to exceed, except for extraordinary
circumstances, the greater of $500 or 5% of the cost of improvements,
which cost shall be determined pursuant to this chapter.
B.
For those developments for which the reasonably anticipated
inspection fees are less than $10,000, inspection fee deposits may,
at the option of the developer, be paid in two installments. The initial
amount deposited by a developer shall be 50% of the reasonably anticipated
inspection fees. When the balance on deposit drops to 10% of the reasonable
anticipated inspection fees because the amount deposited by the developer
has been reduced by the amount paid to the Borough Engineer for inspection,
the developer shall deposit the remaining 50% of the anticipated inspection
fees.
C.
For those developments for which the reasonably anticipated
inspection fees are $10,000 or greater, inspection fee deposits may,
at the option of the developer, be paid in four installments. The
initial amount deposited by a developer shall be 25% of the reasonably
anticipated fees. When the balance on deposit drops to 10% of the
reasonably anticipated fees because the amount deposited by the amount
paid to the Borough Engineer for inspection, the developer shall make
additional deposits of 25% of the reasonably anticipated fees.
A.
Before recording of final subdivision plats or as
a condition of final site plan approval or as a condition to the issuance
of a zoning approval pursuant to this chapter, the Board may require
and shall accept performance and maintenance guarantees for the purpose
of assuring the installation and maintenance of on tract improvements.
Such performance and maintenance guarantees shall be in accordance
with the following standards:
(1)
Performance guarantees. The following standards shall
apply to the administration of performance guarantees:
(a)
Amount of performance guarantee. The performance
guarantee for the installation of those improvements required shall
be in favor of the Borough in an amount equal to 120% of the cost
of such improvements. The cost of said improvements shall be determined
by the Borough Engineer based on documented construction costs for
improvements prevailing in the general area of the Borough. The Borough
Engineer shall prepare an itemized cost estimate of the improvements
covered by the performance guarantee, which estimate shall be appended
to each performance guarantee posted by the obligor.
(2)
Form of guarantee. At least 10% of the performance
guarantee shall be in the form of cash or a certified check made payable
to the Borough. The balance of the performance guarantee shall be
in the form of any security issued by an institution authorized to
issue such securities in the State of New Jersey and which may be
accepted by the Borough and approved by the Borough Attorney, including
but not limited to surety bonds, cash and letters of credit; provided
that the Borough shall only accept an irrevocable letter of credit
if it:
(a)
Constitutes an unconditional payment obligation
of the issuer running solely to the Borough for an express initial
period of time of at least one year but not more than two years from
the date of final approval;
(b)
Is in the amount determined by the Borough Engineer
or the Governing Body, as applicable, as provided herein, less the
amount of any other forms of guarantee furnished;
(c)
Is issued by a banking or savings institution
authorized to do and doing business in the State of New Jersey; and
(d)
Permits the Borough to draw upon the letter
of credit if the obligor fails to furnish another letter of credit
which complies with the provisions of this section 30 days or more
in advance of the expiration date of the letter of credit or such
longer period in advance thereof as is stated in the letter of credit.
(3)
Time allowed for completion of improvements. The performance
guarantee shall state the time period within which all improvements
are to be installed by the developer. No performance guarantee shall
run for a term longer than two years, except as provided otherwise
by this chapter.
(4)
Extension of time allowed for completion of improvements.
The time allowed for installation of the improvements for which the
performance guarantee has been provided may be extended by the Governing
Body by resolution. As a condition or as part of any such extension,
the amount of any performance guarantee shall be increased or reduced,
as the case may be, to an amount not to exceed 120% of the cost of
the installation at the time of the resolution. The cost of the installation
shall be determined by the Borough Engineer as provided herein for
the initial cost determination.
(5)
Failure to complete improvements within time specified.
If the required improvements are not completed or corrected in accordance
with the performance guarantee, the obligor and surety, if any, shall
be liable thereon to the Borough for the reasonable cost of the improvement
not completed or corrected. The Borough may, either prior to or after
receipt of the proceeds thereof, complete such improvements or use
said funds to restore the property to a safe condition so that the
subject property in its unfinished development state does not adversely
affect the public safety or adversely impact the environment. Such
completion or correction of improvements shall be subject to the public
bidding requirements of the Local Public Contracts Law.
