Township of Green, NJ Article III Administration and General Procedures

§ 30-5 PROCEDURES ESTABLISHED.

§ 30-5.1 Administrative Procedures.

[1979 Code § 64-5; Ord. No. 2017-02]

Every municipal agency shall adopt and may amend reasonable rules and regulations, not inconsistent with this chapter, for the administration of its functions, powers and duties and shall furnish a copy thereof to any person upon request and may charge a reasonable fee for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the Township Clerk.

§ 30-5.2 Meetings.

[1979 Code § 64-6; Ord. No. 2017-02]

a. Every municipal agency shall by its rules fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the municipal agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process. The municipal agency may provide for special meetings at the call of the Chairman or on the request of any two of its members, which shall be held on notice to its members and the public in accordance with municipal regulations. No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of quorum except as otherwise required by § 30-9.8a and b of this chapter and Sections 23, 25, 49 and 50 of P.L. 1975, c. 291. Nothing herein shall be construed to contravene any act providing for procedures for the Township Committee.

b. All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with municipal regulations. An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular or special meeting within the meaning of this chapter.

c. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the municipal agency and of the persons appearing by attorney, the action taken by the municipal agency, the findings, if any, made by it and reasons therefore. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the administrative officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes for this use.

d. No member of a municipal agency shall act on any matter in which he has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.

§ 30-5.3 Filing of Ordinances.

[1979 Code § 64-7; Ord. No. 2017-02]

This chapter or any revision or amendment thereto shall not take effect until a copy thereof has been filed with the County Planning Board. An Official Map shall not take effect until filed with the County Recording Officer. Copies of this chapter and any revisions or amendments thereto shall be filed and maintained in the office of the Township Clerk.

§ 30-5.4 Exclusive Authority of Planning Board.

[1979 Code § 64-8; Ord. No. 2017-02]

Any power expressly authorized by this chapter to be exercised by the Planning Board shall not be exercised by any other body, except as otherwise provided in this chapter.

§ 30-5.5 Tolling of Running of Period of Approval.

[1979 Code § 64-9; Ord. No. 2017-02]

In the event that, during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with the development, the running of the period of approval under this chapter or under any act repealed by this chapter, as the case may be, shall be suspended for the period of time the legal action is pending or such directive or order is in effect.

§ 30-5.6 Conditional Approval.

[1979 Code § 64-10; Ord. No. 2017-02]

a. In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the municipal agency shall process such application for development in accordance with this chapter and municipal development regulations, and if such application for development complies with municipal development regulations, the municipal agency shall approve such application conditioned on removal of such legal barrier to development.

b. In the event that development proposed by an application for development requires an approval by a governmental agency other than the municipal agency, the municipal agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the municipality shall make a decision on any application for development within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant, unless the municipal agency is prevented or relieved from so acting by the operation of law.

§ 30-5.7 Completeness Checklist. [1]

[1979 Code § 64-10.01; Ord. No. 13-87; Ord. No. 5-91; Ord. No. 11-93; Ord. No. 2013-10; Ord. No. 2014-09; Ord. No. 2017-02]

a. Pursuant to the provisions of the New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-10.3) there is herewith adopted a land use application completeness checklist which shall be applicable to all applications for relief.

b. This land use application completeness checklist appears as Appendix A of this chapter and will be provided to each applicant for development in conjunction with the requisite application form.

c. It shall be required of each applicant for development that all of the information set forth on the completeness checklist applicable to the particular type of application being submitted contain all such information set forth in the completeness checklist or shall be accompanied by a written request of a waiver of the necessity of submitting some of such information, the written request specifically detailing the information otherwise required by this section and checklist, with specific reference to the subsections thereof; together with a formal request for a waiver thereof, setting forth, in summary fashion, the bases upon which the applicant feels such waivers should be granted.

d. Failure to supply all of the information set forth in the completeness checklist, as same may be modified by the applicable Board in considering a waiver of information not submitted, shall result in a determination of incompleteness of the application and no further action shall be taken thereon until the application is supplemented and made complete, to the satisfaction of the applicable Board.

e. Pursuant to the Provisions of N.J.S.A. 40:55D-10.3 there are herewith adopted the following Land Use Development Application Package and Completeness Checklists:

1. Green Township Planning Board Application.

2. Sussex County Planning Board Application.

3. FORM #1 - Application Checklists.

4. FORM #2 - Request for Certification of Property Taxes.

5. FORM #3 - Request for List of Property Owners.

6. FORM #4 - List of Property Owners and Manner Served.

7. FORM #5 - Affidavit of Applicant/Affidavit of Ownership.

8. FORM #6 - Corporation or Partnership Form.

9. FORM #7 - Site Inspection Authorization/Application Fee Statement.

10. FORM #8 - Publication Requirements.

11. FORM #9 - Notice of Public Hearing.

12. FORM #10 - Affidavit of Proof of Service of Notice of Hearing

[1] Editor's Note: The checklist referred to herein can be found in Appendix A which is included as an attachment to this chapter.

