[1]
Editor's Note: Ordinance No. 98-25, Section 1, amended the title of Article 13-900 to add Developer's Agreements.
[Ord. #90-9, §§ 1, 2; Ord. #91-09, §§ 1, 2; Ord. #92-05, § 12; Ord. #92-17, § 1; Ord. #93-8, § 2; Ord. #95-7, § 1; Ord. #95-12, § 2; Ord. #95-51, § 1; Ord. #97-07, § 1; Ord. #97-26, § 3; Ord. #98-03, § 4; Ord. #98-25, § 3]
a. 
Every application for development shall be accompanied by a check payable to the Township of Bedminster in accordance with the following schedule. For purposes of this chapter, the term "area being disturbed" means any area whereupon activity involving the clearing, excavation, storing, grading, filling or transporting of soil will occur, or whereupon any other activity will occur which causes soil to be exposed to the danger of erosion, including the detachment or movement of soil or rock by water, wind, ice and/or gravity.
[Amended 5-17-2021 by Ord. No. 2021-006]
Application Charge
plus
Escrow Account
1. Subdivisions
(a) Minor plat
$200 plus $50 per lot
$2,500
(b) Preliminary major plat
$300 plus $50 per lot
$3,500 per lot, provided a per-lot minimum $7,000 shall be deposited. In no event shall the initial escrow deposit exceed $10,500.
(c) Final major plat
$100
$100 per lot, provided a minimum $1,000 shall be deposited. In no event shall the initial escrow deposit exceed $8,000.
(d) Informal presentation (1 appearance only)
$0
None required
(e) Concept plat for review
(1) Minor plat
$25
$500
(2) Major plat
$100
$1,000
2. Site plans
(a) Minor
$250
$3,500
(b) Preliminary residential
$250 plus $25 per dwelling unit
$3,500 plus $50 per dwelling unit, provided a minimum $7,500 shall be deposited. In no event shall the initial escrow deposit exceed $11,000.
(c) Preliminary nonresidential plan
$250 plus $0.05 per sq. ft. of proposed new building to a maximum of $5,000
$3,500, plus $0.2/sq. ft. of gross floor area, provided a minimum $7,500 shall be deposited. In no event shall the initial escrow deposit exceed $11,000.
(d) Final plan
$250
$1,000 plus $25 per dwelling unit (residential) or $0.1/sq. ft. of gross floor area (nonresidential), provided a minimum $2,500 shall be deposited. In no event shall the initial escrow deposit exceed $8,000.
(e) Informal presentation (1 appearance only)
$0
None required
(f) Concept plan for review
(1) Minor plan
$25
$500
(2) Major plan
$100
$1,000
(g) Site plan waiver
$50
$500
3. Variances
(a) Appeals (40:55D-70a)
$125
$1,000
(b) Interpretation (40:55D-70b)
$125
$1,000
(c) Bulk (40:55D-70c)
First variance
$175
$1,500
Each additional variance
—
$250
(d) Use (40:55D-70d)
$275
$2,500
First variance
$275
$2,500
Each additional variance
—
$500
(e) Permit (40:55D-34 and 40:55D-35)
$175
$1,500
4. Certified list of property owners. See subsection 13-706.4c of this chapter.
$0.25/name or $10, whichever is greater
None required
5. Copy of minutes, transcripts or decisions. See subsection 13-706.5 and Section 13-708 of this chapter.
$1.00/page for first copy of said page plus $0.25/ copy for each additional copy of said page
None required
6. Bond releases
(a) Performance
$100
Where costs of improvements were less than $50,000, the escrow shall be $750; where $50,000 to $100,000 - $1,500; over $100,000 - $2,000
(b) Maintenance
$100
Where costs of improvements were less than $50,000, the escrow shall be $750; $50,000 to $100,000 - $ 1,500; over $100,000 - $2,000
7. Tax Map revision fee:
(a) Minor subdivision plat: $75 per lot
(b) Final major subdivision plat: $75 per lot not to exceed $3,500 per application
(c) Site plan application creating condominium units (whether residential or commercial units): $75 per unit, not to exceed $3,500 per application.
8. Site plan application fees and escrows for telecommunications installations shall be as follows:
(a) If no tower is proposed
$1,000
$2,000
(b) If a new tower is proposed
$5,000
$5,000
b. 
The application charge is a flat fee to cover administrative expenses and is non-refundable. The escrow account is established to cover the costs of professional services rendered to the appropriate municipal agency (including engineering, planning and other expenses connected with the review of submitted materials) for development review and preparation of documents, or inspection of improvements.
1. 
Such fees or charges shall be based upon a schedule or by contract approved by the Township Committee by resolution and 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 Township. The only cost 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.
2. 
The applicant shall not be charged for any Township, clerical or administrative functions, overhead expenses, meeting room charges or any other Township costs and expenses except as provided for above.
3. 
If the professional services are provided by a Township employee, the charge shall not exceed 200% of the sum of the products resulting from multiplying (1) the hourly base salary, which is established annually by ordinance, of each of the professionals by (2) the number of hours spent by the respective professionals upon review of the application for development or inspection of the developer's improvements. For other professionals, the charge shall be the same rate as all other work of the same nature by the professional for the Township when fees are not reimbursed or otherwise imposed on applicants or developers.
c. 
Where one application for development includes several approval requests, the sum of the individual required fees shall be paid.
d. 
Each applicant for subdivision or site plan approval shall agree to pay all reasonable costs for professional review of the application and for preparation of any required legal documentation, including a Developer's Agreement. Additionally, each applicant shall pay all reasonable costs for inspection and testing of the improvements. All costs for review and for preparation of the required legal documentation must be paid before any approved plat, plan or deed is signed, and all inspection fees must be paid in accordance with subsection 13-902.4 of this chapter before any construction permit is issued, and all remaining costs must be paid in full before any occupancy of the premises is permitted or certificate of occupancy issued.
e. 
If an applicant desires a court reporter, the cost for taking testimony and transcribing it and providing a copy of the transcript to the Township shall be at the expense of the applicant who shall arrange for the reporter's attendance.
f. 
An expansion or change of a pre-existing nonconforming use shall be deemed a use variance and the appropriate fee and escrow shall be paid.
g. 
Where an application includes pre-existing nonconforming aspects of a property which must be addressed as a result of the applicant's seeking of a variance as to that property, the appropriate fees and escrows must be paid for each nonconforming aspect of the property which requires the granting of a variance.
h. 
The Chief Financial Officer of the Township shall make all of the payments to professionals for services rendered to the appropriate municipal agency in connection with land development applications. Each professional who is to be paid from third party escrow funds held by the Chief Financial Officer shall act in accordance with the following procedures:
1. 
The professional shall provide to the Chief Financial Officer of the Township, on a monthly basis, (in accordance with the schedules and procedures established by the Chief Financial Officer) a voucher which will include at a minimum:
(a) 
A detailed description of the services performed;
(b) 
The name of each person performing the services;
(c) 
The date the services were performed and the hours spent in quarter hour increments; and
(d) 
The hourly rate and expenses incurred.
If the services are performed by a Township employee, the Township employee shall prepare and submit to the Chief Financial Officer a statement containing the same information as required on the voucher, on a monthly basis.
2. 
The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the Township simultaneously to the applicant. The Chief Financial Officer of the Township shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements and a cumulative balance of the escrow account. This information shall be provided to the applicant on a quarterly basis in the event that monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000.
3. 
If an escrow account or deposit contains insufficient funds to enable the appropriate municipal agency to perform required application reviews or improvement inspections, the Chief Financial Officer of the Township shall provide the applicant with a notice of the insufficient escrow or deposit balance. The applicant shall be notified by certified mail, return receipt requested, of the required additional amount. In order for work to continue on the development or the application, the applicant shall, within 14 days, post a deposit to the account in the amount requested by the Township. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
4. 
If the application is pending at the time the aforesaid letter is sent and the applicant fails to deposit the additional amount within the 14 days, then the appropriate municipal agency before which the application is pending, at its next regularly scheduled meeting following the expiration of the 14 day period, may dismiss such application, without prejudice to the refiling of the same, or place the application on its inactive list, at its option. Work will not be continued by the Township on the application if said additional amount is not posted within 14 days. In the event that an application has been approved, but the development authorized has not commenced or a certificate of occupancy has not been issued, and it is determined that additional work is required to be performed by Township consultants relative to the development, and there does not exist sufficient monies in the applicant's escrow account to cover those services or the escrow account has been returned to the applicant, then in either event, the above-described demand letter will be sent to the applicant and if the applicant fails to deposit the additional amount within the said 14 days, then the Township Construction Official shall deny the issuance of construction permits, issue stop work orders or deny a certificate of occupancy unless the said additional amount is deposited.
5. 
The following close-out procedures shall apply to all deposits and escrow accounts established under the provisions of P.L. 1975, c.291 (C.40:55D-1 et seq.) and shall commence after the appropriate municipal agency has granted final approval and signed a subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved as provided in Section 41 of P.L. 1975, c.291 (C.40:55D-53), in the case of improvement inspection escrows and deposits:
(a) 
The applicant shall send written notice by certified mail to the Chief Financial Officer of the Township, the appropriate Municipal Agency, and the relevant Township professional, that the application or the improvements are completed.
(b) 
After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the Township within 30 days, and shall send a copy simultaneously to the applicant.
(c) 
The Chief Financial Officer of the Township shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill.
(d) 
Any balances remaining in the deposit or escrow account, including interest in accordance with Section 1 of P.L. 1985, c.315 (C.40:55D-53.1), shall be refunded to the developer along with the final accounting.
