Demarest City Zoning Code
ARTICLE VIII
Administration
§ 175-28 Interpretation of provisions.
In interpreting and applying the provisions of this chapter, the provisions hereof shall be deemed to be the minimum requirements for the promotion of public safety, convenience, prosperity and general welfare.
§ 175-29 Enforcement.
A.
The provisions of this chapter shall be enforced by the Zoning Officer. It shall be the duty of members of the Fire and Police Departments to report any violations of the provisions of this chapter to the Zoning Officer and at the same time to send a copy of such report to the Borough Clerk, who shall send such report to the Mayor and Council.
B.
It shall be the duty of the Construction Official to keep a record of all applications for permits, together with a record of all permits issued. He shall file and safely keep copies of all plans submitted and shall have them available for the use of the officials of the Borough of Demarest.
C.
The Construction Official shall not issue a permit for the construction, alteration or use of any building or land unless there first is filed with him a copy of the plans and specifications prepared as required by a licensed architect or other authorized person permitted by the laws of the State of New Jersey to prepare such plans and specifications for the construction or alteration, together with a plot plan drawn to scale showing the location of all present and proposed buildings on the site. In addition thereto he shall require a complete statement of the use for which any present or proposed buildings or premises are to be occupied. No such permit shall be issued unless the construction or use shall also conform to the requirements of this chapter and all other ordinances of the Borough of Demarest.
§ 175-30 Certificate of compliance; continued certificate of occupancy; inspections; fees.
[Amended 10-20-2003 by Ord. No. 876; 2-23-2004 by Ord. No. 882]
There is a need to have an inspection requirement of all property upon sale, transfer or change of ownership, vacancy and reoccupancy, regardless if the business remains the same use, to ensure that all of the Borough of Demarest's municipal ordinances are being complied with and no change of use has occurred. If a change in use has occurred, a business certificate of continued occupancy cannot be issued; instead, the requirements of all Borough of Demarest zoning codes and the New Jersey Uniform Construction Code[1] certificate of occupancy shall be met.
A.
The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Construction Code Official:
(1)
Occupancy and use of a building hereafter erected, structurally altered or moved or any change in the use of an existing building.
(2)
Any change in the use or occupancy of an existing, nonresidential building.
(3)
Any change in the use or occupancy of any land.
(4)
Any change in the use of a nonconforming use.
(5)
Any change in the occupancy of a residential dwelling after its sale. The certificate of occupancy may be issued up to two weeks prior to the sale closing. The certificate of occupancy must be obtained by the seller prior to the resale.
B.
No certificate of occupancy shall be issued for any conditional use of a building or of land requiring the approval of the Planning Board unless and until such conditional use has been duly approved by the Board. Every certificate of occupancy for a conditional use or in conformance with a duly granted variance granted by the Board of Adjustment shall contain a detailed statement of such conditional use or variance and of any conditions to which the same is subject.
C.
Application for a certificate of occupancy, on a form furnished by the Building Inspector, for a new building or for an existing building which has been altered shall be made after the erection of such building or part thereof has been completed in conformity with the provisions of this chapter and, in the case of a new building, shall be accompanied by an accurate survey prepared by a land surveyor licensed by the state, showing the location of all buildings as built. Such certificate shall be issued within 10 days after receipt of the application, but only provided that all requirements of this chapter and of all other applicable codes and ordinances in effect are complied with. Attached is the Borough certificate which is to become part of this chapter. This form may be revised from time to time without the necessity of a revision to this chapter.[2]
[2]
Editor's Note: Said certificate is on file in the Borough offices.
D.
If the proposed use is in conformity with the provisions of this chapter and of all other applicable laws and ordinances, a certificate of occupancy for the use of vacant land or for a change of use of a nonconforming use shall be issued by the Building Inspector within 10 days after receipt of a written application therefor. If a certificate of occupancy is denied, the Building Inspector shall state the reasons therefore in writing.
E.
Inspections.
