[Added 4-21-1988 by Ord.
No. 88-5; amended 6-3-2004 by Ord. No. 2004-15; 4-3-2014 by Ord. No. 2014-08]
A. All new developments in R-4 and R-5 Residence Districts which include 20 or more dwelling units must be inclusionary developments as defined in §
166-6B herein.
B. All new units constructed in inclusionary developments shall include
affordability controls in the form of a deed restriction or similar
covenant acceptable to the Township, which shall restrict low- and
moderate-income units to occupancy by income-qualified households,
as described below, for a period of not less than 20 years.
C. The developer of an inclusionary development shall submit, for approval
by the Planning Board, a program for the affirmative marketing, screening
and selection of occupants of the low- and moderate-income units.
This plan shall conform to the regulations of the New Jersey Council
on Affordable Housing and shall at a minimum contain the following
elements:
(1) Identification and marketing of units to representative groups operating
in the Township and its housing region, to be initiated at least 90
days before issuance of temporary or permanent certificates of occupancy.
(2) For initial occupancy and until such time as 50% of the units have
been rented or sold, no more than 50% of the units shall be made available
to individuals currently residing or working in West Deptford Township.
After the first 50% of the units are allocated, all remaining income
legible applicants shall be pooled and offered contracts.
(3) Within each round, random section of eligible applicants shall prevail.
(4) No more than 50% of the units in any single structure shall be reserved
for low- and moderate-income households.
D. The cumulative total of all low- and moderate-income units which
are restricted by minimum age of adults may not exceed 20% of the
Township's fair share obligation, as determined by the Housing Element
of the Master Plan.
E. Affordability.
(1) To the greatest extent practicable, the average price of low- and
moderate-income units shall be affordable to households with an annual
income equal to 57.5% of the regional median, assuming a standard
of 28% of qualified income for purchased housing and 30% for rental
housing.
(2) To the greatest extent practicable, the range of affordability for
purchased housing shall conform to the following schedule for every
20 low- and moderate-income units:
(a)
One unit between 40% and 42.5% of the median.
(b)
Three units between 42.6% and 47.5% of the median.
(c)
Six units between 47.6% and 50% of the median.
(d)
One unit between 50.1% and 57.5% of the median.
(e)
One unit between 57.6% and 64.5% of the median.
(f)
One unit between 64.6% and 68.5% of the median.
(g)
One unit between 68.6% and 72.5% of the median.
(h)
Two units between 72.6% and 77.5% of the median.
(i)
Four units between 77.6% and 80% of the median.
(3) For initial occupancy, priority shall be given to households within
a particular income category, with flexibility within a particular
income category based on affordability controls criteria of the New
Jersey Housing and Mortgage Finance Agency.
F. At least 35% of all low- and moderate-income must be two-bedroom
units. At least 15% must be three-bedroom units. No more than 20%
may be efficiencies.
G. In inclusionary development projects, no low- and moderate-income
units need to be provided until the first 25% of the total project
is completed. Thereafter, 10% of the low- and moderate-income units
must be provided before the next market-priced unit is built.
Milestones are set for parity of low/moderate units with the
total job at 50% and 75% of completion, but all low-/moderate-income
units must be built when the job is 90% complete.
H. No more than 50% of the units in any single multiunit structure shall
be reserved for low- and moderate-income households unless this requirement
is specifically waived by the Planning Board as a condition of site
plan approval. Regardless of whether this requirement is waived as
to any specific structure, it is the intent of this section that low-
and moderate-income units shall be evenly dispersed throughout the
entire development in as uniform a fashion as is practical.
I. Housing trust fund. There is hereby created an interest-bearing housing
trust fund in a bank to be approved by the court or COAH for the purpose
of receiving development fees from residential and nonresidential
developers. All development fees paid by developers pursuant to this
subsection shall be deposited into this fund. No money shall be expended
from the housing trust fund unless the expenditure conforms to a spending
plan approved by COAH or a court of competent jurisdiction.
(1) Use of funds.
(a)
Money deposited in a housing trust fund may be used for any
activity approved by the court or COAH for addressing West Deptford
Township's low- and moderate-income housing obligation. Such activities
may include, but are not necessarily limited to: housing rehabilitation,
new construction, regional contribution agreements, the purchase of
land for low- and moderate-income housing, extensions and/or improvements
of roads and infrastructure to low- and moderate-income housing sites,
assistance designed to render units more affordable to low- and moderate-income
households and administrative costs necessary to implement West Deptford
Township's housing element. The expenditure of all money shall conform
to a spending plan approved by COAH or a court of competent jurisdiction.