6. 
Whenever an applicant disputes the charges made by a professional for services rendered to the Township in reviewing applications for development, review and preparation of documents, inspections or improvements, or any other charges that are made out of the escrow account, the applicant must notify in writing the Township Committee with copies to the Chief Financial Officer, the appropriate municipal agency and the professional.
(a) 
The Township Committee, or its designee, shall within a reasonable time period attempt to mediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals established under Section 9 of P.L. 1975 c.217 (C.52:27D-127) any charge to an escrow account or a deposit by any Township professional or consultant, or the cost of the installation of improvements estimated by the Township Engineer pursuant to Section 15 of P.L. 1991 c.256 (C.40:55D-53.4).
(b) 
Pursuant to law, the County Construction Board of Appeals shall hear the appeal, render a decision thereon, and file its decision with a statement of the reasons therefor with the appropriate municipal agency not later than 10 business days following the submission of the appeal, unless such period of time has been extended with the consent of the applicant. The decision may approve, disapprove or modify the professional charges appealed from and a copy of the decision shall be forwarded by certified mail or registered mail to the party making the appeal, the Township Clerk, the appropriate municipal agency and the professional involved in the appeal. Failure by the Board to hear an appeal and render final decision thereon within the time limits proscribed in this subsection shall be deemed a denial of the appeal for purposes of a complaint, application, or appeal to a court of competent jurisdiction.
(c) 
During the pendency of any appeal, the appropriate municipal agency 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, of the reduction or 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. The Chief Financial Officer of the Township may take charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Chief Financial Officer of the Township 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 Township, the professional or consultant shall reimburse the Township in the amount of any such disallowed charge.
i. 
An applicant for a change of use from one permitted nonresidential use to another permitted nonresidential use shall complete and submit a form to be provided by the Township of Bedminster entitled "Change in Use/Occupancy." The Change in Use/Occupancy form shall be accompanied by a check made payable to the Township of Bedminster in the sum of $124.
[Ord. #92-05, § 13; Ord. #95-51, § 3]
a. 
No final application for development (whether for an entire tract or section thereof) shall be approved by the Board until the satisfactory completion and performance of all required public improvements have been certified to the Board by the Township Engineer unless the owner shall have filed with the Township a performance guarantee assuring the installation of said public improvements on or before an agreed date as hereinafter provided.
b. 
It is the intention of the Township Committee that residents living in each new section of a development be provided with a lot and/or dwelling unit and tract area that is as complete as possible with respect to tract and individual lot and/or dwelling unit improvements. In order to accomplish this objective, and except as hereafter provided, all remaining improvements shall be completed as to each category set forth in the performance guarantee to a percentage extent equal to the percent of lots and/or dwelling units which have been conveyed in any manner.
c. 
A performance guarantee estimate setting forth all requirements for improvements, as fixed by the Board, shall be prepared by the Township Engineer according to the method of calculation set forth in subsection 13-902.1d below. The Township Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor. Prior to final approval by the Board of the application for development, the Township Committee shall pass a resolution either approving or adjusting the performance guarantee.
d. 
The cost of the installation of improvements for the purposes of subsection 13-902.1c shall be estimated by the Township Engineer based on documented construction costs for public improvements prevailing in the general area of the Township. The developer may appeal the Township Engineer's estimate to the County Construction Board of Appeals established under Section 9 of P.L. 1975, c.217 (C.52:27D-127).
[Ord. #90-05, § 1; Ord. #91-09, § 3; Ord. #92-05, § 14]
a. 
The performance guarantee, which shall be in an amount equal to 120% of the approved guarantee estimate, shall be made payable to and deposited with the Township Administrator and shall be in the form of cash, irrevocable letter of credit or certified check or a surety bond in which the owner shall be principal, the bond to be provided by a surety company licensed to do business in the State of New Jersey and acceptable to the Township. The Township shall issue its receipt for such guarantee instrument and shall cause the same to be held by the Township Treasurer or deposited in a banking institution in the name of the Township to be retained as security for completion of all requirements of the performance bond and to be returned to the owner on completion of all required work, or, in the event of default on part of the owner, to be used by the Township to pay the cost and expense of obtaining completion of all requirements in accordance with the terms of the performance bond. Such completion or correction of improvements shall be subject to the public bidding requirements of the "Local Public Contracts Law," N.J.S.A. 40A:11-1 et seq.
b. 
10% of the amount of the approved performance guarantee shall be deposited by the owner in cash with the Township. The remaining 90% may be in cash, certified check, irrevocable letter of credit or surety bond, as set forth above. In the event of default, the 10% cash fund herein mentioned shall be first applied to the completion of the requirements and the remainder of the guarantee fund shall thereafter be resorted to, if necessary, for the completion of the requirements. The performance bond shall recite the foregoing provisions.
c. 
The Township Committee shall accept a performance guarantee (for purposes of this subsection 13-902.2) or maintenance guarantee (for purposes of subsection 13-902.6) in the form of an irrevocable letter of credit if it:
1. 
Constitutes an unconditional payment obligation of the issuer running solely to the Township for an express initial period of time in the amount determined pursuant to subsection 13-902.1 of this section;
2. 
Is issued by a banking or savings institution authorized to do and doing business in the State of New Jersey;
3. 
Is for a period of time at least one year; and
4. 
Permits the Township to draw upon the letter of credit if the obligor fails to furnish another letter of credit which complies with revisions of this subsection 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.
d. 
The Township Committee shall not require that a maintenance guarantee required pursuant to subsection 13-902.6 be in cash or that more than 10% of a performance guarantee required pursuant to this subsection 13-902.2 be in cash. A developer may, however, provide at his option some or all of a maintenance guarantee in cash, or more than 10% of a performance guarantee in cash.
[Ord. #90-4, § 2; Ord. #91-09, § 3]
a. 
At the time the above performance guarantee is deposited with the Township Administrator, the owner shall also provide all information requested by the Administrator to enable the Township Attorney to prepare a performance bond and other required documents for the owner for which the performance guarantee posted will be the security. The owner will post the required application fee and escrow as set forth herein-before, the said escrow account will be drawn against for the Township Attorney's charges for the said bond preparation.
b. 
The Township Attorney shall notify the Secretary of the Board prior to the meeting where final approval will be granted that the performance guarantee is properly executed and can be added to the agenda.
[Ord. #92-05, § 16]
a. 
All site improvements and utility installations for both site plans and subdivisions shall be inspected during the time of their installation under the supervision of the Township Engineer to insure satisfactory completion. The cost of said inspection shall be the responsibility of the owner who shall deposit with the Township Treasurer a sum not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined by the Township Engineer pursuant to subsection 13-902.1d of this section.
b. 
In no case shall any paving work be done without permission from the Township Engineer. At least two working days notice shall be given to the Township Engineer prior to any construction so that he or a qualified representative may be present at the time the work is to be done.
c. 
Streets shall not be paved with a wearing course until all heavy construction is completed. Shade trees shall not be planted until all grading and earth moving is completed. The seeding of grass and the placing of surveyor's monuments shall be among the last operations.
d. 
The Township Engineer's office shall be notified prior to each of the following phases of work so that he or a qualified representative may inspect the work:
1. 
Road subgrade.
2. 
Curb and gutter forms.
3. 
Curbs and gutters.
4. 
Road paving.
5. 
Sidewalk forms.
6. 
Sidewalks.
7. 
Drainage pipes and other drainage construction.
8. 
Street name signs.
9. 
Monuments.
10. 
Sanitary sewers.
11. 
Detention and/or retention basins.
12. 
Topsoil, seeding and planting.
13. 
Underground utilities.
e. 
Any improvement installed contrary to the plan or plat approval by the Township shall constitute just cause to void the municipal approval.
f. 
Any improvement installed without notice for inspection pursuant to subsection 13-902.4d hereinabove shall constitute just cause for:
1. 
Removal of the uninspected improvement;
2. 
The payment by the developer of any costs for material testing;
3. 
The restoration by the developer of any improvements disturbed during any material testing; and/or
4. 
The issuance of a 'stop work' order by the Town-ship Engineer pending the resolution of any dispute.
g. 
Inspection by the Township of the installation of improvements and utilities shall not operate to subject the Township of Bedminster to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter; it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the owner and his contractors, if any.
h. 
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 the Township Committee in writing, by certified mail addressed in care of the Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to subsection 13-902.1c of this section, a list of all uncompleted or unsatisfactorily completed improvements. If such request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon, the Township Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Township Committee, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
i. 
The list prepared by the Township 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. The report prepared by the Township 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, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to subsection 13-902.1c of this section.
[Ord. #92-05, § 17]
The Township Committee, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Township Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to subsection 13-902.1c of this section. Such resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Committee, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements, regardless of when completed.
a. 
If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to subsection 13-902.4, paragraphs h and i of this section within 45 days from the receipt of the request, the obligor may apply to the Court in a summary manner for an order compelling the Township Engineer to provide the list and report within a stated time; and the cost of applying to the Court, including reasonable attorney fees, may be awarded to the prevailing party. If the Township Committee fails to approve or reject the improvements determined by the Township 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 Township Engineer's list and 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 approvable, complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to subsection 13-902.1c of this section; and the cost of applying to the Court, including reasonable attorney fees, may be awarded to the prevailing party.
b. 
In the event that the obligor has made a cash deposit with the Township or the Planning Board or Zoning Board of Adjustment, as the case may be, as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this subsection 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.
c. 
If any portion of the required improvements is rejected, the Planning Board or Zoning Board of Adjustment, as the case may be, may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this subsection, shall be followed.
