[Added 8-16-1994 by Ord.
No. 729-94]
Any developer of a parcel of land greater than one hundred (100) acres in size and located within the RM(MF) (PUD) Residential Zone for which the developer is seeking approval of a planned development pursuant to N.J.S.A. 40:55D-1 et seq. and the planned unit development option set forth in Article III, § 430-16G, of this chapter may submit a general development plan to the Planning Board prior to the granting of preliminary approval of that development by the Planning Board pursuant to N.J.S.A. 40:55D-46 or 40:55D-48.
The Planning Board shall not approve a general development plan
unless the Planning Board finds the following facts and conclusions:
A.
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the zoning
standards of this City of Perth Amboy Zoning and Land Development
Ordinance.
B.
That the proposals for operation, maintenance and/or conservation
of the common open space are reliable and that the amount, location
and purpose of the common open space are adequate.
C.
That provisions through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic
and the amenities of light and air, recreation and visual enjoyment
are adequate.
D.
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established.
E.
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
A.
All applications seeking approval of a general development plan shall
be submitted initially to the Planning Board.
B.
The Planning Board shall grant or deny general development plan approval
within ninety-five (95) days after submission of a complete application
to the administrative officer or within such further time as may be
consented to by the applicant. Failure of the Planning Board to act
within said ninety-five-day period prescribed shall constitute general
development plan approval of the planned development.
The term of the effect of the general development plan approval
shall be determined by the Planning Board pursuant to the guidelines
set forth below in Subsection A, except that the term of the effect
of the approval shall not exceed twenty (20) years from the date upon
which the developer receives final approval of the first section of
the planned development pursuant to N.J.S.A. 40:55D-1 et seq.
A.
In making its determination regarding the duration of the effect
of approval of the development plan, the Planning Board shall consider.
(1)
The number of dwelling units or amount of nonresidential floor
area to be constructed.
(2)
Prevailing economic conditions.
(3)
The timing schedule to be followed in completing the development
and the likelihood of its fulfillment.
(4)
The developer's capability of completing the proposed development.
(5)
The contents of the general development plan and any conditions
which the Planning Board attaches to the approval thereof.
B.
The planned development shall be developed in accordance with the
general development plan approved by the Planning Board, notwithstanding
any provisions of N.J.S.A. 40:55D-1 et seq. or an ordinance or regulation
adopted pursuant thereto after the effective date of the approval.
A.
The general development plan shall set forth the following:
(1)
The permitted number of dwelling units.
(2)
The amount of nonresidential floor space.
(3)
The residential density for the planned development in its entirety.
(4)
The nonresidential floor area ratio for the planned development
in its entirety.
(5)
A schedule which sets forth the timing of the various sections
of the development, including the number of dwelling units and the
amount of nonresidential floor space by section.
B.
General land use plan. Prepared at a scale of not smaller than one
(1) inch equals one hundred (100) feet, the general land use plan
shall contain the overall tract and demonstrate:
(1)
Tract area based upon a boundary survey prepared by a professional
land surveyor licensed in the State of New Jersey.
(2)
The locations of land uses to be included in the planned development.
(3)
The total number of dwelling units and the gross density for
the planned development.
(4)
The total amount of nonresidential floor area to be provided
and the total floor area ratio for the planned development.
(5)
The land areas to be occupied by each specific land use.
(6)
The gross and net density of each residential land use area.
(7)
The permitted type(s) of dwelling units proposed for each residential
land use area.
(8)
The net floor area ratio of each nonresidential land use area.
(9)
The floor area of each permitted type of nonresidential land
use for each nonresidential land use area.
C.
Circulation plan. Prepared at a scale of not smaller than one (1)
inch equals one hundred (100) feet, the circulation plan shall show:
(1)
The general location and types of transportation facilities,
including facilities for pedestrian access within the planned development.
(2)
Any proposed improvements to the existing transportation system
outside the planned development.
(3)
Typical cross-sections for proposed roads and for proposed improvements
to existing roads which are included in the overall development of
the project.
(4)
Typical cross-sections for pedestrian walkways and bikeways
proposed for the planned development.
D.
Open space plan. Prepared at a scale of not smaller than one (1)
inch equals one hundred (100) feet, the open space plan shall indicate:
(1)
The general location and size of open space area.
(2)
The proposed use of open space areas as it relates to open space,
conservation and recreation purposes.
(3)
Information as to the adequacy of proposed recreation facilities
to accommodate projected development population.
