The ability for the Town of Westfield to impose, collect and
expend development fees shall expire with its judgment of compliance
unless the Town of Westfield has filed an adopted Housing Element
and Fair Share Plan with COAH, has petitioned a judgment of compliance
and has received the court's approval of its development fee ordinance.
If the Town of Westfield fails to renew its ability to impose and
collect development fees prior to the expiration of 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 (C. 53:27D-320). The Town of Westfield
shall not impose a residential development fee on a development that
receives preliminary or final site plan approval after the expiration
of its substantive certification or judgment of compliance, nor shall
the Town of Westfield retroactively impose a development fee on such
a development. The Town of Westfield shall not expend development
fees after the expiration of its judgment of compliance.