[Ord. #91-09, § 4; Ord. #92-05, § 18]
The approval of any application for development by the Township shall in no way be construed as acceptance of any street or drainage system, or any other improvement, nor shall such approval obligate the Township in any way to exercise jurisdiction over such street or drainage system or other improvement. No improvement shall be accepted by the Township Committee unless and until all of the following conditions have been met:
a. 
The Township Engineer shall have certified in writing that the improvements are completed and that they comply with the requirements of this chapter;
b. 
The final application for development shall have been approved by the Board;
c. 
The owner shall have filed with the Township Committee a maintenance bond and guarantee in an amount equal to and not more than 15% of the cost of installing the improvements and which amount shall be determined by the Township Engineer according to the method of calculation set forth in subsection 13-902.1d of this section. The maintenance bond shall run for a period of two years. The procedures and requirements governing the preparation of such maintenance bond shall be identical to the procedures and requirements for the preparation of a performance bond as set forth in this section at subsections 13-902.2 and 13-902.3. The owner will post the required application fee and escrow as set forth herein-before. The said escrow account will be drawn against for the Township Attorney's charges for the said bond preparation. The requirements for a maintenance bond may be waived by the Township Committee only if the Township Engineer has certified that the improvements have been in continuous use for not less than two years from the date the Township Engineer certified completion of such improvements and that during this period the owner has maintained the improvements in a satisfactory manner; and
d. 
An "as built" plan and profiles of all utilities and roads (three black and white prints plus a mylar copy to be sent to the Township Engineer), with certification signed and sealed by a New Jersey licensed professional engineer as to the actual construction as approved by the Township Engineer, shall be provided.
(Ord. #92-05, § 19).
The time allowed for installation of the improvements for which the performance guarantee has been provided may, but need not, be extended by the Township Committee by resolution, provided that the current cost of installation of such improvements shall first be redetermined by the Township Engineer; and if such current cost is found to be greater than the cost as originally determined, the applicant shall be required to increase the amount of its performance guarantee to an amount equal to 120% of the cost of installation as redetermined by the Township Engineer according to the method of calculation set forth in subsection 13-902.1d of this section, as a condition of any such extension. In the event that the redetermined cost shall be less than the cost as originally determined, and in further event that the applicant's performance guarantee exceeds 120% of such redetermined costs, the applicant shall be entitled to a reduction of its performance guarantee to an amount equal to 120% of such redetermined costs.
[Ord. #98-43, § 8]
Applicants shall be required, as a condition for approval of a subdivision, site plan or conditional use, to pay their pro rata share of the cost of providing only reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located off-tract, but indicated in the Township Master Plan and necessitated or required by construction or improvements within such subdivision or development. The following criteria shall be utilized in determining the developer's proportionate pro rata monetary share for the necessary off-tract improvements.
In cases where the need for an off-tract improvement is created by the proposed subdivision or development and where no other property owners receive a special benefit thereby (as opposed to a mere incidental benefit), the applicant may be required, as a condition of approval and at the applicant's sole expense, to acquire and/or improve lands outside the tract and dedicate such lands to Bedminster Town-ship or Somerset County or, in lieu thereof, require the sub-divider or developer to deposit with the Township a sum of money sufficient to allow the Township to acquire and/or improve such lands on conditions it may deem appropriate under the circumstances.
In cases where the need for any off-tract improvement to be implemented now or in the future is necessitated by the pro-posed development application, and where it is determined that properties outside the development will also be benefited by the improvement, the following criteria, together with the provisions or rules and regulations of Bedminster Township or any department thereof, may be utilized in determining the developer's proportionate share of such improvements:
a. 
Sanitary Sewers. For distribution facilities, including the installation, relocation or replacement of collector, trunk and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate share shall be computed as follows:
1. 
The capacity and the design of the sanitary sewer system shall be based on the Rules and Regulations for the Preparation and Submission of Plans for Sewerage Systems, New Jersey State Department of Environmental Protection, and all Bedminster Township sewer design standards, including infiltration standards.
2. 
Developer's pro rata share:
(a) 
The capacity of the existing system to serve the entire improved drainage area shall be computed. If the system is able to carry the total development drainage basin, no improvement or enlargement cost will be assigned to the developer although some charges including, but not limited to, capacity charges may be imposed. If the existing system does not have adequate capacity for the total development drainage basin, the pro-rated enlargement or improvement share shall be computed as follows:
Development gpd
Developer's Cost Total Enlargement or Improvement Cost
=
——————
Total Tributary gpd
(b) 
If it is necessary to construct a new system in order to develop the subdivision or development, the pro-rated enlargement share to the developer shall be computed as follows:
Development Tributary gpd
Developer's Cost Total Project Cost
=
——————
Total Tributary gpd to New System
(c) 
The plans for the improved system or the extended system shall be prepared by the developer's engineer. All work shall be calculated by the developer and approved by the Township Engineer.
b. 
Roadways. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvement uncovered elsewhere, the construction or reconstruction of new or existing streets and other associated streets or traffic improvements, the applicant's proportionate cost shall be determined as follows:
1. 
The applicant's engineer shall provide the Town-ship Engineer with the existing and anticipated peak-hour volumes which impact the off-tract areas in question, which volumes shall analyze pedestrian, bicycle and motor vehicle traffic.
2. 
The applicant shall furnish a plan for the proposed off-tract improvements, which shall include the estimated peak-hour traffic generated by the pro-posed development. The ratio of the peak-hour traffic generated by the proposed development to the future peak-hour traffic shall form the basis of the proportionate share. The pro-rated share shall be computed as follows:
Additional Peak-Hour Traffic Generated by the Development
Developer's Cost Total Cost of Road way Improvement and/or Extension
=
Future Total Peak-Hour Traffic
c. 
Drainage Improvements. For the stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, riprap or improved drainage ditches and appurtenances thereto and the relocation or replacement of other storm drainage facilities or appurtenances associated therewith, the applicant's proportionate share shall be determined as follows:
1. 
The capacity and design of the drainage system to accommodate stormwater run-off shall be based on a method described in Urban Hydrology for Small Watersheds, Technical Release 55, Soil Conservation Service USDA, January 1975, as amended, and shall be computed by the developer's engineer and approved by the Township Engineer.
2. 
The capacity of the enlarged, extended or improved system required for the subdivision or development and areas outside of the subdivision or development shall be computed by the developer's engineer and be subject to the approval of the Township Engineer. The plans for the improved system shall be prepared by the developer's engineer and the estimated cost of the enlarged system shall be calculated by the Township Engineer. The pro-rated share for the proposed improvement shall be computed as follows:
Development cfs
Developer's Cost Total Enlargement or Improvement Cost of Drainage Facilities
=
——————
Total Tributary cfs
Where the proposed off-tract improvement is to be undertaken at a future date, funds required for the improvement shall be deposited to the credit of Bedminster Township in a separate account until such time as the improvement is constructed. In lieu of a cash escrow account, developers may present irrevocable letters of credit for the term required in a form acceptable to the Township Attorney. If the off-tract improvement is not begun within 10 years of the deposit, all monies and interest shall be returned to the applicant or the letter of credit, as the case may be, surrendered. An off-tract improvement shall be considered "begun" if Bedminster Township has taken legal steps to provide for the design and financing of such improvements.
a. 
Where applications for development suggest the need for off-tract improvements, whether to be installed in conjunction with development in question or otherwise, the Planning Board or the Zoning Board of Adjustment, as the case may be, shall forthwith forward to the Township Committee a list and description of all such improvements together with a request that the Town-ship Committee determine and advise the Board of the procedure to be followed in construction or installation thereof, including timing. The Board shall defer final action upon the subdivision or site plan until receipt of the Township Committee's determination or the expiration of 90 days after the forwarding of such list and description to the Township Committee without determination having been made, whichever comes sooner.
b. 
The Township Committee, within 90 days after receipt of said list and description, shall deter-mine and advise the Planning Board or Zoning Board of Adjustment, as the case may be, concerning the procedure to be followed and advise the Board with regard to suggested conditions of approval, if any, to adequately protect the municipality.
c. 
In the event that the Planning Board or Zoning Board of Adjustment, as the case may be, is required by statute to act upon the application prior to receipt of the Township Committee's determination as to construction of off-tract improvements, it shall request the applicant to consent to an extension of time within which to act, of sufficient duration to enable the Township Committee to make the aforesaid determination. In the event that the applicant is unwilling to consent to the requested extension of time, the Planning Board or Zoning Board of Adjustment, as the case may be, shall, in its discretion, either itself determine the procedure to be followed in constructing the aforesaid improvements, or shall condition its approval upon the subsequent determination of the Township Committee.
a. 
In all cases, developers shall be required to enter into an agreement or agreements with Bedminster Township in regard to off-tract improvements, in accordance with this chapter and any other ordinances, policies, rules and regulations of the Township of Bedminster, Somerset County and the State of New Jersey and any departments, authorities or agencies thereof.
b. 
Where properties outside the subject tract will be benefited by the improvements, the Township Committee may require the applicant to escrow sufficient funds, in accordance with subsection 13-903.3, Escrow Accounts, hereinabove, to secure the developer's pro rata share of the eventual cost of providing future structural improvements based upon the standards expressed herein.
c. 
Where properties outside the subject tract will benefit by the improvements, the Township Committee may deter-mine that the improvement or improvements are to be installed by the municipality as a general improvement, the cost of which is to be borne as a general expense. If the Township Committee shall determine that the improvement or improvements shall be constructed or installed as a general improvement, the Township Committee may direct the Planning Board to estimate, with the aid of the Township Engineer or such other persons who have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the subject tract, will be specifically benefited thereby, and the subdivider or developer shall be liable to the municipality for such expense.
d. 