(4)
A general description of improvements, including graphic representation
of such improvements, proposed to be made to open space areas within
the planned development.
(5)
Description of the plan for the operation and maintenance of
all proposed public and/or private park, recreation and/or conservation
lands.
E.
Utility plan. Prepared at a scale of not smaller than one (1) inch
equals one hundred (100) feet; the utility plan shall indicate the
need for and show:
(1)
The location and extent of existing and proposed sewage and
water lines.
(2)
The general location of pump stations, if required.
(3)
Existing and proposed drainage facilities.
(4)
Proposed methods for handling solid waste disposal, including
recyclable.
(5)
An engineer's report providing the following information and
analyses:
(a)
Estimates of water consumption and sewage flows generated by
the proposed development at total completion and at completion of
each proposed section.
(b)
Analysis of water supply to the planned development at total
completion and at completion of each proposed section, in terms of
adequate flows, volume and pressure for domestic consumption and fire-fighting
purposes.
(c)
Analysis of downstream sanitary sewers and facilities, i.e.,
pump stations, in terms of adequate capacity to receive sewage from
the planned development at total completion and at completion of each
proposed section.
(d)
A description of off-site sanitary sewer and water improvements
necessary to adequately serve the planned development.
(6)
Description of a plan for the operation and maintenance of each
proposed public and/or private utility.
F.
Stormwater management plan. Prepared at a scale of not smaller than
one hundred (100) feet, the stormwater management plan shall contain:
(1)
General locations of existing and proposed drainage areas and
general direction of existing and proposed runoff flow.
(2)
The acreage of existing and proposed drainage areas.
(3)
The general location and size of detention and/or retention
basins.
G.
H.
Community facility plan. A community facility plan, indicating the
scope, type and general location of supporting community facilities,
which may include but not be limited to educational or cultural facilities,
historic sites, libraries, firehouses and police stations.
I.
Housing plan. A housing plan outlining the number of housing units
to be provided and the extent to which any affordable housing obligation
assigned to the City of Perth Amboy pursuant to N.J.S.A. 52:27D-301
et seq. will be fulfilled by the planned development.
J.
Local service plan. A local service plan indicating those public
services which the applicant proposes to provide and which may include
but not be limited to water, sewer, cable and solid waste disposal.
K.
Fiscal report. A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by the municipality or by the municipal school district as a result of the completion of the planned development. The fiscal report shall also include a detailed projection or property tax revenues which will accrue to the municipality and school district according to the timing schedule provided in Subsection L below and following the completion of the planned development in its entirety.
L.
Proposed timing schedule. In the case of a planned development whose
construction is contemplated over a period of years, a proposed timing
schedule shall be provided, including any terms or conditions which
are intended to protect the interests of the public and of residents
who occupy any section of the planned development prior to the completion
of the development in its entirety.
M.
Municipal development agreement. A written agreement between the
City of Perth Amboy and a developer relating to the planned development
shall be provided.
In the event that the developer seeks to modify the proposed
timing schedule, such modification shall require the approval of the
Planning Board. The Board shall, in deciding whether or not to grant
approval of the modification, take into consideration prevailing economic
and market conditions, anticipated and actual needs for residential
units and nonresidential space within the City of Perth Amboy and
the region and the availability and capacity of public facilities
to accommodate the proposed development.
A.
Except as provided in this chapter, the developer shall be required
to gain the prior approval of the Planning Board if, after approval
of the general development plan, the developer wishes to make any
variation in the location of land uses within the planned development
or to increase the density of residential development or the floor
area ratio of nonresidential development in any section of the planned
development.
B.
Any variation in the location of land uses or increase in density
or floor area ratio proposed in reaction to a negative decision of
the Department of Environmental Protection and Energy pursuant to
N.J.S.A. 13:19-1 et seq. shall be approved by the Planning Board if
the developer can demonstrate to the satisfaction of the Planning
Board that the variation being proposed is a direct result of such
determination by the Department of Environmental Protection and Energy,
as the case may be.
C.
Except as provided in this chapter, once a general development plan
has been approved by the Planning Board, it may be amended or revised
only upon application by the developer approved by the Planning Board.
D.
A developer, without violating the terms of the approval pursuant
to this chapter and N.J.S.A. 40:55D-1 et seq., may, in undertaking
any section of the planned development, reduce the number of residential
units or amount of nonresidential floor space by no more than fifteen
percent (15%) or reduce the residential density or nonresidential
floor area ratio by no more than fifteen percent (15%); provided,
however, that a developer may not reduce the number of affordable
residential units to be provided pursuant to N.J.S.A. 52:27D-301 et
seq. without prior municipal approval.
