[Amended 7-27-1998 by Ord. No. 574; 11-28-2005 by Ord. No. 710]
Pursuant to N.J.S.A. 40:55D-1 et seq., there is hereby established a Planning Board consisting of nine members and four alternate members. The membership, terms, organization, powers, function and operation of the Board shall be subject to all applicable provisions of said statute. The Planning Board shall exercise all of the powers and duties of the Zoning Board of Adjustment.
[Amended 11-28-2005 by Ord. No. 710[1]]
A. 
Findings. The Zoning Board of Adjustment was created by ordinance pursuant to the terms of N.J.S.A. 40:55D-69. This aforementioned statute mandates the creation of a Zoning Board of Adjustment upon the adoption of a zoning ordinance unless the municipality is eligible for, and exercises, the option of creating a nine-member Planning Board to exercise all of the powers and duties of the Board of Adjustment as provided by N.J.S.A. 40:55D-25c(1). The Township meets the criteria established in N.J.S.A. 40:55D-25c(1) and has determined that it is in the public's best interest to abolish the Zoning Board of Adjustment and allow the Planning Board to exercise its powers and duties.
B. 
Abolishment of Zoning Board of Adjustment; discharge of members.
(1) 
The Zoning Board of Adjustment is hereby abolished and all of the powers and duties granted by law to the Board are hereby transferred to the Planning Board pursuant to the authority established in N.J.S.A. 40:55D-25c(1).
(2) 
All members, officers and employees of the Zoning Board of Adjustment as of the effective date of this section shall be discharged from their positions, offices or employment.
C. 
Reference to Board of Adjustment. All references to Board of Adjustment contained in this Chapter 102 shall be deemed to refer to the Planning Board.
[1]
Editor's Note: This ordinance has an effective date of 12-31-2005.
[Added 7-27-1998 by Ord. No. 574; amended 12-10-2018 by Ord. No. 870]
Any variance granted by the Zoning Board of Adjustment permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such permitted use has actually been commenced, within one year from the date of entry of the determination of the Zoning Board of Adjustment; provided, however, that the running of the period of limitation hereby established shall be tolled from the date of the filing of an appeal from the decision of the Zoning Board of Adjustment to the Township Committee or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding. The Zoning Board of Adjustment may, upon good cause shown, extend the one-year period of limitation for an additional one-year period.
A. 
Every municipal agency shall adopt rules and regulations relating to the administration of its functions consistent with the provisions of N.J.S.A. 40:55D-1 et seq., and said provisions shall govern the scheduling and conduct of meetings and hearings, notices of hearings and the filing of ordinances.
B. 
Any interested party desiring to appeal any final decision of the Board of Adjustment approving an application for development pursuant to N.J.S.A. 40:55D-70d shall proceed in accordance with the provisions of N.J.S.A. 40:55D-17.
[Amended 7-27-1998 by Ord. No. 574]
There is hereby established in connection with various applications for development and other matters which are the subjects of this chapter the Schedule of Fees set forth in Chapter 82, Fees.
The developer shall, at the time of filing a submission, pay the nonrefundable fee set forth in Chapter 82 to the administrative officer by certified check or bank money order. Proposals involving more than one use shall pay a fee equaling the sum of the fees for the component elements of the plat. Proposals requiring a combination of approvals, such as subdivision, site plan and/or a variance, shall pay a fee equal to the sum of the fee for each element.
The Chief Financial Officer shall place all deposits required by this section in an escrow account administered in accordance with § 102-13 in the name of the applicant and shall charge against such account all disbursement in connection with the costs referred to herein. Fees shall be calculated in accordance with the actual time required for review at rates established by a schedule of professional fees filed annually with the Township and approved by the Township Committee by resolution, which schedule shall be maintained in the office of the Township Clerk for public inspection.
A. 
Inspection fees for required improvements. Prior to the start of construction, an inspection fee deposit shall be paid to the Township.
(1) 
For those developments for which the reasonably anticipated inspection fees are less than $10,000 fees may, at the option of the developer, be paid in two installments. The initial amount deposited shall be 50% of the reasonably anticipated fees as calculated by the Township Engineer. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by payments to the Township Engineer and Attorneys in connection with inspections, the developer shall deposit the remaining 50% of the anticipated fees immediately upon receipt of a request from the Chief Financial Officer.