If the Township Committee shall determine that the improvement or improvements shall be constructed or installed as a local improvement, all or a part of the cost of which is to be assessed against properties benefited thereby in proportion to the benefits conferred by the improvements in accordance with Chapter 56 of Title 40 of the Statutes of the State of New Jersey, the developer may be required to sign an agreement acknowledging and agreeing to this procedure and, in addition, the Township Committee may require that the developer shall be liable to the municipality, in addition to the amount of any special assessments against the subject property for benefits conferred by the improvement or improvements, the difference between the total cost actually incurred and the total amount by which all properties, including the subject tract, are specially benefited by the improvement as the same may be determined by the Board of Improvement Assessors.
e. 
If the Township Committee shall determine that the improvements are to be constructed or installed by the applicant, such agreement may contain provisions, consistent with the standards in this chapter and any other rules, regulations or policies of the Township of Bedminster, County of Somerset and the State of New Jersey and any departments, authorities or agencies thereof with jurisdiction therein, whereby the applicant shall be reimbursed by the municipality or otherwise, as a result of any participation fees, connection charges, charges paid in regard to developer's agreements with other applicants and the like, all in accordance with an agreement between the Township Committee and the applicant.
f. 
In determining the procedures to be followed in the event of the submission of a list and request from the Planning Board, the Township Committee shall be guided by the following standards and considerations:
1. 
The local trends in regard to the probability of development within the drainage or circulation area in question and the intensity of such development;
2. 
The risk and exposure that neighboring areas are subject to in the event that the improvements to be required are delayed;
3. 
The extent to which temporary measures may sufficiently alleviate the condition or conditions requiring the off-tract improvement and the likelihood that larger, regional or subregional facilities will be required in the future to serve the development tract and the general area of the municipality in which the same is located; and
4. 
The extent to which the health, safety and welfare of the residents, both current and future, depend upon the immediate implementation of the off-tract improvement.
[Ord. #09-010, § 1]
a. 
The Township Committee of the Township of Bedminster finds and declares that the creation and preservation of affordable housing in the Township serves the public interest. Maintaining and improving a stock of sound affordable housing requires affirmative steps by local government working cooperatively with public bodies at all levels and with the private sector.
b. 
The New Jersey Supreme Court, in Holmdel Builder's Ass'n v. Holmdel Township, 121 N.J. 550 (1990), determined that mandatory development fees are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27D-301 et seq., and the State Constitution.
c. 
Pursuant to P.L. 2008, c.46 section 8 (C. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (C. 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 non-residential development.
d. 
The purpose of this subsection is to establish standards for the collection, maintenance and expenditure of development fees in accordance with COAH's rules and regulations, and in accordance with P.L. 2008, c.46, Section 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 regulations on development fees, including N.J.A.C. 5:97-8, and as may be amended.
[Ord. #09-010, § 1]
a. 
This subsection shall not be effective until approved by COAH pursuant to N.J.A.C. 5:96-5.1.
b. 
The Township of Bedminster 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.
[Ord. #09-010, § 1]
For the purposes of this subsection, the following terms shall have the following meanings:
a. 
AFFORDABLE – Shall mean a sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:97-9.
b. 
AFFORDABLE UNIT – Shall mean any housing unit proposed or created pursuant to the Fair Housing Act of 1985, credited pursuant to N.J.A.C. 5:97-4, or funded through the Township's affordable housing trust fund.
c. 
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.
d. 
COAH OR COUNCIL – Shall mean the New Jersey Council on Affordable Housing established under the Fair Housing Act of 1985, which has primary jurisdiction for the administration of affordable housing obligations in accordance with sound regional planning considerations in the State.
e. 
DEVELOPMENT FEES – Shall mean money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
f. 
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 individual, person, partnership, association, company, or corporation having an enforceable proprietary interest in such land.
g. 
EQUALIZED ASSESSED VALUE – Shall mean the assessed value of a property divided by the current average ration of assessed to true value for the Township as determined in accordance with sections 1, 5, and 6 of P.L. 1973, c.123 (C.54:1-35a through C.54:1-35c). Estimates at the time of building permit may be obtained by the Tax Assessor utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Tax Assessor.
h. 
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.
i. 
SUBSTANTIAL CHANGE – Shall mean a modification or elimination of a significant condition or conditions in a memorializing resolution or any significant modification in the design or layout of the subdivision plan previously approved which require a revised or amended subdivision plan application.
[Ord. #09-010, § 1]
a. 
Residential Development.
1. 
Within all zoning districts in the Township of Bedminster, residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of one and one-half (1.5%) percent of the equalized assessed value for the residential development provided no increased density is permitted.
2. 
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers shall 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 one and one-half (1.5%) percent of the equalized assessed value on the first two (2) 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.
b. 
Nonresidential Development.
1. 
Within all zoning districts in the Township of Bedminster, nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to two and one half (2.5%) percent of the equalized assessed value of the land and improvements, for all new non-residential construction on an unimproved lot or lots.
2. 
Nonresidential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to two and one-half (2.5%) percent of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.
3. 
Development fees shall be imposed and collected when an existing nonresidential structure is demolished and replaced. The development fee of two and one-half (2.5%) percent shall be calculated on the difference between the equalized assessed value of the pre-existing land and improvements 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.
[Ord. #09-010, § 1]
a. 
Affordable housing developments and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
b. 
Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.
c. 
Residential developments that have received preliminary or final site plan approval prior to the effective date of the initial development fee ordinance codified in this subsection shall be exempt from paying a development fee, 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 and final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.
d. 
Development fees shall not be imposed when an existing residential structure is expanded (including additions, alterations, renovations or reconstruction work).
e. 
The nonresidential portion of a mixed-use inclusionary or market rate development shall be subject to the two and one-half (2.5%) percent development fee, unless otherwise exempted below.
f. 
The two and one-half (2.5%) percent fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs to non-residential developments.
g. 
Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to the Statewide Non-residential Development Fee Act, P.L. 2008, c.46 N.J.S.A. 40:55D-8.1, et seq., as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" Form. Specifically, all nonresidential construction of buildings or structures on property used by churches, synagogues, mosques, and other houses of worship, and property used for educational purposes, which is tax exempt pursuant to N.J.S.A. 54:4-3.6, shall be exempt from the imposition of a nonresidential development fee, provided that the property continues to maintain its tax exempt status under the statute for a period of at least three years from the date of issuance of the certificate of occupancy. In addition, the following shall be exempt from the imposition of a nonresidential development fee:
1. 
Parking lots and parking structures, regardless whether the parking lot or parking structure is constructed in conjunction with a non-residential development, such as an office building, or whether the parking lot is developed as an independent nonresidential development;
2. 
Any nonresidential development which is an amenity to be made available to the public, including, but not limited to, recreational facilities, community centers, and senior centers, as defined by the Statewide Nonresidential Development Fee Act, which are developed in conjunction with or funded by a nonresidential developer;
3. 
Nonresidential construction resulting from a relocation of or an on-site improvement to a nonprofit hospital or a nursing home facility;
4. 
Projects that are located within a specifically delineated urban transit hub, as defined pursuant to N.J.S.A. 34:1B-208;
5. 
Projects that are located within an eligible municipality, as defined under N.J.S.A. 34:1B-208, which a majority of the project is located within a 1/2 mile radius of the midpoint of a platform area for a light rail system; and
6. 
Projects determined by the New Jersey Transit Corporation to be consistent with a transit village plan developed by a transit village designated by the Department of Transportation.
h. 
Any exemption claimed by a developer shall be substantiated by that developer. A developer of a non-residential development exempted from the non-residential 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.
i. 
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 Bedminster as a lien against the real property of the owner.
j. 
Owner-occupied residential structures demolished and replaced as a result of fire, flood or natural disaster shall be exempt from paying a development fee.
[Ord. #09-010, § 1; Ord. #10-023]
a. 
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 or other designated Township official responsible for the issuance of a building permit.
b. 
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 non-residential development shall complete Form N-RDF as per the instructions provided. The construction official shall verify the information submitted by the non-residential 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.
c. 
The Construction Official or other Township official responsible for the issuance of a building permit shall notify the Township Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.
d. 
Within 90 days of receipt of that notice, the Township Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
e. 
The Construction Official responsible for the issuance of a final certificate of occupancy shall notify the Tax Assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
f. 
Within 10 business days of a request for the scheduling of a final inspection, the Township Tax 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.
g. 
Should Township fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in subsection b of section 37 of P.L.2008, c.46 (C.40:55D-8.6).
h. 
The Township shall collect up to 50% of the calculated development fee at the time of the issuance of the building permit, with the remaining portion to be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at the issuance of the building permit and that determined at the issuance of the certificate of occupancy.
i. 
Appeal of Development Fees.
1. 
A developer may challenge residential development fees imposed by filing a challenge with the Somerset 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 Bedminster. 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.
2. 
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 Bedminster. 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.
[Ord. #09-010, § 1]
a. 
There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Chief Financial Officer of the Township for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls, which shall be designated as the "Affordable Housing Trust Fund."
b. 
The following additional funds may be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
1. 
Payments in lieu of on-site construction of affordable units;
2. 
Developer contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;
3. 
Rental income from municipally operated units;
4. 
Repayments from affordable housing program loans;
5. 
Recapture funds;
6. 
Proceeds from the sale of affordable units; and
7. 