(b)
No more than 20% of the revenues shall be expended on administrative
costs necessary to develop, revise or implement the housing element.
Examples of eligible administrative activities include: personnel,
consultant services, space costs, consumable supplies and rental or
purchase of equipment.
[Added 7-6-2006 by Ord.
No. 2006-16; amended 4-3-2014 by Ord. No. 2014-08]
A. Applicability.
(1) Fair share. This section of the Zoning Ordinance of the Township
of West Deptford sets forth the mechanism by which developers shall
provide for a fair share of affordable housing based on growth that
is associated with residential and nonresidential development taking
place within the Township of West Deptford ("Township").
(2) Plan. All development applications submitted under Chapter
102,
143,
166, or any other chapter of the Code of the Township requiring affordable housing, shall submit an affordable housing plan at the time a development application is made specifying how satisfaction of the obligation will be achieved.
(3) Residential development. Except as exempted in §
166-50B, all residential development in the R-1 Rural Residence, R-2 Suburban Residence, R-3 Residence, and R-6 Residence Districts, and the M-4 Residential Manufacturing Districts, that results in an increase in new market-rate dwelling
units in accordance with N.J.A.C. 5:94-1 et seq., shall be subject to the "growth share" provisions of this
section.
(4) Nonresidential development. Except as exempted in §
166-50B, all nonresidential development, and all nonresidential development that results in an increase in gross floor area of any existing nonresidential structure or the construction of a new nonresidential structure in accordance with N.J.A.C. 5:94-1 et seq., shall be subject to the "growth share" provisions of this
section.
B. Exemptions.
(1) Developments that received preliminary or final approval from the
Planning Board and/or Zoning Board of Adjustment, as applicable, prior
to the effective date of this section.
(2) Residential developments that have been zoned to produce a substantial
affordable housing set aside or that include only low- and moderate-income
housing units shall be exempt from the growth share obligations of
this section.
(3) Any redevelopment zone duly designed in the Township by the Township
Committee may be exempted from the growth share obligations of this
section by a majority vote of the Township Committee.
C. Residential growth share provisions.
(1) All residential development which results in the construction of
new market-rate dwelling units in the R-1 Rural Residence, R-2 Suburban
Residence, R-3 Residence, and R-6 Residence Districts and M-4 Residential
Manufacturing Districts shall provide one affordable unit on site for every eight
market rate units constructed.
(2) For developments that result in a number of market-rate residential
units not evenly divisible by eight, the developer shall make a payment
in lieu of constructing the proportionate fraction of the affordable
housing unit required. The amount of said payment shall be established
by dividing the number of market-rate units by eight and multiplying
the resulting fraction by $39,539.
(3) As an alternative to fulfilling the affordable housing requirements
set forth in subsection above, developers may elect to construct an
affordable housing unit elsewhere within the Township, or purchase
an existing market-rate home, and deed to the Township, or other entity
approved by the Township, provided compliance with all applicable
code standards, or, in the alternative, undertake the gut rehabilitation
of an existing residential unit elsewhere within the Township in accordance
with the Township's Reconstruction (gut rehabilitation) Program, which
shall comply with applicable COAH rules at N.J.A.C. 5:94-1 et seq., and deed to the Township or other entity approved by the
Township.
D. Nonresidential growth share provisions.
(1) All nonresidential development in the Township that results in an
increase in gross floor area of any existing nonresidential building
or the construction of new nonresidential building shall provide one
affordable unit for every 25 jobs that result from the application
of standards adopted by COAH (presently found in Appendix E of N.J.A.C.
5:94-1 et seq.) and based on use groups, as defined by the International
Building Code (IBC), which has been incorporated by reference into
the Uniform Construction Code (UCC).'
(2) Except as set forth in Subsection
D(3) below, nonresidential developers shall construct an affordable home elsewhere in the Township, or purchase an existing market-rate residential unit within the Township and deed to the Township, or other entity approved by the Township, provided compliance with all applicable code standards, or, in the alternative, undertake gut rehabilitation of an existing residential unit elsewhere within the Township in accordance with the Township's Reconstruction (gut rehabilitation) Program, which shall comply with applicable COAH rules at N.J.A.C. 5:94-1 et seq., and deed to the Township or other entity approved by the
Township.
(3) For developments that result in a number of jobs not evenly divisible
by 25, the developer shall make a payment in lieu of constructing
the proportionate fraction of the affordable housing unit required.
The amount of said payment shall be established by subtracting any
whole multiples of 25 from the number of jobs being created, dividing
any remaining number of jobs by 25, and multiplying the resulting
fraction by $39,539.