(2) 
For those developments for which the reasonably anticipated inspection fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by the developer shall be 25% of the reasonably anticipated fees as calculated by the Township Engineer. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by payments to the Township Engineer and Attorneys in connection with inspections, the developer shall make additional deposits of 25% of the anticipated fees.
(3) 
The Township Engineer shall not perform any inspection except required health and safety inspections if sufficient funds to pay for those inspections are not on deposit.
B. 
Review fee deposits. In addition to the filing fees or any other fees required in this section, any applicant shall file with the Township at the time of filing an application a review fee deposit to cover the costs incurred for reviewing applications for development, review and preparation of documents and other actual out-of-pocket costs incurred pertaining to the application by planners, attorneys and any other professionals or experts employed by the Township on a consultant basis whose services are deemed necessary to report upon the application and its compliance with Township ordinances and codes. Such expenses may involve extensive studies of applications and testimony by experts, consultants or other individuals, including engineering, land use, planning and environmental consultants or expenses incurred in connection with holding special meetings, including attorneys' fees. The Township agency shall not process and/or take action on the application unless all review fees and deposits required herein shall have been paid by the applicant.
A. 
Escrow accounts. Each review fee and inspection fee deposit shall be held by the Township in an individual escrow trust account (hereinafter "escrow account"). Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the Township for deposits pursuant to this section, said money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, shall continue to be the property of the applicant and shall be held in trust by the Township in escrow. All interest earned and paid to the applicant shall be in conformance with P.L. 1985, c. 315.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-53.1.
B. 
Tabulation and appeal of escrow accounts.
(1) 
The Chief Financial Officer shall tabulate the costs of the Engineer, Planner and Attorneys, their staffs and any outside consultants required when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Township, for a proper review and documentation pursuant to vouchers submitted monthly by the professionals identifying the personnel performing the service, and stating the date the services were performed, the hours spent to one-quarter-hour increments, the hourly rate and the expenses incurred. Expenses shall be actual out-of-pocket expenses of any such professionals or consultants, including normal and typical expenses incurred in processing applications. Unit charges (i.e., per diem or hourly fees, inspections or expert testimony charges levied by the Township Engineer, Planning Consultant, Attorney or other professionals for services applied to an escrow account authorized and approved pursuant to this section may not exceed those unit charges contracted for and/or approved by the Township agency for services by said professional which may not under this section be subject to compensation by an escrow account. Vouchers shall be submitted monthly to the Chief Financial Officer with a copy to the applicant. These costs shall be deducted from the applicable escrow account and paid to the professionals by the Chief Financial Officer.
(2) 
The Chief Financial Officer shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account. This statement shall be provided quarterly, if monthly charges are $1,000 or less, or monthly, if monthly charges exceed $1,000.
(3) 
In the event that the funds in the escrow account should become depleted or are anticipated to become depleted prior to the completion of the application procedure and/or inspection of improvements, as the case may be, and additional funds are necessary to cover the costs of processing said application or inspecting improvements in order for work to continue on the development or the application, the applicant shall within 10 days of receipt of notice from the Chief Financial Officer deposit additional funds of not less than 50% of the initial escrow deposit amount. In order to expedite the processing of applications by the Township agency, the Chief Financial Officer shall notify the applicant immediately upon the depletion of funds in the escrow account or as soon as insufficiency of funds becomes evident or is expected. Pending receipt of the additional funds, any required health and safety inspections shall be made and charged back against the replenishment of funds.
C. 
Final accounting. After the final plat or site plan has been signed, in the case of review fee accounts, or after the improvements have been approved by the Township Committee, in the case of inspection fee deposits, the applicant shall send written notice, by certified mail, to the Chief Financial Officer, the Planning Board/Zoning Board of Adjustment, the Township Engineer and other relevant professionals that the application is completed. After receipt of such notice, the Engineer and/or other professional shall submit a final voucher to the Chief Financial Officer within 30 days with a copy to the applicant. The Chief Financial Officer shall render a written final accounting to the applicant on the status of the escrow account within 45 days of receipt of the final bill, together with any balance remaining in the account, including interest in accordance with N.J.S.A. 40:55D-53.1.