(6)
Release of performance guarantee. Release of performance
guarantees shall be in accordance with the following procedure:
(a)
Upon substantial completion of all required
street improvements (except for the top course) and appurtenant utility
improvements, and the connection of same to the public system, the
obligor may request of the Governing Body that the Borough Engineer
prepare a list of all uncompleted or unsatisfactory completed improvements.
The request to the Mayor and Council shall be made in writing by certified
mail addressed to the Borough Clerk, with a copy of the request to
be sent to the Borough Engineer. The request shall indicate which
improvements have been completed and which improvements remain uncompleted
in the judgment of the obligor.
(b)
Upon receiving the obligor's request, the Borough
Engineer shall inspect all improvements covered by the obligor's request
and shall file a detailed list and report, in writing, to the Governing
Body, and shall simultaneously send a copy thereof to the obligor
not later than 45 days after receipt of the obligor's request.
(c)
The detailed list prepared by the Borough Engineer
shall be in accordance with the itemized cost estimate prepared by
the Borough Engineer, which estimate shall have been appended to the
performance guarantee as required herein. The list prepared by the
Borough Engineer shall state, in detail, with respect to each improvement
determined to be incomplete or unsatisfactory, the nature and extent
of the incompleteness of each incomplete improvement or the nature
and extent of, and remedy for, the unsatisfactory state of each completed
improvement determined to be unsatisfactory.
(d)
The report prepared by the Borough Engineer
shall identify each improvement determined to be complete and satisfactory
together with a recommendation as to the amount of reduction to be
made in the performance guarantee relating to the completed and satisfactory
improvement. The recommended reduction shall be in accordance with
the itemized cost estimate prepared by the Borough Engineer, which
cost estimate shall have been appended to the performance guarantee
as required herein.
(e)
The Governing Body, by resolution, shall either
approve the improvement determined to be complete and satisfactory
by the Borough Engineer, or reject any or all of these improvements.
The cause for any rejection shall be stated in the resolution. If
any portion of the required improvements is rejected, the approving
authority may require the obligor to complete or correct such improvements
and, upon completion or correction, the same procedure of notification
as required herein, shall be followed.
(f)
For accepted improvements, the Governing Body
shall approve and authorize the amount of reduction to be made in
the performance guarantee relating to the improvements accepted. Any
authorized reduction shall be in accordance with itemized cost estimate
prepared by the Borough Engineer, which cost estimate shall have been
appended to the performance guarantee as required herein. The resolution
shall be adopted not later than 45 days after receipt of the list
and report prepared by the Borough Engineer.
(g)
Any partial reduction granted in the performance
guarantee as provided shall be applied to the cash deposit in the
same proportion as the original cash deposit bears to the full amount
of the performance guarantee.
(7)
Failure of the Borough Engineer or the Governing Body
to act.
(a)
If the Borough Engineer or the Governing Body
fails to act on the request for release of a performance guarantee
within the time required the obligor may apply to the court in the
manner provided below; provided that nothing herein shall be construed
to limit the right of the obligor to contest by legal proceedings
any determination of the Governing Body or the Borough Engineer.
(b)
If the Borough Engineer fails to send or provide
the list and report as requested by the obligor as required herein
within 45 days from receipt of the request, the obligor may apply
to the court in a summary manner for an order compelling the Borough
Engineer to provide the list and report within a stated time. The
cost of applying to the court, including reasonable attorney's fees,
may be awarded to the prevailing party.
(c)
If the Governing Body fails to approve or reject
the improvements determined by the Borough Engineer to be complete
and satisfactory or reduce the performance guarantee for the complete
and satisfactory improvements within 45 days from the receipt of the
Borough Engineer's report, the obligor may apply to the court in a
summary manner for an order compelling, within a stated time, approval
of the complete and satisfactory improvements and approval of a reduction
in the performance guarantee for the approvals complete and satisfactory
improvements in accordance with the itemized cost estimate prepared
by the Borough Engineer, which cost estimate shall have been appended
to the performance guarantee as required herein. The cost of applying
to the court, including reasonable attorney's fees, may be awarded
to the prevailing party.
B.
Maintenance guarantee. After final acceptance of required
improvements, a maintenance guarantee shall be required to be posted
with the Borough. Except as specifically provided otherwise below,
maintenance guarantee shall be administered in the same manner as
performance guarantees as provided by this chapter.
(1)
Amount of maintenance guarantee. The maintenance guarantee
shall be in favor of the Borough in an amount equal to 15% of the
cost of such improvements. The cost of said improvements shall be
determined by the Borough Engineer in the same manner as provided
herein for performance guarantees.