§ 30-5.8 Enforcement of Provisions.

[1979 Code § 64-10.2; Ord. No. 13-88; Ord. No. 2017-02]

It shall be the duty of enforcing the provisions of this chapter and the power to do so is hereby conferred upon the Zoning Officer, who shall have such powers as are conferred upon him by this chapter and other ordinances of the Township of Green and those that may reasonably be implied from the specific provisions thereof.

The Zoning Officer shall be appointed by the Township Committee for such terms as it deems appropriate and shall receive such compensation as the Township Committee shall determine.

§ 30-5.9 Powers and Duties of Zoning Officers.

[1979 Code § 64-10.3; Ord. No. 13-88; Ord. No. 2017-02]

a. The Zoning Officer and his duly authorized assistants and representatives shall have the power and duty to inspect and examine structures and uses in the Township and any plans for structures and uses to determine their compliance with the provisions of all applicable land use regulations of the Township.

b. Violations Found. When the Zoning Officer or his duly authorize assistants or representatives determine that a structure, use or premises is in violation of the provisions of any land use regulations of the Township, he or they shall, in writing, order the owner to remedy such conditions by written order which shall specify the nature of the violation found to exist, with a specific reference to the provisions of the regulation alleged to be violated, shall further specify the remedy ordered and the time period permitted for compliance with such ordered remedy, the penalties for continuing violations and other remedies available which may be invoked by the Township of Green and the violator's rights of appeal, all as provided for in the Land Use Regulations of the Township of Green and in the Statutes of the State of New Jersey.

c. Issuance of Zoning Permits. The Zoning Officer is hereby empowered to issue zoning permits in accordance with the requirements and subject to the provisions of this chapter and other sections of the land use regulations of the Township of Green, certifying that the plans for a use, building or structure to be established, constructed, altered or which shall be subject to a change of use are for a use permitted by the land use regulations applicable to the zone in which all applicable requirements and provisions of the land use regulations of the Township.

d. Records. The Zoning Officer shall maintain a permanent record of all matters considered and all actions taken by him. Such records shall form a part of the records of his office and shall be available for the use of the Township Committee and other officials of the Township of Green, County of Sussex and the State of New Jersey for public inspection by prior arrangement.

e. Monthly Report. The Zoning Officer shall prepare a monthly report to the Township Committee. Such report shall cite all actions taken by him including all referrals made, permits and certificates issued and denied and all complaints of violations received and all violations found by him and the action taken by him pursuant thereto. A copy of this monthly report shall also be transmitted by the Zoning Officer to the Tax Assessor, the Planning Board at the same time it is transmitted to the Township Committee.

f. As-Built Drawings Required. The Zoning Officer is herewith empowered to require from any applicant for issuance of a zoning permit or other form of official action by the Zoning Officer, either prior to the issuance of such permit for the taking of such official action or subsequent thereto and as a condition thereof, the following:

1. As-built drawings, signed, sealed and certified by a professional engineer licensed to practice in the State of New Jersey, of all newly drilled wells and newly constructed septic systems, when such systems have been the subject of waivers or variances issued by the approving authority with respect to the requirements of law otherwise applicable thereto.

2. As-built drawings shall be required for all new foundations constructed showing their offset dimensions in relationship to all property lines, which drawings shall be sealed by a land surveyor licensed to practice in the State of New Jersey.

3. As-built and properly certified drawings shall be required in such other cases where the Zoning Officer, in his sole discretion so requires.

§ 30-5.10 Apportionment of Professional Consultant Fees.

[1979 Code § 64-10.4; Ord. No. 3-94; Ord. No. 2017-02]

a. The charges for professional services of the Planning Board Attorney, Planning Board Engineer, professional planning consultant and all other professionals attending any meeting of the Planning Board, which services are rendered in administrative review response to an applicant or application for development before the Board, shall be apportioned, on a pro rata time basis, to each applicant or development application appearing on the agenda of any such meeting or coming before the Board, and the professional services vouchers rendered by each such Board professional shall be itemized and apportioned to each separate matter appearing on the agenda or coming before the Board.

b. The charges apportioned to an applicant or development application shall be charged against the review deposit escrow required to be posted by such applicant and the procedures relating thereto shall apply.

c. Charges for professional services rendered to the Planning Board for attendance at all regular and special meetings, or any portion thereof, and all other professional services which do not relate, directly, to an applicant or development application, shall be charged to and paid from the Township General Fund (Legal "Other Expenses" (O.E.) Planning Board).

§ 30-5.11 Taxes to Be Paid Prior to Land Use Approvals.