Any other funds collected in connection with the Township of Bedminster's affordable housing program.
c. 
Within seven days from the opening of the trust fund account, the Township shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, the bank, and COAH to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).
d. 
All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH.
[Ord. #09-010, § 1]
a. 
The expenditure of all funds shall conform to a spending plan approved by COAH. Funds deposited in the Affordable Housing Trust Fund may be used for any activity approved by COAH to address the Township of Bedminster'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 8.9 and specified in the approved spending plan.
b. 
Funds shall not be expended to reimburse the Township for past housing activities.
c. 
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. 1/3 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.
1. 
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.
2. 
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.
3. 
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.
d. 
The Township may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.
e. 
No more than 20% of all revenues collected from development fees, may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the Affordable Housing Trust Fund.
[Ord. #09-010, § 1]
The Township shall complete and submit to COAH all monitoring reports included in the monitoring requirements related to the collection of development fees from residential and nonresidential developers, payments in lieu of construction affordable units on site, funds from the sale of units with extinguished controls, barrier free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with the Township's affordable housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH.
[Ord. #09-010, § 1]
The Township shall submit to COAH a spending plan for the development fees collected by the Township pursuant to this subsection. The Township will identify the funds on its monitoring report pursuant to N.J.A.C. 5:97-8.12 and include a plan for the use of the funds in its spending plan pursuant to N.J.A.C. 5:97-8.10. The spending plan shall be subject to the review and approval of COAH pursuant to N.J.A.C. 5:96-5.3. The plan to spend development fees shall consist of the following information:
a. 
A projection of revenues anticipated from imposing fees on development, based on pending, approved and anticipated developments and historic development activity;
b. 
A projection of revenues anticipated from other sources, including contributions from developers as a result of negotiated agreements, payments in lieu of constructing affordable units on sites zoned for affordable housing, funds from the sale of units with extinguished controls, proceeds from the sale of affordable units, rental income, repayments from affordable housing program loans, and interest earned;
c. 
A description of the administrative mechanism that the Township will use to collect and distribute revenues;
d. 
A description of the anticipated use of all Affordable Housing Trust Funds pursuant to N.J.A.C. 5:97-8.7, 8.8 and 8.9;
e. 
A schedule for the expenditure of all Affordable Housing Trust Funds;
f. 
A schedule for the creation or rehabilitation of housing units, if applicable;
g. 
In the event the Township supports or sponsors public sector or nonprofit construction of housing, a proforma statement of the anticipated costs and revenues associated with the development, consistent with the standards required by the New Jersey Housing and Mortgage Finance Agency in its review of funding applications;
h. 
As to the existing affordable housing plan maintained by the Township, a plan to send the trust fund balance as of the date of its third round petition within four years of COAH's approval of the spending plan, or in accordance with an implementation schedule approved by COAH;
i. 
The manner through which the Township will address any expected or unexpected shortfall if the anticipated revenues from development fees are not sufficient to implement the plan; and
j. 
A description of the anticipated use of excess affordable housing trust funds, in the event more funds than anticipated are collected, or projected funds exceed the amount necessary for satisfying the Township's affordable housing obligation.
[Ord. #09-010, § 1]
The Township's ability to impose, collect and expend development fees shall expire with its substantive certification unless the Township has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification, and has received COAH's approval of this subsection. If the Township fails to renew its ability to impose and collect development fees prior to the expiration of its substantive certification, 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 (C.52:27D-320). The Township shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance, nor shall the Township retroactively impose a development fee on such a development. The Township shall not expend development fees after the expiration of its substantive certification or judgment of compliance.
[Ord. #98-25, § 2]
Prior to the commencement of any on-site construction, there shall be executed and delivered to the Township Committee a Developer's Agreement between the applicant and the Township of Bedminster incorporating all of the terms and conditions of final approval, except that such Developer's Agreement shall not be required for the following:
a. 
Minor subdivisions and minor site plans; or
b. 
Major subdivisions and/or major site plans for which the value of site improvements as determined by an engineer's estimate (as approved by the Township Engineer) does not exceed $50,000; or
c. 
Major subdivisions in which no public improvements are required.
d. 
The Planning Board or Zoning Board, as the case may be, shall have the right to specifically require a Developer's Agreement notwithstanding the exceptions set forth in paragraphs a, b, or c hereinabove.
The Developer's Agreement shall be drawn by the Township Attorney and shall be executed by the applicant. Legal fees associated with the preparation and negotiation of the Developer's Agreement shall be paid by the applicant in accordance with the fees established in Section 13-901.
[Ord. #09-004. § 1; Ord. No. 2018-010]
a. 
Monitoring and Reporting Requirements. The Township of Bedminster shall comply with the following monitoring and reporting requirements regarding the status of the implementation of its Court-approved Housing Element and Fair Share Plan:
1. 
Beginning on January 16, 2019, and on every anniversary of that date through January 16, 2025, the Township agrees to provide annual reporting of its Affordable Housing Trust Fund activity to the New Jersey Department of Community Affairs, Council on Affordable Housing, or Local Government Services, or other entity designated by the State of New Jersey, with a copy provided to Fair Share Housing Center (FSHC) and posted on the municipal website, using forms developed for this purpose by the New Jersey Department of Community Affairs (NJDCA), Council on Affordable Housing (COAH), or Local Government Services (NJLGS). The reporting shall include an accounting of all Affordable Housing Trust Fund activity, including the source and amount of funds collected and the amount and purpose for which any funds have been expended.
2. 
Beginning on January 16, 2019, and on every anniversary of that date through January 16, 2025, the Township agrees to provide annual reporting of the status of all affordable housing activity within the municipality through posting on the municipal website with a copy of such posting provided to FSHC, using forms previously developed for this purpose by COAH or any other forms endorsed by the Special Master and FSHC.
3. 
By July 1, 2020, as required pursuant to N.J.S.A. 52:27D-313, the Township will post on its municipal website, with a copy provided to FSHC, a status report as to its implementation of its Plan and an analysis of whether any unbuilt sites or unfulfilled mechanisms continue to present a realistic opportunity. Such posting shall invite any interested party to submit comments to the municipality, with a copy to FSHC, regarding whether any sites no longer present a realistic opportunity and should be replaced and whether any mechanisms to meet unmet need should be revised or supplemented. Any interested party may by motion request a hearing before the Court regarding these issues.
4. 
By July 1, 2020, and every third year thereafter, as required by N.J.S.A. 52:27D-32 9.1, the Township will post on its municipal website, with a copy provided to FSHC, a status report as to its satisfaction of its very low income requirements, including its family very low income requirements. Such posting shall invite any interested party to submit comments to the municipality and FSHC on the issue of whether the municipality has complied with its very low income and family very low income housing obligations.
b. 
Definitions. The following terms when used in this section shall have the meanings given in this section:
ACT
Means the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.)
ADAPTABLE
Means constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
ADMINISTRATIVE AGENT
Means the entity designated by the Township to administer affordable units in accordance with this section, N.J.A.C. 5:93, and UHAC (N.J.A.C. 5:80-26).
AFFIRMATIVE MARKETING
Means a regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
AFFORDABILITY AVERAGE
Means the average percentage of median income at which new restricted units in an affordable housing development are affordable to low- and moderate-income households.
AFFORDABLE
Means, a sales price or rent level that is within the means of a low- or moderate income household as defined within N.J.A.C. 5:93-7.4, and, in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.
AFFORDABLE HOUSING DEVELOPMENT
Means a development included in or approved pursuant to the Housing Element and Fair Share Plan or otherwise intended to address the Township's fair share obligation, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100 percent affordable housing development.
AFFORDABLE HOUSING PROGRAM(S)
Means any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.
AFFORDABLE UNIT
Means a housing unit proposed or created pursuant to the Act and approved for crediting by the Court and/or funded through an affordable housing trust fund.
AGENCY
Means the New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).
AGE-RESTRICTED UNIT
Means a housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that: 1) all the residents of the development wherein the unit is situated are 62 years of age or older; or 2) at least 80 percent of the units are occupied by one person who is 55 years of age or older; or 3) the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
ALTERNATIVE LIVING ARRANGEMENT
Means a structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangements include, but are not limited to: transitional facilities for the homeless; Class A, B, C, D and E boarding homes as regulated by the State of New Jersey Department of Community Affairs; residential health care facilities as regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements.
ASSISTED LIVING RESIDENCE
Means a facility that is licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
CERTIFIED HOUSEHOLD
Means a household that has been certified by an Administrative Agent as a low-income household or moderate-income household.
COAH
Means the Council on Affordable Housing, as established by the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301, et seq.).
DCA
Means the State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT
Means a housing unit with health and safety code violations that requires the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load bearing structural systems.
DEVELOPER
Means any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land included in a proposed development including the holder of an option to contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
Means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1, et seq.
INCLUSIONARY DEVELOPMENT
Means a development containing both affordable units and market rate units. This term includes, but is not limited to: new construction, the conversion of a non residential structure to residential use and the creation of new affordable units through the gut rehabilitation or reconstruction of a vacant residential structure.
LOW-INCOME HOUSEHOLD
Means a household with a total gross annual household income equal to 50 percent or less of the regional median household income by household size.
LOW-INCOME UNIT
Means a restricted unit that is affordable to a low-income household.
MAJOR SYSTEM
Means the primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and load bearing structural systems.
MARKET-RATE UNITS
Means housing not restricted to low- and moderate-income households that may sell or rent at any price.
MEDIAN INCOME
Means the median income by household size for the applicable housing region, as adopted annually by COAH or a successor entity approved by the Court.