(2)
Form of guarantee. The maintenance guarantee shall
be in the form accepted by the Borough and approved by the Borough
Attorney, including but not limited to surety bonds, cash and/or letter
of credit; provided that acceptance of irrevocable letters of credit
shall be subject to the same conditions as provided herein for performance
guarantees.
(3)
Time required for maintenance guarantee. The maintenance
guarantee shall be required to run for a period of two years, which
shall be stated in the guarantee.
C.
Exception for improvements related to other jurisdictions.
In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed or the improvements
are covered by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the Borough for such utilities or improvements.
D.
Final approval by stages or sections of development.
In the event that final approval is by stages or sections of development
as provided by this article, the provisions of this section shall
be applied by stage or section of development.§ 184-40.
Administration of deposits and escrows.
E.
Deposits received for professional services employed
by the Borough to review applications for development, for Borough
inspections fees in accordance with this article, or to satisfy the
guarantee requirements of this article shall be administered in accordance
with the following procedures:
(1)
Collection, processing and maintenance of deposits.
All funds shall be collected by the Board Secretary. The Secretary
of the Board shall maintain account records, process invoices, etc.
for the Board. The actual escrow deposit shall be maintained by the
Borough Treasurer.
(2)
Deposits to be held in escrow. Whenever an amount
of money shall be deposited by an applicant with the Borough, the
money, until repaid or applied to the purposes for which it is deposited,
including the applicant's portion of the interest earned thereon,
except as otherwise provided in this article, shall continue to be
the property of the applicant and shall be held in trust by the Borough.
Deposits received pursuant to this article shall be held in escrow
and deposited in a banking institution or savings and loan association
in New Jersey insured by an agency of the federal government, or any
other fund or depository approved for such deposits by the State of
New Jersey. Such deposits shall be placed in an account bearing interest
at the maximum rate currently paid by the institutions or depository
on time or savings deposits. The Borough shall notify the applicant
in writing of the name and address of the institution or depository
in which the deposit is made and the amount of deposit.
(3)
Refund of deposits; interest. Any of the funds remaining
in the deposit, excluding interest, upon completion of the purpose
for which the deposit was made shall be returned to the applicant
and the account shall be terminated. For deposits over $5,000 placed
in an interest bearing account pursuant to this article, refunds of
interest shall be made as follows:
(a)
The Borough shall not be required to refund
an amount of interest paid on a deposit which does not exceed $100
for the year.
(b)
If the amount of interest exceeds $100 for the
year, that entire amount shall belong to the applicant and shall be
refunded to him or her by the Borough 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 Borough may retain for administrative
expenses a sum equivalent to no more than 1/3 of that entire amount,
which shall be in lieu of all other administrative and custodial expenses.
No subdivision plat or deed or site plan shall
be signed, nor shall any zoning approval, building permit, certificate
of occupancy or any other type of permit be issued with respect to
any approval application for development until:
A.
All applicable fees have been paid;
B.
All bills for reimbursable services have been received
by the Borough from professional personnel rendering services in connection
with such application, and the payment of such bills has been approved
by the Borough;
C.
The applicant has reimbursed the Borough for the excess
of all bills for professional services over the escrow amount otherwise
herein provided for.
A.
A nonrefundable application fee of $50 shall be submitted,
together with a review and inspection fee of $100 for the first 1/4
acre and $50 for each additional 1/4 acre or portion thereof on which
tree removal activities are proposed.
B.
An escrow fee in an amount not less than 1% of the
estimated replacement cost or $1,000, whichever is greater, may be
required by the Board to cover expenses of outside agency review of
the application and site inspection subsequent to completion of the
tree removal activities. Any unused balance will be returned to the
applicant after final approval.
C.
A performance guaranty shall be submitted upon approval
of an application in an amount estimated by the Borough Engineer to
cover the cost of the replacement plan and/or for soil stabilization
on the property.
D.
Notwithstanding any limitations otherwise set forth
in this chapter, following completion of the planting of trees in
accordance with the approved replacement plan and as a condition of
the release of the performance guaranty, the permit holder shall post
a maintenance guaranty with the Borough Clerk for maintenance of the
replacement trees. The maintenance guaranty, which may be a surety
bond, shall not exceed 15% of the costs of the replacement plan and
shall be posted for a period not to exceed two years after acceptance
of the completed replacement plan. Under the maintenance guaranty,
an 85% survival rate for the two year guaranty, period shall be considered
satisfactory.