[1979 Code § 64-10.5; Ord. No. 9-94; Ord. No. 2017-02]

Pursuant to the provisions of N.J.S.A. 40:55D-39(e) and N.J.S.A. 40:55D-65(h), every application for development submitted to the Planning Board 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 real estate taxes or assessments are delinquent on the property, any approvals or other relief granted by either the Planning Board shall be conditioned upon either the prompt payment of such real estate taxes or assessments or the making of adequate provision for the payment thereof and the posting of adequate security with respect thereto in such a manner such that the interest of the Township of Green shall be adequately protected.

§ 30-5.12 Development Fees for Affordable Housing.

[Ord. No. 04-01; Ord. No. 05-15; Ord. No. 06-06; Ord. No. 2010-16; Ord. No. 2017-02]

a. Purpose.

1. In Holmdel Builder's Association V. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52.27d-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.

2. Pursuant to P.L.2008, c.46 section 8 (N.J.S.A. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the council or court of competent jurisdiction and have a COAH-approved spending plan may retain fees collected from nonresidential development.

3. This subsection establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance P.L.2008, c.46, sections 8 and 32-38. Fees collected pursuant to this subsection shall be used for the sole purpose of providing low- and moderate-income housing. This subsection shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:97-8.

b. Basic Requirements.

1. This subsection shall not be effective until approved by COAH pursuant to N.J.A.C. 5:96-5.1.

2. The Township of Green shall not spend development fees until COAH has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.

c. Definitions. The following terms, as used in this subsection, shall have the following meanings:

AFFORDABLE HOUSING DEVELOPMENT

Shall mean 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.

COAH OR THE COUNCIL

Shall mean the New Jersey council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the State.

DEVELOPER

Shall mean 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

Shall mean money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.

EQUALIZED ASSESSED VALUE

Shall mean 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

Shall mean those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.

d. Residential Development Fees.

1. Imposed Fees.

(a) Within the A1-10, AR5/3, NC, RB, R-1, R-1.5 zone 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 no increased density is permitted.

(b) When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers may be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.

Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1 1/2% of the equalized assessed value on the first two units; and the specified higher percentage up to 6% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.

2. Eligible Exactions, Ineligible Exactions and Exemptions for Residential Development.

(a) Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality, and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.

(b) Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.

(c) 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.

e. Nonresidential Development Fees.

1. Imposed Fees.

(a) Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new nonresidential construction on an unimproved lot or lots.

(b) Nonresidential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.

(c) Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the pre-existing land and improvement and the equalized assessed value of the newly improved structure, i.e. land and improvement, at the time 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 Non-residential 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% fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.

(c) Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L.2008, c.46, as specified in the Form N-RDF "State of New jersey Non-Residential Development Certification/Exemption" Form. Any exemption claimed by a developer shall be substantiated by that developer.

(d) A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L.2008, c.46 shall be subject to it at such time 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 of the nonresidential development, whichever is later.

(e) If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by the Township of Green as a lien against the real property of the owner.

f. Collection Procedures.

1. Upon the granting of a preliminary, final or other applicable approval, for a development, the applicable approving authority shall direct its staff to notify the Construction Official responsible for the issuance of a building permit.

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 notifies the local Assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.

6. Within 10 business days of a request for the scheduling of a final inspection, the Municipal Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.

7. Should the Township of Green 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. 50% 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 Township of Green. 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, R.S.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 Township of Green. 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, R.S.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 Technical Assistant - Land use for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of unites with extinguished controls.

2. The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:

(a) Payments in lieu of on-site construction of affordable units;

(b) Developer contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;

(c) Rental income from municipally operated units;

(d) Repayments from affordable housing program loans;

(e) Recapture funds;

(f) Proceeds from the sale of affordable units; and

(g) Any other funds collected in connection with the Township of Green's affordable housing program.

3. Within seven days from the opening of the trust fund account, the Township of Green shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, the bank, and COAH to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.139(b).

4. All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH.

h. Use of Funds.

1. The expenditure of all funds shall conform to a spending plan approved by COAH. Funds deposited in the housing trust fund may be used for any activity approved by COAH to address the Township of Green'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, improvements 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 8.9 and specified in the approved spending plan.

2. Funds shall not be expended to reimburse the Township of Green for past housing activities.

3. At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to low-and moderate-income 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 Township of Green 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, 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. The Township of Green shall complete and return to COAH all monitoring forms included in monitoring requirements related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with the Township of Green's housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH. All monitoring reports shall be completed on forms designed by COAH.

j. Ongoing Collection of Fees. The ability for the Township of Green to impose, collect and expend development fees shall expire with its substantive certification unless the Township of Green has filed an adopted Housing element and Fair Share Plan with COAH, has petitioned for substantive certification, and has received COAH's approval of its development fee ordinance. If the Township of Green fails to renew its ability to impose and collect development fees prior to the expiration of substantive certification, 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 Township of Green shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance, nor shall the Township of Green retroactively impose a development fee on such a development. The Township of Green shall not expend development fees after the expiration of this substantive certification or judgment of compliance.