In interpreting and applying the provisions of this chapter,
the provisions hereof shall be deemed to be the minimum requirements
for the promotion of public safety, convenience, prosperity and general
welfare.
[Amended 10-20-2003 by Ord. No. 876; 2-23-2004 by Ord. No. 882]
There is a need to have an inspection requirement of all property
upon sale, transfer or change of ownership, vacancy and reoccupancy,
regardless if the business remains the same use, to ensure that all
of the Borough of Demarest's municipal ordinances are being complied
with and no change of use has occurred. If a change in use has occurred,
a business certificate of continued occupancy cannot be issued; instead,
the requirements of all Borough of Demarest zoning codes and the New
Jersey Uniform Construction Code certificate of occupancy shall be met.
A. The following shall be unlawful until a certificate of occupancy
shall have been applied for and issued by the Construction Code Official:
(1) Occupancy and use of a building hereafter erected, structurally altered
or moved or any change in the use of an existing building.
(2) Any change in the use or occupancy of an existing, nonresidential
building.
(3) Any change in the use or occupancy of any land.
(4) Any change in the use of a nonconforming use.
(5) Any change in the occupancy of a residential dwelling after its sale.
The certificate of occupancy may be issued up to two weeks prior to
the sale closing. The certificate of occupancy must be obtained by
the seller prior to the resale.
B. No certificate of occupancy shall be issued for any conditional use
of a building or of land requiring the approval of the Planning Board
unless and until such conditional use has been duly approved by the
Board. Every certificate of occupancy for a conditional use or in
conformance with a duly granted variance granted by the Board of Adjustment
shall contain a detailed statement of such conditional use or variance
and of any conditions to which the same is subject.
C. Application for a certificate of occupancy, on a form furnished by
the Building Inspector, for a new building or for an existing building
which has been altered shall be made after the erection of such building
or part thereof has been completed in conformity with the provisions
of this chapter and, in the case of a new building, shall be accompanied
by an accurate survey prepared by a land surveyor licensed by the
state, showing the location of all buildings as built. Such certificate
shall be issued within 10 days after receipt of the application, but
only provided that all requirements of this chapter and of all other
applicable codes and ordinances in effect are complied with. Attached
is the Borough certificate which is to become part of this chapter.
This form may be revised from time to time without the necessity of
a revision to this chapter.
D. If the proposed use is in conformity with the provisions of this
chapter and of all other applicable laws and ordinances, a certificate
of occupancy for the use of vacant land or for a change of use of
a nonconforming use shall be issued by the Building Inspector within
10 days after receipt of a written application therefor. If a certificate
of occupancy is denied, the Building Inspector shall state the reasons
therefore in writing.
E. Inspections.
(1) The Construction Official shall issue a certificate of occupancy
for a residential dwelling if inspection establishes that:
(a)
There are no visible safety problems, such as missing hand or
guardrails, or visible safety defects.
(b)
There has been no illegal work performed without permits and
inspections.
(c)
No illegal conversions have been made, i.e., one-family to two-family
or three-family homes, etc.
(2) The purpose of this change is to ensure that there are no violations
of either the zoning or building codes; specifically to check to see
that no illegal conversions of single-family homes to two-family and
to check for safety violations.
(3) The fee for such inspection shall be $75 payable to the Borough of
Demarest to cover administrative costs of inspection and assurance
of the continued certificate of occupancy. In addition, a fee of $35
shall be remitted to the Borough of Demarest Construction Official
upon verification of inspections and issuance of a certificate of
occupancy.
F. Every application for a certificate of occupancy shall state that
the building or the proposed use of a building or land complies with
all applicable provisions of this chapter.
G. A certificate of occupancy shall be required for both initial and
continued occupancy and use of the building or land to which it applies,
as certified.
H. A certificate of occupancy shall be required of all nonconforming
uses.
(1) Such certificate shall specify each condition or use not conforming
to this chapter.
(2) A new certificate shall be required if there is any change in use
or ownership from that specified.
(3) The Building Inspector shall issue such certificate if inspection
establishes that no provision of this chapter has been violated.
I. A record of all certificates of occupancy shall be kept in the office
of the Building Inspector, and copies shall be furnished on request
to any agency of the Borough or to any person having a proprietary
or tenancy interest in the building or land affected.
K. The issuance of either a certificate of compliance for residential
resale or a continued certificate of occupancy shall not preclude
the imposition of penalties upon the subsequent discovery of violations.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A.
40:55D-65, every application for development submitted to the Planning
Board or to the Board of Adjustment shall be accompanied by proof
that no taxes or assessments for local improvements are due or delinquent
on the property which is the subject of such application; or, if it
is shown that taxes or assessments are delinquent on said property,
any approvals or other relief granted by either Board shall be conditioned
upon either prompt payment of such taxes or assessments or the making
of adequate provision for the payment thereof in such manner that
the municipality will be adequately protected.