[Amended 8-12-2003 by Ord. No. 03-17R; 10-11-2005 by Ord. No. 05-17R; 12-9-2008 by Ord. No. 08-20R; 9-13-2011 by Ord. No. 11-13R; 2-18-2014 by Ord. No. 14-01R; 12-5-2016 by Ord. No. 16-15R]
A.
Purpose.
(1)
In Holmdel Builders Association v. Holmdel Township. 121 NJ 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 Non-residential Development Fee Act (N.J.S.A. 40:55D-8.1
through 40:55D-8.7), the Council on Affordable Housing (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 a court of competent jurisdiction
and have an approved spending plan may retain fees collected from
nonresidential development.
(3)
Pursuant to the March 10, 2015, Supreme Court Order, the Court transferred
all functions, powers, and duties to the Courts. Any and all references
to COAH shall mean the Courts or successor agency to COAH if such
entity is established by statute.
(4)
This chapter establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to the Court's regulations
and in accordance P.L. 2008, c. 46, Sections 8 and 32 through 38.
B.
Basic requirements.
(1)
This section shall not become effective until approved by the Court
pursuant to N.J.A.C. 5:96-5.1.
(2)
The Borough of Fanwood shall not spend development fees until the
Court 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.
(3)
This section shall be interpreted within the framework of COAH's
last adopted rules on development fees, codified at N.J.A.C. 5:97-8,
as same may be interpreted and applied by the Court.
C.
Definitions.
(1)
AFFORDABLE HOUSING DEVELOPMENT
COAH or the COUNCIL
DEVELOPER
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
The following terms, as used in this section, shall have the following
meanings:
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 100% affordable development.
The New Jersey Council on Affordable Housing established
under the Fair Housing Act which previously had primary jurisdiction
for the administration of housing obligations in accordance with sound
regional planning consideration in the state. Pursuant to the Executive
Reorganization Act of 1969, P.L. 1969, c. 203 (N.J.S.A. 52:14C-1 et
seq.), the Governor abolished the Council and transferred all functions,
powers, and duties to the Commissioner of the Department of Community
Affairs, effective August 29, 2011. As such, any and all references
to COAH shall mean the Department.
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.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.
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 54:1-35c).
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.
Imposition of affordable housing development fees.
(1)
Residential development.
(a)
Within all the Borough zoning districts, residential developers,
except for developers of the types of development specifically exempted
below, shall pay a fee of 1.5% of the equalized assessed value for
residential development, provided that no increased density is permitted.
(b)
Where an increase in density is permitted through a variance
granted pursuant to N.J.S.A. 40:55D-70d(5) or a rezoning, redevelopment
plan, or redevelopment plan amendment that is adopted after the effective
date of this chapter, developers shall be required to pay a development
fee of 6.0% of the equalized assessed value for each additional unit
that may be realized, except that this provision shall not be applicable
to a development that will include a set-aside of affordable housing
units. 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.
(2)
Nonresidential development.
(a)
Within all zoning districts, nonresidential developers, except
for developers of the types of development specifically exempted below,
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, provided that no increase in floor area is
permitted.
(b)
Nonresidential developers, except for developers of the types
of development specifically exempted below, shall pay a fee equal
to 2.5% of the increase in total 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 improvements and the equalized assessed
value of the newly improved structure, i.e., land and improvements,
at the time the 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.
(d)
Developers that convert any portion of an existing residential
structure to a nonresidential use shall pay a development fee of 2.5%.
The development fee shall be calculated based on the increase in the
equalized assessed value of the converted structure.
E.
Eligible exactions, ineligible exactions and exemptions.
(1)
Residential development.
(a)
Developers of low- and moderate-income housing shall be exempt
from paying development fees, including developments where the developer
is providing affordable units elsewhere in the Borough or is making
a payment in lieu of construction of on-site affordable housing units
and further provided that the minimum number of affordable units required
for the development is completed in accordance with this chapter.
A payment-in-lieu-of-construction or development fee payment shall
only be used to fund affordable housing activities within the Borough
in accordance with N.J.A.C. 5:97 or as approved by COAH or the Court.
(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 applicable
development fee percentage shall be vested on the date that the building
permit is issued.
(c)
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.
(d)
Development fees shall be imposed and collected when an existing
non-owner-occupied residential structure is demolished and replaced.