MODERATE-INCOME HOUSEHOLD
Means a household with a total gross annual household income in excess of 50 percent but less than 80 percent of the regional median household income by household size.
MODERATE-INCOME UNIT
Means a restricted unit that is affordable to a moderate-income household.
NON-EXEMPT SALE
Means any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a Class A beneficiary and the transfer of ownership by court order.
RANDOM SELECTION PROCESS
Means a process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).
REGIONAL ASSET LIMIT
Means the maximum housing value in each housing region affordable to a four-person household with an income at 80 percent of the regional median as defined by duly adopted Regional Income Limits published annually by COAH or a successor entity.
REHABILITATION
Means the repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
RENT
Means the gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.
RESTRICTED UNIT
Means a dwelling unit, whether a rental unit or an ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.
UHAC
Means the Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26, et seq.
VERY LOW-INCOME HOUSEHOLD
Means a household with a total gross annual household income equal to 30 percent or less of the regional median household income by household size.
VERY LOW-INCOME UNIT
Means a restricted unit that is affordable to a very low-income household.
WEATHERIZATION
Means building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for purposes of a rehabilitation program.
c. 
Applicability.
1. 
The provisions of this section shall apply to all affordable housing developments and affordable housing units that currently exist and that are proposed to be created within the Township of Bedminster pursuant to the Township's most recently adopted Housing Element and Fair Share Plan.
2. 
Moreover, this section shall apply to all developments that contain low-and moderate- income housing units, including any currently unanticipated future developments that will provide low- and moderate-income housing units.
3. 
Any property in the Township of Bedminster that is currently zoned for nonresidential uses and subsequently receives a zoning change or use variance or approval of a redevelopment plan to permit residential development, or that is currently zoned for residential uses and receives a zoning change or density variance or approval of a redevelopment plan to permit higher density residential development, provided such density is at least twice the density previously permitted, shall provide an affordable housing set-aside of 15 percent if the affordable units will be for rent and 20 percent if the affordable units will be for sale. No property shall be subdivided so as to avoid compliance with this requirement. Moreover, this provision governs municipal actions and shall not entitle any property owner or developer to such action by the Township. All affordable units created pursuant to this paragraph shall be governed by the provisions of this section.
d. 
Alternative Living Arrangements.
1. 
The administration of an alternative living arrangement shall be in compliance with N.J.A.C. 5:93-5.8 and UHAC, with the following exceptions:
(a) 
Affirmative marketing (N.J.A.C. 5:80-26.15), provided, however, that the units or bedrooms may be affirmatively marketed by the provider in accordance with an alternative plan approved by the Court;
(b) 
Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).
2. 
With the exception of units established with capital funding through a 20-year operating contract with the Department of Human Services, Division of Developmental Disabilities, alternative living arrangements shall have at least 30 year controls on affordability in accordance with UHAC, unless an alternative commitment is approved by the Court.
3. 
The service provider for the alternative living arrangement shall act as the Administrative Agent for the purposes of administering the affirmative marketing and affordability requirements for the alternative living arrangement.
e. 
Phasing Schedule for Inclusionary Zoning. In inclusionary developments, the following schedule shall be followed:
Maximum Percentage of Market-Rate Units Completed
Minimum Percentage of Low- and Moderate-Income Units Completed
25
0
25+1
10
50
50
75
75
90
100
f. 
New Construction.
1. 
Low/Moderate Split and Bedroom Distribution of Affordable Housing Units:
(a) 
The fair share obligation shall be divided equally between low- and moderate- income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low income unit. At least 13 percent of all affordable units shall be very low- income units (affordable to a household earning 30 percent or less of regional median income by household size), with half of the very low-income units being available to families. The very low-income units shall be counted as part of the required number of low income units within the development.
(b) 
In each affordable development, at least 50 percent of the restricted units within each bedroom distribution shall be very low or low-income units.
(c) 
Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:
(1) 
The combined number of efficiency and one-bedroom units shall be no greater than 20 percent of the total low- and moderate-income units;
(2) 
At least 30 percent of all low- and moderate-income units shall be two bedroom units;
(3) 
At least 20 percent of all low- and moderate-income units shall be three bedroom units; and
(4) 
The remaining units may be allocated among two and three bedroom units at the discretion of the developer.
(d) 
Affordable developments that are age-restricted shall be structured such that the number of bedrooms shall equal the number of age-restricted low- and moderate-income limits within the inclusionary development. This standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.
2. 
Accessibility Requirements:
(a) 
The first floor of all restricted townhouse dwelling units and all restricted units in all other multistory buildings shall be subject to the technical design standards of the Barrier Free SubCode, N.J.A.C. 5:23-7 and the following:
(b) 
All restricted townhouse dwelling units and all restricted units in other multistory buildings in which a restricted dwelling unit is attached to at least one other dwelling unit shall have the following features:
(1) 
An adaptable toilet and bathing facility on the first floor; and
(2) 
An adaptable kitchen on the first floor; and
(3) 
An interior accessible route of travel on the first floor; and
(4) 
An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and
(5) 
If not all of the foregoing requirements in (b)(1) through (b)(4) can be satisfied, then an interior accessible route of travel must be provided between stories within an individual unit, but if all of the terms of paragraphs (b)(1) through (b)(4) above have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; and
(6) 
An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-31 la, et seq.) and the Barrier Free SubCode, N.J.A.C. 5:23-7, or evidence that Bedminster has collected funds from the developer sufficient to make 10 percent of the adaptable entrances in the development accessible:
[a] 
Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.
[b] 
To this end, the builder of restricted units shall deposit funds within the Township of Bedminster's Affordable Housing Trust Fund sufficient to install accessible entrances in 10 percent of the affordable units that have been constructed with adaptable entrances.
[c] 
The funds deposited under paragraph 6)b) above shall be used by the Township of Bedminster for the sole purpose of making the adaptable entrance of an affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
[d] 
The developer of the restricted units shall submit a design plan and cost estimate to the Construction Official of the Township of Bedminster for the conversion of adaptable to accessible entrances.
[e] 
Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meet the requirements of the Barrier Free SubCode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Township's Affordable Housing Trust Fund in care of the Township Treasurer who shall ensure that the funds are deposited into the Affordable Housing Trust Fund and appropriately earmarked.
[f] 
Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is "site impracticable" to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free SubCode, N.J.A.C. 5:23-7.
3. 
Design:
(a) 
In inclusionary developments, to the extent possible, low- and moderate-income units shall be integrated with the market units.
(b) 
In inclusionary developments, low- and moderate-income units shall have access to all of the same common elements and facilities as the market units.
4. 
Maximum Rents and Sales Prices:
(a) 
In establishing rents and sales prices of affordable housing units, the Administrative Agent shall follow the procedures set forth in UHAC, utilizing the most recently published regional weighted average of the uncapped Section 8 income limits published by HUD and the calculation procedures set forth in the Consent Order entered on August 3, 2017, by the Honorable Thomas C. Miller, P.J.Cv., in In the Matter of the Township of Bridgewater for a Consent Order Approving Income Limits and Rent Increases, Docket No. SOM-L-934-15.
(b) 
Income limits for all units that are part of the Plan and for which income limits are not already established through a federal program exempted from the Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26.1 shall be updated by the Township annually within 30 days of the publication of determinations of median income by HUD as follows:
(1) 
Region 3 income limits shall be established based on the median income by household size, which shall be established by a regional weighted average of the uncapped Section 8 income limits published by HUD. To compute this regional income limit, the HUD determination of median county income for a family of four is multiplied by the estimated households within the county according to the most recent decennial Census. The resulting product for each county within the housing region is summed. The sum is divided by the estimated total households from the most recent decennial Census in the Township's housing region. This quotient represents the regional weighted average of median income for a household of four. The income limit for a moderate-income unit for a household of four shall be 80 percent of the regional weighted average median income for a family of four. The income limit for a low-income unit for a household of four shall be 50 percent of the HUD determination of the regional weighted average median income for a family of four. The income limit for a very low income unit for a household of four shall be 30 percent of the regional weighted average median income for a family of four. These income limits shall be adjusted by household size based on multipliers used by HUD to adjust median income by household size. In no event shall the income limits be less than those for the previous year.
(2) 
The Region 3 income limits are the result of applying the percentages set forth in paragraph (a) above to HUD's determination of median income for FY 2017, and shall be utilized until the Township updates the income limits after HUD has published revised determinations of median income for the next fiscal year.
(3) 
The Regional Asset Limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3 shall be calculated by the Township annually by taking the percentage increase of the income limits calculated pursuant to paragraph (a) above over the previous year's income limits, and applying the same percentage increase to the Regional Asset Limit from the prior year. In no event shall the Regional Asset Limit be less than that for the previous year.
(c) 
The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than 60 percent of median income, and the average rent for restricted rental units shall be affordable to households earning no more than 52 percent of median income.
(d) 
The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate income units, provided that at least 13 percent of all low- and moderate-income units shall be affordable to very low-income households, which very low-income units shall be part of the low-income requirement.
(e) 
The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70 percent of median income, and each affordable development must achieve an affordability average of 55 percent for restricted ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three different sales prices for each bedroom type, and low-income ownership units must be available for at least two different sales prices for each bedroom type.
(f) 
In determining the initial sales prices and rent levels for compliance with the affordability average requirements for restricted units other than assisted living facilities and age restricted developments, the following standards shall be used:
(1) 
A studio shall be affordable to a one-person household;
(2) 
A one-bedroom unit shall be affordable to a one and one-half person household;
(3) 
A two-bedroom unit shall be affordable to a three-person household;
(4) 
A three-bedroom unit shall be affordable to a four and one-half person household; and
(5) 
A four-bedroom unit shall be affordable to a six-person household.