[Added 11-16-1998 by Ord.
No. 804.]
A. An applicant for a smoke detector certificate upon change of occupancy
of a structure used or intended for residential purposes by not more
than two households shall pay an application fee of $40.
B. An applicant for a smoke detector certificate in case of change of
occupancy of a structure used or intended for use for residential
purposes by not more than two households where a reinspection is required
shall pay a fee of $40 for each reinspection.
[Added 11-16-1998 by Ord.
No. 804]
A. For new construction of a one- or two-family residence, there shall
be an application made to the Zoning Officer. The application shall
be accompanied by an escrow deposit in the amount of $500 to cover
site inspections by the Borough Engineer. The sum posted hereunder
shall remain on deposit with the Borough until the Borough Engineer
certifies that all site inspections have been completed and all vouchers
for services rendered in connection with such services have been paid
in full, after which time any balance remaining shall be refunded.
This subsection is solely applicable to new construction on a vacant
lot.
B. In connection with an addition to a one- or two-family residence
where soil will be disturbed, applications shall be made to the Zoning
Officer. The application shall be accompanied by an escrow deposit
in the amount of $150 for construction of 750 square feet or less
plus $50 for each additional 250 square feet. The sum posted hereunder
shall remain on deposit with the Borough until the Borough Engineer
certifies that all site inspections have been completed and all vouchers
for services rendered in connection with such services have been paid
in full, after which time any balance remaining shall be refunded
upon issuance of a certificate of occupancy.
[Amended 7-15-1991 by Ord. No. 703]
Any owner, lessee or other person or persons who permit, take
part or assist in any violation of any provision of this chapter shall,
upon conviction for each and every violation thereof, be subject to
a fine not to exceed $1,000 or to imprisonment in the county jail
for not more than 90 days or to a period of community service not
exceeding 90 days, or all of the above, in the discretion of the Judge
imposing the same. When such violation shall continue for more than
one day, each day of the continuation of said offense shall be considered
as a separate violation of this chapter. No provision of this section
shall be construed to prevent the Borough of Demarest from taking
injunctive proceedings in the Superior Court of New Jersey or to any
other court for the proper enforcement of this chapter and the prevention
of continuance of violations of the same.
[Amended 4-15-1996 by Ord. No. 774; 3-16-2009 by Ord. No. 959; 6-22-2015 by Ord. No. 1025]
A. An applicant for a variance or conditional use shall remit to the
Borough of Demarest the following nonrefundable fees to pay Borough
expenses in connection with the application:
(1) Variance pursuant to N.J.S.A. 40:55D-70a or 40:55D-70b: $200.
(2) Variance pursuant to N.J.S.A. 40:55D-70c: $100 per variance requested,
with $200 minimum.
(3) Variance pursuant to N.J.S.A. 40:55D-70d: $500.
B. The application shall be accompanied by an escrow deposit in the
following amount:
(1) Variance pursuant to N.J.S.A. 40:55D-70a or 40:55D-70b: $500.
(2) Variance pursuant to N.J.S.A. 40:55D-70c: $250 per variance requested,
with $500 minimum.
(3) Variance pursuant to N.J.S.A. 40:55D-70d: $1,000.
C. The escrow deposit posted hereunder shall remain on deposit with
the Borough until the Attorney for the Zoning Board of Adjustment
certifies that all vouchers for services rendered in connection with
the preparation and publication of a resolution memorializing the
action of the Zoning Board of Adjustment with respect to the application
have been paid in full, after which time any balance remaining shall
be refunded upon issuance of a building permit.
[Added 8-20-2001 by Ord.
No. 841; amended 4-17-2010 by Ord. No. 971; 7-29-2019 by Ord. No. 1067-19]
A. Purpose. This section establishes standards for the collection, maintenance,
and expenditure of development fees that are consistent with COAH's
regulations developed in response to P.L. 2008, c. 46, Sections 8
and 32 through 38 (N.J.S.A. 52:27D-329.2) and the Statewide Nonresidential
Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7). Fees
collected pursuant to this section shall be used for the sole purpose
of providing very-low-, low- and moderate-income housing in accordance
with a court-approved spending plan.
B. Basic requirements.
(1) This section shall not be effective unless and until approved by
the Superior Court in connection with Demarest's declaratory judgement
action concerning its third-round affordable housing obligation.
(2) The Borough of Demarest shall not spend development fees until the
Superior Court has approved a spending plan for spending such fees.