The development fee shall be calculated on the increase in the equalized
assessed value of the improved structure.
(e)
Development fees shall be imposed and collected when an existing
structure undergoes a change to a more intense use, which requires
the issuance of a certificate of occupancy (for example, when a single-family
home is converted to a two-family home or a single-family home is
converted to an apartment building). The development fee shall be
calculated on the increase in the equalized assessed value of the
improved structure.
(f)
Development fees shall be imposed and collected when a certificate
of occupancy is issued for a new residential unit on a newly created
lot that is the result of a subdivision. The development fee shall
be calculated on the equalized assessed value of the land and improvements.
(g)
A person renovating and/or expanding an existing family home,
and expending 50% or less of the current assessed value of such home
in performing such renovation and/or expansion, shall be exempt from
the payment of a development fee.
[Amended 5-7-2018 by Ord.
No. 18-03R]
(2)
Nonresidential development.
(a)
The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to the 2.5% development fee, unless
otherwise exempted below.
(b)
The 2.5% development fee shall not apply to an increase in equalized
assessed value resulting from alterations, change in use within the
existing building 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,[1] 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.
[1]
Editor's Note: See N.J.S.A. 40:55D-8.1 et seq.
(d)
A developer of a nonresidential development exempted from the
nonresidential development fee pursuant to P.L. 2008, c. 46 shall
be subject to the development fee at such time as the basis for the
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 for the
nonresidential development, whichever is later.
(e)
If a property that 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 the Borough of Fanwood as a lien against the
real property of the owner.
(f)
Developers that have received final approval prior to the adoption
of a municipal development fee ordinance shall be exempt from paying
a development fee, unless the developer seeks a substantial change
in the approval.
F.
Collection of fees.
(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.
(2)
For nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF "State of New Jersey Non-residential
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 the 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 shall notify 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 associated
with the development; calculate the development fee; and thereafter
notify the developer of the amount of the fee.
(7)
Should the Borough of Fanwood 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 the Borough of Fanwood. Appeals
from a determination of the Board may be made to the tax court in
accordance with the provisions of the State Uniform Tax 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 the Borough of
Fanwood. Appeals from a determination of the Director may be made
to the tax court in accordance with the provisions of the State Uniform
Tax 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 Borough
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, if collected by the Borough, 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 construction of affordable units, shall
be separately identifiable from other payments as a subaccount within
the Affordable Housing Trust Fund;
(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 the Borough of
Fanwood's affordable housing program.
(3)
Within seven days from the opening of the trust fund account, the
Borough of Fanwood shall provide the Court with written authorization,
in the form of a three-party escrow agreement between the municipality,
the bank, and the Court to permit the Court 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
to fund eligible affordable housing activities approved by the Court.
H.
Use of funds.
(1)
The expenditure of all funds shall conform to a spending plan approved
by the Court. Funds deposited in the housing trust fund may be used
for any activity approved by the Court to address the Borough of Fanwood'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 the Housing Element and Fair Share Plan; or,
any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through
5:97-8.9 and specified in the approved spending plan.
(2)
Funds shall not be expended to reimburse the Borough of Fanwood for
past affordable 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.
(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 Borough of Fanwood 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 the Court'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.
(1)
The Borough of Fanwood shall complete and return to the New Jersey
Department of Community Affairs (NJDCA), local government services,
all monitoring forms required in connection with 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 its housing program, as well
as in connection with the expenditure of revenues and implementation
of the plan approved by the Court.
(2)
All monitoring reports shall be completed on forms designed by the
NJDCA or successor entity for that purpose.
J.
Ongoing collection of fees.
(1)
The ability for the Borough of Fanwood to impose, collect and expend
development fees shall expire with the end of the repose period covered
by its judgment of compliance unless the Borough of Fanwood has filed
an adopted Housing Element and Fair Share Plan with the Court or with
a designated administrative entity of the State of New Jersey, has
petitioned for a judgment of compliance or substantive certification,
and has received approval of its development fee ordinance by the
entity that will be reviewing the Housing Element and Fair Share Plan.
(2)
If the Borough of Fanwood fails to renew its ability to impose and
collect development fees prior to the expiration of 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). The Borough
of Fanwood shall not impose a development fee on a development that
receives preliminary or final site plan approval after the expiration
of its judgment of compliance, nor shall the Borough of Fanwood retroactively
impose a development fee on such a development. The Borough of Fanwood
shall not expend any development fees after the expiration of its
judgment of compliance.