(4) All nonresidential development in the Township that creates less
than 25 jobs shall make a payment in lieu of constructing the proportionate
fraction of the affordable housing unit required. The amount of said
payment shall be established by dividing the number of jobs by 25,
and multiplying the resulting fraction by $39,539.
E. General provisions for constructing affordable units.
(1) Affordable housing units being constructed on site shall meet the
requirements of this section, and shall be in conformance with COAH's
third round rules at N.J.A.C. 5:94-1 et seq. and the Uniform Housing Affordability Controls at N.J.A.C.
5:80-26.1 et seq., including, but not limited to, requirements regarding
phasing schedule, controls on affordability, low-/moderate-income
split, heating source, maximum rent and/or sales prices, affordability
average, bedroom distribution and affirmative marketing.
(2) To the greatest extent possible, affordable housing units being provided
within inclusionary developments shall be disbursed throughout inclusionary
developments and shall be located within buildings designed to be
architecturally indistinguishable from the market-rate units otherwise
being constructed within the development. To that end, the scale,
massing, roof pitch and architectural detailing (such as the selection
of exterior materials, doors, windows, etc.) of the buildings containing
the affordable housing units shall be similar to and compatible with
that of the market-rate units.
F. Payment-in-lieu provisions.
(1) Any payment in lieu amount shall be derived from the analysis of
the subsidy required to create an affordable housing unit in the Township,
which analysis shall be on file in the office of the Township Clerk.
(2) All payments in lieu of constructing affordable housing shall be
deposited by the Township into an affordable housing trust fund to
be established by the Township in conformance with regulations established
by COAH, and shall at all times be identifiable from development fees.
These funds shall be used by the Township in accordance with regulations
established by COAH to create new affordable housing opportunities
within the physical boundaries of the Township.
[Added 1-15-2009 by Ord.
No. 2008-17; amended 2-5-2009 by Ord. No. 2009-01; 4-3-2014 by Ord. No. 2014-08]
A. Purpose.
(1) In Holmdel Builder's Association V. Holmdel Township, 121 N.J. 550
(1990), the New Jersey Supreme Court determined that mandatory development
fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A.
52:27d-301 et seq., and the State Constitution, subject to the Council
on Affordable Housing's (COAH's) adoption of rules.
(2) Pursuant to P.L. 2008, c. 46 section 8 (N.J.S.A. 52:27D-329.2) and
the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1
through 8.7), COAH is authorized to adopt and promulgate regulations
necessary for the establishment, implementation, review, monitoring
and enforcement of municipal affordable housing trust funds and corresponding
spending plans. Municipalities that are under the jurisdiction of
the Council or court of competent jurisdiction and have a COAH-approved
spending plan may retain fees collected from nonresidential development.
(3) This section establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to COAH's regulations
and in accordance P.L. 2008, c. 46, Sections 8 and 32 through 38.
Fees collected pursuant to this section shall be used for the sole
purpose of providing low- and moderate-income housing. This section
shall be interpreted within the framework of COAH's rules on development
fees, codified at N.J.A.C. 5:97-8.
B. Basic requirements.
(1) This section shall not be effective until approved by COAH pursuant
to N.J.A.C. 5:96-5.1.
(2) West Deptford Township shall not spend development fees until COAH
has approved a plan for spending such fees in conformance with N.J.A.C.
5:97-8.10 and N.J.A.C. 5:96-5.3.
C. Definitions.
(1) The following terms, as used in this section, shall have the following
meanings:
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable development.
COAH or THE COUNCIL
The New Jersey Council on Affordable Housing established
under the Act which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the state.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
DEVELOPMENT FEE
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with Sections 1,
5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 35c).
GREEN BUILDING STRATEGIES
Those strategies that minimize the impact of development
on the environment, and enhance the health, safety and well-being
of residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
D. Residential development fees.
(1) Imposed fees.
(a)
Within all residential zoning district(s), residential developers,
except for developers of the types of development specifically exempted
below, shall pay a fee of 1.5% of the equalized assessed value for
residential development, provided no increased density is permitted.
(b)
When an increase in residential density pursuant to N.J.S.A.
40:55D-70d(5) (known as a "d" variance) has been permitted, developers
may be required to pay a development fee of 6% of the equalized assessed
value for each additional unit that may be realized. However, if the
zoning on a site has changed during the two-year period preceding
the filing of such a variance application, the base density for the
purposes of calculating the bonus development fee shall be the highest
density permitted by right during the two-year period preceding the
filing of the variance application.