(g) 
In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units in assisted living facilities and age restricted developments, the following standards shall be used:
(1) 
A studio shall be affordable to a one-person household;
(2) 
A one-bedroom unit shall be affordable to a one and one-half person household; and
(3) 
A two-bedroom unit shall be affordable to a two-person household or to two one-person households.
(h) 
The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95 percent of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 28 percent of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80- 26.3, as may be amended and supplemented.
(i) 
The initial rent for a restricted rental unit shall be calculated so as not to exceed 30 percent of the eligible monthly income of the appropriate size household, including an allowance for tenant paid utilities, as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26 .3, as may be amended and supplemented.
(j) 
The price of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the Administrative Agent be lower than the last recorded purchase price.
(k) 
The rents of very low-, low- and moderate-income units may be increased annually based on the permitted percentage increase in the Housing Consumer Price Index for the Northeast Urban Area. This increase shall not exceed nine percent in any one year. Rent increases for units constructed pursuant to low- income housing tax credit regulations shall be indexed pursuant to the regulations governing low- income housing tax credits.
g. 
Utilities.
1. 
Affordable units shall utilize the same type of heating source as market units within an inclusionary development.
2. 
Tenant-paid utilities included in the utility allowance shall be set forth in the lease and shall be consistent with the utility allowance approved by HUD for the Section 8 program.
h. 
Occupancy Standards. In referring certified households to specific restricted units, the Administrative Agent shall, to the extent feasible and without causing an undue delay in the occupancy of a unit, strive to:
1. 
Provide an occupant for each bedroom;
2. 
Provide children of different sexes with separate bedrooms;
3. 
Provide separate bedrooms for parents and children; and
4. 
Prevent more than two persons from occupying a single bedroom.
i. 
Control Periods for Restricted Ownership Units and Enforcement Mechanisms.
1. 
Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each restricted ownership unit shall remain subject to the requirements of this section for a period of at least 30 years, until Bedminster takes action to release the unit from such requirements; prior to such action, a restricted ownership unit must remain subject to the requirements of N.J.A.C. 5:80-26 .1, as may be amended and supplemented.
2. 
The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.
3. 
Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the Administrative Agent shall determine the restricted price for the unit and shall also determine the non-restricted, fair market value of the unit based on either an appraisal or the unit's equalized assessed value without the restrictions in place.
4. 
At the time of the initial sale of the unit, the initial purchaser shall execute and deliver to the Administrative Agent a recapture note obligating the purchaser (as well as the purchaser's heirs, successors and assigns) to repay, upon the first non-exempt sale after the unit' s release from the restrictions set forth in this section, an amount equal to the difference between the unit's non-restricted fair market value and its restricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.
5. 
The affordability controls set forth in this section shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.
6. 
A restricted ownership unit shall be required to obtain a Continuing Certificate of Occupancy or a certified statement from the Construction Official stating that the unit meets all Code standards upon the first transfer of title following the removal of the restrictions provided under N.J.A.C. 5:80-26.S(a), as may be amended and supplemented.
j. 
Price Restrictions for Restricted Ownership Units, Homeowner Association Fees and Resale Prices. Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:
1. 
The initial purchase price for a restricted ownership unit shall be approved by the Administrative Agent.
2. 
The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.
3. 
The master deeds of inclusionary developments shall provide no distinction between the condominium or homeowner association fees and special assessments paid by low- and moderate-income purchasers and those paid by market purchasers.
4. 
The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of anticipated capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom. See Section 13.
k. 
Buyer Income Eligibility.
1. 
Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80 -26.1, as may be amended and supplemented, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to 50 percent of median income and moderate-income ownership units shall be reserved for households with a gross household income less than 80 percent of median income.
2. 
Notwithstanding the foregoing, the Administrative Agent may, upon approval by the Township Committee, and subject to the Court's approval, permit a moderate-income purchaser to buy a low-income unit if and only if the Administrative Agent can demonstrate that there is an insufficient number of eligible low-income purchasers in the housing region to permit prompt occupancy of the unit and all other reasonable efforts to attract a low income purchaser, including pricing and financing incentives, have failed. Any such low-income unit that is sold to a moderate-income household shall retain the required pricing and pricing restrictions for a low-income unit.
3. 
A certified household that purchases a restricted ownership unit must occupy it as the certified household's principal residence and shall not lease the unit; provided, however, that the Administrative Agent may permit the owner of a restricted ownership unit, upon application and a showing of hardship, to lease the restricted unit to another certified household for a period not to exceed one year.
4. 
The Administrative Agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 33 percent of the household's eligible monthly income.
l. 
Limitations on Indebtedness Secured by Ownership Unit; Subordination.
1. 
Prior to incurring any indebtedness to be secured by a restricted ownership unit, the owner shall apply to the Administrative Agent for a determination in writing that the proposed indebtedness complies with the provisions of this section, and the Administrative Agent shall issue such determination prior to the owner incurring such indebtedness.
2. 
With the exception of First Purchase Money Mortgages, neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95 percent of the maximum allowable resale price of the unit, as such price is determined by the Administrative Agent in accordance with N.J.A.C. 5:80-26.6(b).
m. 
Capital Improvements To Ownership Units.
1. 
The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of capital improvements made since the purchase of the unit. Eligible capital improvements shall be those that render the unit suitable for a larger household or that add an additional bathroom. In no event shall the maximum sales price of an improved housing unit exceed the limits of affordability for the larger household.
2. 
Upon the resale of a restricted ownership unit, all items of property that are permanently affixed to the unit or were included when the unit was initially restricted (for example, refrigerator, range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be included in the maximum allowable resale price. Other items may be sold to the purchaser at a reasonable price that has been approved by the Administrative Agent at the time of the signing of the agreement to purchase. The purchase of central air conditioning installed subsequent to the initial sale of the unit and not included in the base price may be made a condition of the unit resale provided the price, which shall be subject to 10-year, straight-line depreciation, has been approved by the Administrative Agent. Unless otherwise approved by the Administrative Agent, the purchase of any property other than central air conditioning shall not be made a condition of the unit resale. The owner and the purchaser must personally certify at the time of closing that no unapproved transfer of funds for the purpose of selling and receiving property has taken place at the time of or as a condition of resale.
n. 
Control Periods for Restricted Rental Units.
1. 
Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80- 26.11, as may be amended and supplemented, and each restricted rental unit shall remain subject to the requirements of this section for a period of at least 30 years, until Bedminster takes action to release the unit from such requirements. Prior to such action, a restricted rental unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
2. 
Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the records office of the County of Somerset. A copy of the filed document shall be provided to the Administrative Agent within 30 days of the receipt of a Certificate of Occupancy.
3. 
A restricted rental unit shall remain subject to the affordability controls of this section despite the occurrence of any of the following events:
(a) 
Sublease or assignment of the lease of the unit;
(b) 
Sale or other voluntary transfer of the ownership of the unit; or
(c) 
The entry and enforcement of any judgment of foreclosure on the property containing the unit.
o. 
Rent Restrictions for Rental Units; Leases.
1. 
A written lease shall be required for all restricted rental units and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the Administrative Agent.
2. 
No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the Administrative Agent.
3. 
Application fees (including the charge for any credit check) shall not exceed five percent of the monthly rent of the applicable restricted unit and shall be payable to the Administrative Agent to be applied to the costs of administering the controls applicable to the unit as set forth in this section.
4. 
No rent control ordinance or other pricing restriction shall be applicable to either the market units or the affordable units in any development in which at least 15 percent of the total number of dwelling units are restricted rental units in compliance with this section.
p. 
Tenant Income Eligibility.
1. 
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined as follows:
(a) 
Very low-income rental units shall be reserved for households with a gross household income less than or equal to 30 percent of the regional median household income by household size.
(b) 
Low-income rental units shall be reserved for households with a gross household income less than or equal to 50 percent of the regional median household income by household size.
(c) 
Moderate-income rental units shall be reserved for households with a gross household income less than 80 percent of the regional median household income by household size.
2. 
The Administrative Agent shall certify a household as eligible for a restricted rental unit when the household is a very low-income household, low-income household or a moderate income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35 percent (40 percent for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
(a) 
The household currently pays more than 35 percent (40 percent for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;
(b) 
The household has consistently paid more than 35 percent (40 percent for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;
(c) 
The household is currently in substandard or overcrowded living conditions;
(d) 
The household documents the existence of assets with which the household proposes to supplement the rent payments; or
(e) 
The household documents reliable anticipated third-party assistance from an outside source such as a family member in a form acceptable to the Administrative Agent and the owner of the unit.
3. 
The applicant shall file documentation sufficient to establish the existence of the circumstances in paragraphs p1(a) through p2(e) above with the Administrative Agent, who shall counsel the household on budgeting.
q. 
Municipal Housing Liaison.
1. 
The Township of Bedminster shall appoint a specific municipal employee to serve as a Municipal Housing Liaison responsible for overseeing the Township's affordable housing program, including overseeing the administration of affordability controls on the affordable units and the affirmative marketing of available affordable units in accordance with the Township's Affirmative Marketing Plan; fulfilling monitoring and reporting requirements; and supervising Administrative Agent(s). Bedminster shall adopt an Ordinance creating the position of Municipal Housing Liaison and a Resolution appointing the person to fulfill the position of Municipal Housing Liaison. The Municipal Housing Liaison shall be appointed by the governing body and may be a full or part time municipal employee. The Municipal Housing Liaison shall be approved by the Court and shall be duly qualified through a training program sponsored by Affordable Housing Professionals of New Jersey before assuming the duties of Municipal Housing Liaison.