A.
Completion of each section. Upon the completion of each section of
the planned development as set forth in the approved general development
plan, the developer shall notify the administrative officer, by certified
mail, as evidence that the developer is fulfilling his obligations
under the approved plan. For the purpose of this section, "completion"
of any section of the development shall mean that the developer has
acquired a certificate of occupancy for every residential unit or
every nonresidential structure, as set forth in the approved general
development plan and pursuant to N.J.S.A. 52:27D-133. If the City
of Perth Amboy does not receive such notification at the completion
of any section of the planned development, the City of Perth Amboy
shall notify the developer, by certified mail, in order to determine
whether or not the terms of the approved plan are being complied with.
B.
If a developer does not complete any section of the planned development
within eight (8) months of the date provided for in the approved plan,
or if at any time the City of Perth Amboy has cause to believe that
the developer is not fulfilling his obligations pursuant to the approved
general development plan, the City of Perth Amboy shall notify the
developer, by certified mail, and the developer shall have ten (10)
days within which to give evidence that he is fulfilling his obligations
pursuant to the approved general development plan. If, after such
a hearing, the City of Perth Amboy finds good cause to terminate the
approval, it shall provide written notice of the same to the developer,
and the approval shall be terminated thirty (30) days thereafter.
C.
Failure to complete or comply. In the event that a developer who
has general development plan approval does not apply for preliminary
approval, pursuant to N.J.S.A. 40:55D-46 and/or N.J.S.A. 40:55D-48,
for the planned development which is the subject of that general development
plan approval within five (5) years of the date upon which the general
development plan has been approved by the Planning Board, the municipality
shall have cause to terminate the approval.
D.
General development plan satisfactory completion. In the event that
a development which is the subject of an approved general development
plan is completed before the end of the term of the approval, that
approval shall terminate with the completion of the development. For
the purposes of this section, a development shall be considered complete
on the date upon which a certificate of occupancy has been issued
for the final residential or nonresidential structure in the last
section of the development it accordance with the timing schedule
set forth in the approved general development plan and the developer
has fulfilled all of his obligations pursuant to the approval.
[Added 9-8-2021 by Ord. No. 1989-2021]
A.
Purpose.
(1)
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") adoption of rules.
(2)
COAH was authorized by P.L. 2008, c. 46, Section 8 (N.J.S.A.
52:27D-329.2), and the Statewide Nonresidential Development Fee Act
(N.J.S.A. 40:55D-8.1 through 40:55D-8.7) 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
COAH or a court of competent jurisdiction and have a COAH- or court-approved
spending plan may retain fees collected from nonresidential development.
(3)
In Re: Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey
Council on Affordable Housing, 221 N.J. 1 (2015), also known as the
Mount Laurel IV decision, the Supreme Court remanded COAH's duties
to the Superior Court. As a result, affordable housing development
fee collections and expenditures from the municipal affordable housing
trust funds to implement municipal Third Round Fair Share Plans through
July 1, 2025, are under the Court's jurisdiction and are subject to
approval by the Court.
(4)
This chapter establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to COAH's regulations
and in accordance with P.L. 2008, c. 46, Sections 8 and 32 through
38 (N.J.S.A. 52:27D-329.2 and N.J.S.A.40:55D-8.1 through 40:55D-8.7,
respectively). Fees collected pursuant to this chapter shall be used
for the sole purpose of providing low- and moderate-income housing.
This chapter shall be interpreted within the framework of COAH's rules
on development fees, codified at N.J.A.C. 5:93-8.
C.
Residential development fees.
(1)
Imposed fees.
(a)
Within all zoning districts and redevelopment areas, 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 1.5% of the equalized assessed value on the first
two units; and the specified higher percentage up to 6% of the equalized
assessed value for the two additional units, provided zoning on the
site has not changed during the two-year period preceding the filing
of such a variance application.
(2)
Eligible exactions, ineligible exactions and exemptions for
residential development.
(a)
Affordable housing developments, developments where the developer
is providing for the construction of affordable units elsewhere in
the municipality, and developments where the developer has made a
payment in lieu of on-site construction of affordable units shall
be exempt from development fees.
(b)
Developments that have received preliminary or final site plan
approval or are subject to an executed redevelopment or development
agreement (including master redeveloper agreement) 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)
Renovations or additions to any single-family or two-family
residence shall be exempt from paying a development fee.