D. 
Within 15 days of any tabulation of review costs or inspection fees by the Chief Financial Officer, the applicant shall have the right to appeal said charges by so notifying the Township Committee, in writing, with copies to the Chief Financial Officer, the Planning Board/Zoning Board of Adjustment and any other relevant professional, provided that any additional fees or amounts required by the Planning Board/Zoning Board of Adjustment to be paid prior to the signing of any plat, issuance of a building permit or the inspection of any improvements must be paid by the applicant prior to the bringing of any such appeal. Upon receipt of any such appeal, the Planning Board/Zoning Board of Adjustment shall review the same and make a recommendation thereon to the Township Committee within 45 days. The Township Committee shall then decide the proper review fee to be charged, based upon information provided by both the applicant and the Planning Board/Zoning Board of Adjustment. 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 P.L. 1975, c. 217 (N.J.S.A. 52:27D-127), any charge to an escrow account or a deposit by any municipal professional or consultant pursuant to the procedure set forth in N.J.S.A. 40:55D-53.2a.
In addition to all other fees specified in this chapter, an applicant or appellant shall pay the actual costs incurred by the Planning Board, Zoning Board of Adjustment or Township Committee, as the case may be, for recording verbatim, by use of a shorthand reporter or stenographer, all public hearings, whether regular or special, in excess of three hearings upon any application for development or appeal to the Township Committee, as well as the furnishing of copies of transcripts of any such hearing required by the applicant, appellant, Planning Board, Zoning Board of Adjustment or Township Committee, as the case may be, in the consideration of the application or appeal.
A. 
All fees and deposits required by this chapter shall be paid by check drawn to the order of the Township of Boonton. Any check for fees in excess of $250 shall be in the form of a certified or bank cashier's check. Except as otherwise provided, all fees and deposits shall be paid at the time of the filing of any application or appeal and shall be submitted with the application or appeal.
B. 
All permits, determinations, resolutions, decisions, certificates of occupancy or certificates of approval are subject to the payment of all fees provided for in this chapter, and no approvals shall be given or decision rendered by the Planning Board, Zoning Board of Adjustment or Township Committee, as the case may be, until proof has been submitted that all requisite fees have been paid to the Township. Furthermore, the applicant must submit proof that no taxes or assessments for local improvements are due or delinquent on the property before the approving authority may act on an application.
C. 
The payment of fees pursuant to the provisions of this chapter shall not relieve an applicant from the payment of any other fees required by any other ordinance or provision thereof.
The Township Committee, the Planning Board or the Board of Adjustment, as the case may be, may waive or reduce the fees prescribed herein in connection with applications submitted by public agencies, nonprofit volunteer organizations and such other quasi-public agencies and organizations at the Committee or Board, as a matter of policy, may designate. The Township Committee, the Planning Board or the Board of Adjustment, as the case may be, may also reduce fees in connection with applications under its jurisdiction when, in its judgment, the fee would be unreasonably excessive in relation to the scope of the application, the degree of professional review services required and other unusual circumstances relating to the application. No such fee shall be reduced if actual expenses of the Committee or the Board exceed 50% of the fee herein specified, and at least 10% of the fee herein specified shall be retained by the Township to cover administrative costs.
[Added 2-10-2014 by Ord. No. 827]
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 Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-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 nonresidential development fees pursuant to COAH's regulations and in accordance with P.L. 2008, c. 46, Sections 8 and 32-38. 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.
[Amended 4-24-2018 by Ord. No. 864[1]]
(1) 
This section shall not be effective until approved by the court.
(2) 
The Township of Boonton shall not spend development fees until the court has approved a plan for spending such fees (spending plan).
[1]
Editor’s Note: This ordinance also amended the section title of § 102-16.1.
C. 
Definitions. 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 Fair Housing 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 by N.J.S.A. 40:55D-8.1 through 40:55D-8.7 and as authorized by Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550 (1990) and the Fair Housing Act of 1985, N.J.S.A. 52:27D-301 et seq., and regulated by applicable COAH Rules and the Fair Housing Act.
[Amended 4-24-2018 by Ord. No. 864]
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 N.J.S.A. 54:1-35c).
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.
[Added 4-24-2018 by Ord. No. 864[2]]
(1) 
Imposition of fees.