2. 
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for Bedminster, including the following responsibilities which may not be contracted out to the Administrative Agent:
(a) 
Serving as Bedminster's primary point of contact for all inquiries from the State, affordable housing providers, Administrative Agents and interested households;
(b) 
Monitoring the status of all restricted units in Bedminster's Fair Share Plan;
(c) 
Compiling, verifying, submitting and posting all monitoring reports as required by the Court and by this section;
(d) 
Coordinating meetings with affordable housing providers and Administrative Agents, as needed; and
(e) 
Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing at least annually and more often as needed.
3. 
Subject to the approval of the Court, the Township of Bedminster shall designate one or more Administrative Agent(s) to administer and to affirmatively market the affordable units constructed in the Township in accordance with UHAC and this section. An Operating Manual for each affordable housing program shall be provided by the Administrative Agent(s) to be adopted by resolution of the governing body and subject to approval of the Court. The Operating Manual(s) shall be available for public inspection in the office of the Township Clerk, in the office of the Municipal Housing Liaison, and in the office(s) of the Administrative Agent(s). The Municipal Housing Liaison shall supervise the work of the Administrative Agent(s).
r. 
Administrative Agent. An Administrative Agent shall be an independent entity serving under contract to and reporting to the municipality. The fees of the Administrative Agent shall be paid by the owners of the affordable units for which the services of the Administrative Agent are required. The Administrative Agent shall perform the duties and responsibilities of an Administrative Agent as set forth in UHAC, including those set forth in Sections 5:80-26.14, 16 and 18 thereof, which includes:
1. 
Affirmative Marketing:
(a) 
Conducting an outreach process to affirmatively market affordable housing units in accordance with the Affirmative Marketing Plan of the Township of Bedminster and the provisions of N.J.A.C. 5:80-26.15; and
(b) 
Providing counseling or contracting to provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
2. 
Household Certification:
(a) 
Soliciting, scheduling, conducting and following up on interviews with interested households;
(b) 
Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate income unit;
(c) 
Providing written notification to each applicant as to the determination of eligibility or non-eligibility;
(d) 
Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendices J and K of N.J.A.C. 5:80-26.1 et seq.;
(e) 
Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located;
(f) 
Employing a random selection process as provided in the Affirmative Marketing Plan of the Township of Bedminster when referring households for certification to affordable units; and
(g) 
Notifying the following entities of the availability of affordable housing units in the Township of Bedminster: Fair Share Housing Center, the New Jersey State Conference of the NAACP, the Latino Action Network, the New Brunswick, Plainfield Area, Perth Amboy and Metuchen/Edison branches of the NAACP, NORWESCAP, the Supportive Housing Association, and the Central Jersey Housing Resource Center.
3. 
Affordability Controls:
(a) 
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;
(b) 
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;
(c) 
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the Somerset County Register of Deeds or Somerset County Clerk's office after the termination of the affordability controls for each restricted unit;
(d) 
Communicating with lenders regarding foreclosures; and
(e) 
Ensuring the issuance of Continuing Certificates of Occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
4. 
Resales and Rerentals:
(a) 
Instituting and maintaining an effective means of communicating information between owners and the Administrative Agent regarding the availability of restricted units for resale or rerental; and
(b) 
Instituting and maintaining an effective means of communicating information to low- (or very low-) and moderate-income households regarding the availability of restricted units for resale or re-rental.
5. 
Processing Requests from Unit Owners:
(a) 
Reviewing and approving requests for determination from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership that the amount of indebtedness to be incurred will not violate the terms of this section;
(b) 
Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the depreciated cost of central air conditioning systems;
(c) 
Notifying the municipality of an owner's intent to sell a restricted unit; and
(d) 
Making determinations on requests by owners of restricted units for hardship waivers.
6. 
Enforcement:
(a) 
Securing annually from the municipality a list of all affordable housing units for which tax bills are mailed to absentee owners, and notifying all such owners that they must either move back to their unit or sell it;
(b) 
Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the Administrative Agent;
(c) 
Posting annually, in all rental properties (including two-family homes), a notice as to the maximum permitted rent together with the telephone number of the Administrative Agent where complaints of excess rent or other charges can be made;
(d) 
Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;
(e) 
Establishing a program for diverting unlawful rent payments to the municipality's Affordable Housing Trust Fund; and
(f) 
Creating and publishing a written operating manual for each affordable housing program administered by the Administrative Agent, to be approved by the Township Committee and the Court, setting forth procedures for administering the affordability controls.
7. 
Additional Responsibilities:
(a) 
The Administrative Agent shall have the authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.
(b) 
The Administrative Agent shall prepare monitoring reports for submission to the Municipal Housing Liaison in time to meet the Court-approved monitoring and reporting requirements in accordance with the deadlines set forth in this section.
(c) 
The Administrative Agent shall attend continuing education sessions on affordability controls, compliance monitoring, and affirmative marketing at least annually and more often as needed.
s. 
Affirmative Marketing Requirements.
1. 
The Township of Bedminster shall adopt by resolution an Affirmative Marketing Plan, subject to approval of the Court, that is compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented.
2. 
The Affirmative Marketing Plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The Affirmative Marketing Plan is intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs marketing activities toward Housing Region 3 and is required to be followed throughout the period of restriction.
3. 
The Affirmative Marketing Plan shall provide a regional preference for all households that live and/or work in Housing Region 3, comprised of Hunterdon, Middlesex and Somerset Counties.
4. 
The municipality has the ultimate responsibility for adopting the Affirmative Marketing Plan and for the proper administration of the Affirmative Marketing Program, including initial sales and rentals and resales and rerentals. The Administrative Agent designated by the Township of Bedminster shall implement the Affirmative Marketing Plan to assure the affirmative marketing of all affordable units.
5. 
In implementing the Affirmative Marketing Plan, the Administrative Agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
6. 
The Affirmative Marketing Plan shall describe the media to be used in advertising and publicizing the availability of housing. In implementing the Affirmative Marketing Plan, the Administrative Agent shall consider the use of language translations where appropriate.
7. 
The affirmative marketing process for available affordable units shall begin at least four months (120 days) prior to the expected date of occupancy.
8. 
Applications for affordable housing shall be available in several locations, including, at a minimum, the County Administration Building and/or the County Library for each county within the housing region; the municipal administration building and the municipal library in the municipality in which the units are located; /and the developer's rental office. Applications shall be mailed to prospective applicants upon request.
9. 
In addition to other affirmative marketing strategies, the Administrative Agent shall provide specific notice of the availability of affordable housing units in Bedminster, and copies of the application forms, to the following entities: Fair Share Housing Center, the New Jersey State Conference of the NAACP, the Latino Action Network, the New Brunswick, Plainfield Area, Perth Amboy, and Metuchen/Edison branches of the NAACP, NORWESCAP, the Supportive Housing Association, and the Central Jersey Housing Resource Center.
10. 
The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner.
t. 
Enforcement of Affordable Housing Regulations.
1. 
Upon the occurrence of a breach of any of the regulations governing an affordable unit by an Owner, Developer or Tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, a requirement for household recertification, acceleration of all sums due under a mortgage, recuperation of any funds from a sale in violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.
2. 
After providing written notice of a violation to an Owner, Developer or Tenant of a low or moderate-income unit and advising the Owner, Developer or Tenant of the penalties for such violations, the municipality may take the following action(s) against the Owner, Developer or Tenant for any violation that remains uncured for a period of 60 days after service of the written notice:
(a) 
The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation or violations of the regulations governing the affordable housing unit. If the Owner, Developer or Tenant is adjudged by the Court to have violated any provision of the regulations governing affordable housing units, the Owner, Developer or Tenant shall be subject to one or more of the following penalties, at the discretion of the Court:
(1) 
A fine of not more than $500.00 per day or imprisonment for a period not to exceed 90 days, or both, provided that each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not a continuation of the initial offense;
(2) 
In the case of an Owner who has rented a low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Township of Bedminster Affordable Housing Trust Fund of the gross amount of rent illegally collected;
(3) 
In the case of an Owner who has rented a low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the Court.
(b) 
The municipality may file a court action in the Superior Court seeking a judgment that would result in the termination of the Owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any such judgment shall be enforceable as if the same were a judgment of default of the First Purchase Money Mortgage and shall constitute a lien against the low- or moderate-income unit.
(1) 
The judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the low- and moderate-income unit of the violating Owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any First Purchase Money Mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating Owner shall have his right to possession terminated as well as his title conveyed pursuant to the Sheriffs sale.
(2) 
The proceeds of the Sheriff's sale shall first be applied to satisfy the First Purchase Money Mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating Owner shall be personally responsible for the full extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the Owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the Owner shall make a claim with the municipality for such. Failure of the Owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the Owner or forfeited to the municipality.
(3) 
Foreclosure by the municipality due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The Owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriffs sale shall not be entitled to any right of redemption.
(4) 
If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the First Purchase Money Mortgage and any prior liens, the municipality may acquire title to the low- and moderate-income unit by satisfying the First Purchase Money Mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the First Purchase Money Mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low-and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.
(5) 
Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the Owner to accept an offer to purchase from any qualified purchaser which may be referred to the Owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- and moderate income unit as permitted by the regulations governing affordable housing units.
(6) 
The Owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the Owner.
u. 
Appeals. Appeals from all decisions of an Administrative Agent appointed pursuant to this section shall be filed in writing with the Court.