(d)
Buildings demolished and replaced due to being "destroyed" as
a result of a fire or natural disaster (excluding flood-damaged buildings
that are located in the Special Flood Hazard Area) shall be exempt
from paying a development fee.
D.
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 Nonresidential Development Certification/Exemption"
form. Any exemption claimed by a developer shall be substantiated
by that developer.
(d)
A developer of a nonresidential development exempted from the
nonresidential development fee pursuant to P.L. 2008, c. 46, shall
be subject to it at such time the basis for the exemption no longer
applies and shall make the payment of the nonresidential development
fee, in that event, within three years after that event or after the
issuance of the final certificate of occupancy of the nonresidential
development, whichever is later.
(e)
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid nonresidential development fees under these circumstances
may be enforceable by the City as a lien against the real property
of the owner.
E.
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 Nonresidential
Development Certification/Exemption," to be completed as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The Construction Official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in the Form N-RDF. The Tax Assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
(3)
The Construction Official responsible for the issuance of a
building permit shall notify the local Tax Assessor of the issuance
of the first building permit for a development which is subject to
a development fee.
(4)
Within 90 days of receipt of that notice, the Municipal Tax
Assessor, based on the plans filed, shall provide an estimate of the
equalized assessed value of the development.
(5)
The Construction Official responsible for the issuance of a
final certificate of occupancy notifies the local Assessor of any
and all requests for the scheduling of a final inspection on property
which is subject to a development fee.
(6)
Within 10 business days of a request for the scheduling of a
final inspection, the Municipal Assessor shall confirm or modify the
previously estimated equalized assessed value of the improvements
of the development; calculate the development fee; and thereafter
notify the developer of the amount of the fee.
(7)
Should the City 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 interestbearing escrow account by the City. Appeals from a determination
of the Board may be made to the Tax Court in accordance with the provisions
of the State Uniform Tax 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 City. Appeals
from a determination of the Director may be made to the Tax Court
in accordance with the provisions of the State Uniform Tax 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.
F.
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;
(e)
Recapture funds;
(f)
Proceeds from the sale of affordable units; and
(g)
Any other funds collected in connection with the City's affordable
housing program.
G.
Use of funds.
(1)
The expenditure of all funds shall conform to a spending plan
approved by the Court. Funds deposited in the housing trust fund may
be used for any activity approved by the Court to address the City'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. 5:93-8 and specified
in the approved spending plan.
(2)
Funds shall not be expended to reimburse the City 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.
(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 City 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.
5:93-8.16.
(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 annual monitoring requirements.
(6)
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.
H.
Monitoring and enforcement.
(1)
On or about June 30 of each year through 2025, the City shall
provide annual reporting of trust fund activity to the New Jersey
Department of Community Affairs ("DCA"), COAH, or Local Government
Services ("LGS"), or other entity designated by the State of New Jersey,
with a copy provided to Fair Share Housing Center and posted on the
municipal website, using forms developed for this purpose by the DCA,
COAH, or LGS. This reporting shall include an accounting of all housing
trust fund activity, including 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 City's housing program, as well as
to the expenditure of revenues and implementation of the plan approved
by the Court.
(2)
In the event of a failure of the City to comply with trust fund
monitoring and reporting requirements or to submit accurate monitoring
reports, or a failure to implement the approved Spending Plan, or
a failure to expend funds within the applicable time period as set
forth in N.J.S.A. 52:27D-329.2(d), or for other good cause demonstrating
unapproved use(s) of funds, a motion may be brought before the Superior
Court. The Court may, after considering the evidence and providing
the municipality a reasonable opportunity to respond and/or remedy
the noncompliant conditions, impose such remedies as may be reasonable
and appropriate to the circumstances, including but not limited to
authorizing the State of New Jersey, Department of Community Affairs,
Division of Local Government Services, to direct the manner in which
the funds shall be expended.
I.
Ongoing collection of fees.
(1)
The ability for the City to impose, collect and expend development
fees shall expire with its Court-issued judgment of compliance unless
the City has filed an adopted Housing Element and Fair Share Plan
with the Court, has filed a declaratory judgment action, and has received
the Court's approval of its development fee ordinance. If the City
fails to renew its ability to impose and collect development fees
prior to the expiration of its judgment of compliance and repose,
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 City
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 and repose, nor shall the City retroactively
impose a development fee on such a development. The City shall not
expend development fees after the expiration of its substantive certification
or judgment of compliance and repose.