(a) 
Within the Township of Boonton, all residential developers, except for developers of the types of developments specifically exempted in Subsection D(2) below and developers of developments that include affordable housing shall pay a fee of 1.5% of the equalized assessed value for all new residential development, provided that no increased density is permitted. Development fees shall also be imposed and collected when an additional dwelling unit is added to an existing residential structure; in such cases, the fee shall be calculated based on the increase in the equalized assessed value of the property due to the additional dwelling unit.
(b) 
When an increase in residential density is permitted pursuant to a "d" variance granted under N.J.S.A. 40:55D-70d(5), developers shall be required to pay a bonus development fee of 6.0% of the equalized assessed value for each additional unit that may be realized, except that this provision shall not be applicable to a development that will include affordable housing. 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.
(2) 
Eligible exactions, ineligible exactions and exemptions for residential developments.
(a) 
Affordable housing developments and/or developments where the developer is providing for the construction of the requisite number of affordable housing units elsewhere within the municipality, and developments where the developer has made a payment in lieu of on-site construction of the required number of affordable units, if permitted by an ordinance approved by the court as part of a judgment of compliance and repose, shall be exempt from the payment of development fees.
(b) 
Developments that have received preliminary or final site plan approval prior to the adoption of this ordinance shall be exempt from the payment of development fees, unless the developer seeks a substantial change in the original approval. Where site plan approval is not applicable, the issuance of a zoning permit and/or construction permit shall be synonymous with preliminary or final site plan approval for the purpose of determining the right to an exemption. In all cases, the applicable fee percentage shall be determined based upon the Development Fee Ordinance in effect on the date that the construction permit is issued.
(c) 
Improvements or additions to existing one- and two-family dwellings on individual lots shall not be required to pay a development fee, but a development fee shall be charged for any new dwelling constructed as a replacement for a previously existing dwelling on the same lot that was or will be demolished, unless the owner resided in the previous dwelling for a period of one year or more prior to obtaining a demolition permit. Where a development fee is charged for a replacement dwelling, the development fee shall be calculated on the increase in the equalized assessed value of the new structure as compared to the previous structure.
(d) 
Homes replaced as a result of a natural disaster (such as a fire or flood) shall be exempt from the payment of a development fee.
[2]
Editor's Note: This ordinance also redesignated former Subsections D through I as Subsections E through J, respectively.
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 1/2% of the equalized assessed value of the land and improvements, for all new nonresidential construction on an unimproved lot or lots.
(b) 
Within all zoning districts, 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.
[Amended 4-24-2018 by Ord. No. 864]
(c) 
Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2 1/2% 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 a 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 1/2% development fee, unless otherwise exempted below.
(b) 
The 2 1/2% fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within the 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 the Statewide Non-Residential Development Fee Act, P.L. 2008, c. 46, §§ 35 and 36 (N.J.S.A. 40:55D-8.1 through 8.7) 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.
[Amended 4-24-2018 by Ord. No. 864]
(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 for the nonresidential development, whichever is later.
(e) 
If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by the Township 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 construction permit.
[Amended 4-24-2018 by Ord. No. 864]
(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 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 construction permit shall notify the local tax assessor of the issuance of the first construction permit for a development which is subject to a development fee.
[Amended 4-24-2018 by Ord. No. 864]
(4) 
Within 90 days of receipt of that notice, the Municipal Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
(5) 
The construction official responsible for the issuance of a final certificate of occupancy notifies the Local Assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
(6) 
Within 10 business days of a request for the scheduling of a final inspection, the Municipal Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development, calculate the development fee, and thereafter notify the developer of the amount of the fee.
(7) 
Should the Township of Boonton 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) 
Except as provided in Subsection E(1)(c) hereinabove, 50% of the development fee shall be collected at the time of issuance of the construction 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 construction permit and that determined at issuance of the certificate of occupancy.
[Amended 4-24-2018 by Ord. No. 864]
(9) 
Appeal of development fees.
[Amended 4-24-2018 by Ord. No. 864]
(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 Boonton. 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 Boonton. 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.