Example: If an approval allows four units to be constructed
on a site that was zoned for two units, the fees could equal 1% of
the equalized assessed value on the first two units; and the specified
higher percentage up to 6% of the equalized assessed value for the
two additional units, provided zoning on the site has not changed
during the two-year period preceding the filing of such a variance
application.
(2) Eligible exactions, ineligible exactions and exemptions for residential
development.
(a)
Affordable housing developments and developments where the developer
has made a payment in lieu of on-site construction of affordable units
shall be exempt from development fees.
(b)
Developments that have received preliminary or final site plan
approval prior to the adoption of a municipal development fee ordinance
shall be exempt from development fees, unless the developer seeks
a substantial change in the approval. Where a site plan approval does
not apply, a zoning and/or building permit shall be synonymous with
preliminary or final site plan approval for this purpose. The fee
percentage shall be vested on the date that the building permit is
issued.
(c)
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.
(d)
Developers of residential structures demolished and replaced
as a result of a natural disaster, green buildings etc. shall be exempt
from paying a development fee.
E. Nonresidential development fees.
(1) Imposed fees.
(a)
Within all zoning districts, nonresidential developers, except
for developers of the types of development specifically exempted,
shall pay a fee equal to 2.5% of the equalized assessed value of the
land and improvements, for all new nonresidential construction on
an unimproved lot or lots.
(b)
Nonresidential developers, except for developers of the types
of development specifically exempted, shall also pay a fee equal to
2.5% of the increase in equalized assessed value resulting from any
additions to existing structures to be used for nonresidential purposes.
(c)
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the preexisting land and improvement and the equalized assessed
value of the newly improved structure, i.e., land and improvement,
at the time final certificate of occupancy is issued. If the calculation
required under this section results in a negative number, the nonresidential
development fee shall be zero.
(2) Eligible exactions, ineligible exactions and exemptions for nonresidential
development.
(a)
The nonresidential portion of a mixed-use inclusionary or market-rate
development shall be subject to the 2.5% development fee, unless otherwise
exempted below.
(b)
The 2.5% fee shall not apply to an increase in equalized assessed
value resulting from alterations, change in use within existing footprint,
reconstruction, renovations and repairs.
(c)
Nonresidential developments shall be exempt from the payment
of nonresidential development fees in accordance with the exemptions
required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF
"State of New Jersey Non-Residential Development Certification/Exemption"
Form. Any exemption claimed by a developer shall be substantiated
by that developer.
(d)
A developer of a nonresidential development exempted from the
nonresidential development fee pursuant to P.L. 2008, c. 46 shall be subject to it at such time the basis for the
exemption no longer applies, and shall make the payment of the nonresidential
development fee, in that event, within three years after that event
or after the issuance of the final certificate of occupancy of the
nonresidential development, whichever is later.
(e)
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid nonresidential development fees under these circumstances
may be enforceable by Township of West Deptford as a lien against
the real property of the owner.
F. Collection procedures.
(1) Upon the granting of a preliminary, final or other applicable approval,
for a development, the applicable approving authority shall direct
its staff to notify the construction official responsible for the
issuance of a building permit.
(2) For nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption" to be completed as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The Construction Official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in the Form N-RDF. The Tax Assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
(3) The Construction Official responsible for the issuance of a building
permit shall notify the local Tax Assessor of the issuance of the
first building permit for a development which is subject to a development
fee.
(4) Within 90 days of receipt of that notice, the Municipal Tax Assessor,
based on the plans filed, shall provide an estimate of the equalized
assessed value of the development.
(5) The Construction Official responsible for the issuance of a final
certificate of occupancy notifies the local assessor of any and all
requests for the scheduling of a final inspection on property which
is subject to a development fee.
(6) Within 10 business days of a request for the scheduling of a final
inspection, the Municipal Assessor shall confirm or modify the previously
estimated equalized assessed value of the improvements of the development;
calculate the development fee; and thereafter notify the developer
of the amount of the fee.
(7) Should West Deptford 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 (N.J.S.A.
40:55D-8.6).
(8) Fifty percent of the development fee shall be collected at the time
of issuance of the building permit. The remaining portion shall be
collected at the issuance of the certificate of occupancy. The developer
shall be responsible for paying the difference between the fee calculated
at building permit and that determined at issuance of certificate
of occupancy.
(9) Appeal of development fees.
(a)
A developer may challenge residential development fees imposed
by filing a challenge with the County Board of Taxation. Pending a
review and determination by the Board, collected fees shall be placed
in an interest-bearing escrow account by the Township of West Deptford.