C. Definitions. The following terms when used in this section shall
have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
A development included in or approved pursuant to the Housing
Element and Fair Share Plan or otherwise intended to address the Borough's
fair share obligation, and includes, but is not limited to, an inclusionary
development, a municipal construction project or a 100% affordable
housing development.
COAH
The Council on Affordable Housing, as established by the
New Jersey Fair Housing Act, or any successor agency charged with
the administration of the Fair Housing Act.
COURT
The Superior Court of New Jersey, Law Division, Bergen County.
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 authorized by Holmdel Builder's Association v. Holmdel Borough,
121 N.J. 550 (1990) and the Fair Housing Act of 1985, N.J.S.A. 52:27d-301
et seq., and regulated by applicable COAH rules.
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 54:1-35c).
GREEN BUILDING STRATEGIES
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) Imposition of fees.
(a)
Within the Borough of Demarest, all residential developers,
except for developers of the types of developments specifically exempted
below and developers of developments that include affordable housing,
shall pay a fee of 1.5% of the equalized assessed value for all new
residential development, provided no increased density is permitted.
(b)
When an increase in residential density is permitted pursuant
to a "d" variance granted under N.J.S.A. 40:55D-70d(5), developers
shall be required to pay a bonus development fee of 6% 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 affordable housing. 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) Eligible exactions, ineligible exactions and exemptions for residential
developments.
(a)
Affordable housing developments and/or developments where the
developer has made a payment in lieu of on-site construction of affordable
units, if permitted by ordinance or by agreement with the Borough
of Demarest, shall be exempt from the payment of development fees.
(b)
Developments that have received preliminary or final site plan
approval prior to the adoption of this section shall be exempt from
the payment of development fees, unless the developer seeks a substantial
change in the original approval. Where site plan approval is not applicable,
the issuance of a zoning permit and/or construction permit shall be
synonymous with preliminary or final site plan approval for the purpose
of determining the right to an exemption. In all cases, the applicable
fee percentage shall be determined based upon the Development Fee
Ordinance in effect on the date that the construction permit is issued.
(c)
Development fees shall not be collected for the expansion of
an existing dwelling unit and/or for the construction of an accessory
use.
(d)
Owners of residential structures demolished and replaced in-kind
as a result of a natural disaster shall be exempt from paying a development
fee.
E. Nonresidential development fees.
(1) Imposition of fees.
(a)
Within all zoning districts, nonresidential developers, except
for developers of the types of developments 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.
(b)
Within all zoning districts, nonresidential developers, except
for developers of the types of developments specifically exempted
below, 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 improvements and the equalized assessed
value of the newly improved structure, i.e. land and improvements,
and such calculation shall be made 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 a 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 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 the Statewide Nonresidential Development Fee
Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7), as specified in Form
N-RDF, "State of New Jersey Nonresidential Development Certification/Exemption."
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 the Statewide Nonresidential
Development Fee Act shall be subject to the 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 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 the Borough of Demarest 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 approving authority or entity shall notify
or direct its staff to notify the Construction Official responsible
for the issuance of a construction permit.
(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 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 construction
permit shall notify the Borough Tax Assessor of the issuance of the
first construction permit for a development which is subject to a
development fee.
(4) Within 90 days of receipt of such notification, the Borough Tax Assessor
shall prepare an estimate of the equalized assessed value of the development
based on the plans filed.
(5) The Construction Official responsible for the issuance of a final
certificate of occupancy shall notify the Borough Tax Assessor of
any and all requests for the scheduling of a final inspection on a
property which is subject to a development fee.
(6) Within 10 business days of a request for the scheduling of a final
inspection, the Borough Tax 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 Demarest 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) Except as provided in §
175-34 E(1)(c) hereinabove, 50% of the initially calculated development fee shall be collected at the time of issuance of the construction permit. The remaining portion shall be collected at the time of issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at the time of issuance of the construction permit and that determined at the time of issuance of the 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 Demarest.
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 the Borough of
Demarest. 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 Affordable Housing
Trust Fund to be maintained by the Chief Financial Officer of the
Borough of Demarest 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 a fraction of an
affordable unit, where permitted by ordinance or by agreement with
the Borough of Demarest;
(b)
Funds contributed by developers to make 10% of the adaptable
entrances in a townhouse or other multistory attached dwelling unit
development accessible;
(c)
Rental income from municipally operated units;
(d)
Repayments from affordable housing program loans;
(f)
Proceeds from the sale of affordable units; and
(g)
Any other funds collected in connection with Demarest's affordable
housing program.
(3) Noncompliance.