[Amended 4-24-2018 by Ord. No. 864]
(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 where permitted by an ordinance approved by the court as part of a judgment of compliance and repose;
(b) 
Developer contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;
(c) 
Rental income from municipally operated units;
(d) 
Repayments from affordable housing program loans;
(e) 
Recapture funds;
(f) 
Proceeds from the sale of affordable units; and
(g) 
Any other funds collected in connection with the Township's affordable housing program.
(3) 
Noncompliance; unapproved uses.
(a) 
In the event of a failure by the Township of Boonton to comply with trust fund monitoring and reporting requirements or to submit accurate monitoring reports; or a failure to comply with the conditions of the judgment of compliance or a revocation of the judgment of compliance; or a failure to implement the approved spending plan and to expend funds within the applicable required time period as set forth in In re Tp. of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (aff'd 442 N.J. Super. 563); or the expenditure of funds on activities not approved by the court; or for other good cause demonstrating the unapproved use(s) of funds, the court may authorize the State of New Jersey, Department of Community Affairs, Division of Local Government Services (LGS), to direct the manner in which the funds in the Affordable Housing Trust Fund shall be expended, provided that all such funds shall, to the extent practicable, be utilized for affordable housing programs within the Township of Boonton, or, if not practicable, then within the County or the housing region.
(b) 
Any party may bring a motion before the Superior Court presenting evidence of such condition(s), and the court may, after considering the evidence and providing the municipality a reasonable opportunity to respond and/or to remedy the noncompliant condition(s), and upon a finding of continuing and deliberate noncompliance, determine to authorize LGS to direct the expenditure of funds in the Trust Fund. The court may also impose such other remedies as may be reasonable and appropriate to the circumstances.
(4) 
All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by the court and specified in the approved spending plan.
H. 
Use of funds.
[Amended 4-24-2018 by Ord. No. 864]
(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 Township of Boonton'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 by the court and specified in the approved spending plan.
(2) 
Funds shall not be expended to reimburse the Township 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. The specific program to be used for affordability assistance shall be identified and described within the spending plan.
(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 specific program to be used for affordability assistance shall be identified and described within the Spending Plan.
(c) 
Payments in lieu of constructing affordable units on site, if permitted by ordinance or by agreement with the Township of Boonton, and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
(4) 
The Township of Boonton may contract with a private or public entity to administer any part of its housing element and fair share plan, including its programs for affordability assistance.
(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 any required monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to any state agency's regulations and/or action are not eligible uses of the Affordable Housing Trust Fund.
I. 
Monitoring. The Township of Boonton shall provide annual reporting of Affordable Housing Trust Fund activity to the State of 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 and posted on the municipal website, using forms developed for this purpose by the New Jersey Department of Community Affairs, Council on Affordable Housing or Local Government Services. The reporting shall include an accounting of all Affordable Housing Trust Fund activity, including the sources and amounts of funds collected and the amounts and purposes for which any funds have been expended. Such reporting shall include an accounting of development fees collected from residential and nonresidential developers, payments in lieu of constructing affordable units on site (if permitted by ordinance or by agreement with the Township), funds from the sale of units with extinguished controls, barrier free escrow funds, rental income from Boonton-Township-owned affordable housing units, repayments from affordable housing program loans, and any other funds collected in connection with Boonton's affordable housing programs, as well as an accounting of the expenditures of revenues and implementation of the spending plan approved by the court.
[Amended 4-24-2018 by Ord. No. 864]
J. 
Ongoing collection of fees.
[Amended 4-24-2018 by Ord. No. 864]
(1) 
The ability for the Township of Boonton to impose, collect and expend development fees shall expire with the expiration of the repose period covered by its judgment of compliance unless the Township of Boonton has first filed an adopted housing element and fair share plan with the court or with a designated state administrative agency, has petitioned for a judgment of compliance from the court or for substantive certification or its equivalent from a state administrative agency authorized to approve and administer municipal affordable housing compliance and has received approval of its Development Fee Ordinance from the entity that will be reviewing and approving the housing element and fair share plan.
(2) 
If the Township of Boonton fails to renew its ability to impose and collect development fees prior to the expiration of its judgment of compliance, 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 (N.J.S.A. 52:27D-320).
(3) 
The Township of Boonton 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 Boonton retroactively impose a development fee on such a development. The Township of Boonton also shall not expend any of its collected development fees after the expiration of its judgment of compliance.