Appeals from a determination of the Board may be made to the tax court
in accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
(b)
A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest bearing escrow account by the Township of
West Deptford. Appeals from a determination of the Director may be
made to the tax court in accordance with the provisions of the State
Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days
after the date of such determination. Interest earned on amounts escrowed
shall be credited to the prevailing party.
G. Affordable housing trust fund.
(1) There is hereby created a separate, interest-bearing housing trust
fund to be maintained by the Chief Financial Officer for the purpose
of depositing development fees collected from residential and nonresidential
developers and proceeds from the sale of units with extinguished controls.
(2) The following additional funds shall be deposited in the affordable
housing trust fund and shall at all times be identifiable by source
and amount:
(a)
Payments in lieu of on-site construction of affordable units;
(b)
Developer contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible;
(c)
Rental income from municipally operated units;
(d)
Repayments from affordable housing program loans;
(f)
Proceeds from the sale of affordable units; and
(g)
Any other funds collected in connection with the Township of
West Deptford's affordable housing program.
(3) Within seven days from the opening of the trust fund account, the
Township of West Deptford 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).
(4) All interest accrued in the housing trust fund shall only be used
on eligible affordable housing activities approved by COAH.
H. Use of funds.
(1) The expenditure of all funds shall conform to a spending plan approved
by COAH. Funds deposited in the housing trust fund may be used for
any activity approved by COAH to address the Township of West Deptford'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.
(2) Funds shall not be expended to reimburse the Township of West Deptford
for past housing activities.
(3) At least 30% of all development fees collected and interest earned
shall be used to provide affordability assistance to low- and moderate-income
households in affordable units included in the municipal Fair Share
Plan. One-third of the affordability assistance portion of development
fees collected shall be used to provide affordability assistance to
those households earning 30% or less of median income by region.
(a)
Affordability assistance programs may include down payment assistance,
security deposit assistance, low-interest loans, rental assistance,
assistance with homeowners' association or condominium fees and special
assessments, and assistance with emergency repairs.
(b)
Affordability assistance to households earning 30% or less of
median income may include buying down the cost of low- or moderate-income
units in the municipal Fair Share Plan to make them affordable to
households earning 30% or less of median income. The use of development
fees in this manner shall entitle the Township of West Deptford to
bonus credits pursuant to N.J.A.C. 5:97-3.7.
(c)
Payments in lieu of constructing affordable units on site and
funds from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
(4) The Township of West Deptford may contract with a private or public
entity to administer any part of its Housing Element and Fair Share
Plan, including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:96-18.
(5) No more than 20% of all revenues collected from development fees
may be expended on administration, including, but not limited to,
salaries and benefits for municipal employees or consultant fees necessary
to develop or implement a new construction program, a Housing Element
and Fair Share Plan, and/or an affirmative marketing program. In the
case of a rehabilitation program, no more than 20% of the revenues
collected from development fees shall be expended for such administrative
expenses. Administrative funds may be used for income qualification
of households, monitoring the turnover of sale and rental units, and
compliance with 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.
I. Monitoring.
(1) The Township of West Deptford shall complete and return to COAH all
monitoring forms included in monitoring requirements related to the
collection of development fees from residential and nonresidential
developers, payments in lieu of constructing affordable units on site,
funds from the sale of units with extinguished controls, barrier-free
escrow funds, rental income, repayments from affordable housing program
loans, and any other funds collected in connection with the Township
of West Deptford's housing program, as well as to the expenditure
of revenues and implementation of the plan certified by COAH. All
monitoring reports shall be completed on forms designed by COAH.
J. Ongoing collection of fees.
(1) The ability for the Township of West Deptford to impose, collect
and expend development fees shall expire with its judgment of compliance
unless the Township of West Deptford has filed an adopted Housing
Element and Fair Share Plan with COAH, has petitioned for substantive
certification, and has received COAH's approval of its development
fee ordinance. If the Township of West Deptford fails to renew its
ability to impose and collect development fees prior to the expiration
of judgment of compliance, it may be subject to forfeiture of any
or all funds remaining within its municipal trust fund. Any funds
so forfeited shall be deposited into the "New Jersey Affordable Housing
Trust Fund" established pursuant to section 20 of P.L. 1985, c. 222
(N.J.S.A. 52:27D-320). The Township of West Deptford shall not impose
a residential development fee on a development that receives preliminary
or final site plan approval after the expiration of its judgment of
compliance, nor shall the Township of West Deptford retroactively
impose a development fee on such a development. The Township of West
Deptford shall not expend development fees after the expiration of
its judgment of compliance.