(a)
In the event of a failure by the Borough of Demarest to comply
with trust fund monitoring and reporting requirements or to submit
accurate monitoring reports; or a failure to comply with the conditions
of the judgment of compliance or a revocation of the judgment of compliance;
or a failure to implement the approved spending plan and to expend
funds within the applicable required time period as set forth in In
re Tp. of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (affirmed 442
N.J. Super. 563); or the expenditure of funds on activities not approved
by the court; or for other good cause demonstrating the unapproved
use(s) of funds, the court may authorize the State of New Jersey,
Department of Community Affairs (DCA), Division of Local Government
Services (LGS), to direct the manner in which the funds in the Affordable
Housing Trust Fund shall be expended, provided that all such funds
shall, to the extent practicable, be utilized for affordable housing
programs within the Borough of Demarest or, if not practicable, then
within the county.
(b)
Any party may bring a motion before the Superior Court presenting
evidence of such condition(s), and the Court may, after considering
the evidence and providing the municipality a reasonable opportunity
to respond and/or to remedy the noncompliant condition(s), and upon
a finding of continuing and deliberate noncompliance, determine to
authorize LGS to direct the expenditure of funds in the Trust Fund.
The Court may also impose such other remedies as may be reasonable
and appropriate to the circumstances.
(4) Interest accrued in the Affordable Housing Trust Fund shall only
be used to fund eligible affordable housing activities approved by
COAH or 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 Affordable Housing Trust Fund
may be used for any activity approved by the court to address the
Borough of Demarest'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; housing rehabilitation;
new construction of affordable housing units and related costs; accessory
apartments; a market to affordable program; 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; and/or any other activity
permitted by the court and specified in the approved spending plan.
(2) Funds shall not be expended to reimburse the Borough of Demarest
for past housing activities.
(3) At least 30% of all development fees collected and interest earned
on such fees 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 the median income
for Housing Region 1, in which Demarest is located.
(a)
Affordability assistance programs may include, but are not limited
to, 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. The specific programs to be used for affordability assistance
shall be identified and described within the spending plan.
(b)
Affordability assistance to households earning 30% or less of
median income may include, but are not limited to, 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 specific programs to be used for very-low-income
affordability assistance shall be identified and described within
the spending plan.
(c)
Payments in lieu of constructing affordable housing units on
site, if permitted by ordinance or by agreement with the Borough of
Demarest, and funds from the sale of units with extinguished controls
shall be exempt from the affordability assistance requirement.
(4) The Borough of Demarest may contract with a private or public entity
to administer any part of its Housing Element and Fair Share Plan,
including its programs for affordability assistance.
(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 consultants' fees
necessary to develop or implement a new construction program, prepare
a Housing Element and Fair Share Plan, and/or administer an affirmative
marketing program or a rehabilitation program.
(a)
In the case of a rehabilitation program, the administrative
costs of the rehabilitation program shall be included as part of the
20% of collected development fees that may be expended on administration.
(b)
Administrative funds may be used for income qualification of
households, monitoring the turnover of sale and rental units, and
compliance with monitoring requirements. Legal or other fees related
to litigation opposing affordable housing sites or related to securing
or appealing a judgment from the court are not eligible uses of the
Affordable Housing Trust Fund.
I. Monitoring. The Borough of Demarest shall provide annual reporting
of Affordable Housing Trust Fund activity to the New Jersey DCA, COAH,
LGS, or other entity designated by the State of New Jersey, with a
copy provided to Fair Share Housing Center and posted on the municipal
website, using forms developed for this purpose by the New Jersey
DCA, COAH or LGS. The reporting shall include an accounting of all
Affordable Housing Trust Fund activity, including the sources and
amounts of funds collected and the amounts and purposes for which
any funds have been expended.
J. Ongoing collection of fees.
(1) The ability for the Borough of Demarest to impose, collect and expend
development fees shall be permitted through the expiration of the
repose period covered by its judgment of compliance and shall continue
thereafter so long as the Borough of Demarest has filed an adopted
Housing Element and Fair Share Plan with the court or with a designated
state administrative agency, has petitioned for a judgment of compliance
from the court or for substantive certification or its equivalent
from a state administrative agency authorized to approve and administer
municipal affordable housing compliance and has received approval
of its Development Fee Ordinance from the entity that will be reviewing
and approving the Housing Element and Fair Share Plan.
(2) If the Borough of Demarest is not pursuing authorization to impose
and collect development fees after the expiration of its judgment
of compliance, it may be subject to forfeiture of any or all funds
remaining within its Affordable Housing 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).
(3) After the expiration of the judgment of compliance, if the Borough
does not pursue or obtain continued authorization, the Borough of
Demarest shall not impose a residential development fee on a development
that receives preliminary or final site plan approval, retroactively
impose a development fee on such a development, or expend any of its
collected development fees.