(1)
The Construction Official shall issue a certificate of occupancy for a residential dwelling if inspection establishes that:
(a)
There are no visible safety problems, such as missing hand or guardrails, or visible safety defects.
(b)
There has been no illegal work performed without permits and inspections.
(c)
No illegal conversions have been made, i.e., one-family to two-family or three-family homes, etc.
(2)
The purpose of this change is to ensure that there are no violations of either the zoning or building codes; specifically to check to see that no illegal conversions of single-family homes to two-family and to check for safety violations.
(3)
The fee for such inspection shall be $75 payable to the Borough of Demarest to cover administrative costs of inspection and assurance of the continued certificate of occupancy. In addition, a fee of $35 shall be remitted to the Borough of Demarest Construction Official upon verification of inspections and issuance of a certificate of occupancy.
F.
Every application for a certificate of occupancy shall state that the building or the proposed use of a building or land complies with all applicable provisions of this chapter.
G.
A certificate of occupancy shall be required for both initial and continued occupancy and use of the building or land to which it applies, as certified.
H.
A certificate of occupancy shall be required of all nonconforming uses.
(1)
Such certificate shall specify each condition or use not conforming to this chapter.
(2)
A new certificate shall be required if there is any change in use or ownership from that specified.
(3)
The Building Inspector shall issue such certificate if inspection establishes that no provision of this chapter has been violated.
I.
A record of all certificates of occupancy shall be kept in the office of the Building Inspector, and copies shall be furnished on request to any agency of the Borough or to any person having a proprietary or tenancy interest in the building or land affected.
J.
(Reserved)[3]
[3]
Editor's Note: Former § 175-30J, regarding penalties, of the 1983 Borough Code was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See § 175-32.
K.
The issuance of either a certificate of compliance for residential resale or a continued certificate of occupancy shall not preclude the imposition of penalties upon the subsequent discovery of violations.
[1]
Editor's Note: See Ch. 84, Construction Codes, Uniform.
§ 175-31 Payment of taxes or local improvement assessments.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Planning Board or to the Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by either Board shall be conditioned upon either prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.
§ 175-31.1 Smoke detector certificate upon change of occupancy.
[Added 11-16-1998 by Ord. No. 804.]
A.
An applicant for a smoke detector certificate upon change of occupancy of a structure used or intended for residential purposes by not more than two households shall pay an application fee of $40.
B.
An applicant for a smoke detector certificate in case of change of occupancy of a structure used or intended for use for residential purposes by not more than two households where a reinspection is required shall pay a fee of $40 for each reinspection.
§ 175-31.2 Escrow required for one- and two-family residences.
[Added 11-16-1998 by Ord. No. 804]
A.
For new construction of a one- or two-family residence, there shall be an application made to the Zoning Officer. The application shall be accompanied by an escrow deposit in the amount of $500 to cover site inspections by the Borough Engineer. The sum posted hereunder shall remain on deposit with the Borough until the Borough Engineer certifies that all site inspections have been completed and all vouchers for services rendered in connection with such services have been paid in full, after which time any balance remaining shall be refunded. This subsection is solely applicable to new construction on a vacant lot.
B.
In connection with an addition to a one- or two-family residence where soil will be disturbed, applications shall be made to the Zoning Officer. The application shall be accompanied by an escrow deposit in the amount of $150 for construction of 750 square feet or less plus $50 for each additional 250 square feet. The sum posted hereunder shall remain on deposit with the Borough until the Borough Engineer certifies that all site inspections have been completed and all vouchers for services rendered in connection with such services have been paid in full, after which time any balance remaining shall be refunded upon issuance of a certificate of occupancy.
§ 175-32 Violations and penalties.
[Amended 7-15-1991 by Ord. No. 703]
Any owner, lessee or other person or persons who permit, take part or assist in any violation of any provision of this chapter shall, upon conviction for each and every violation thereof, be subject to a fine not to exceed $1,000 or to imprisonment in the county jail for not more than 90 days or to a period of community service not exceeding 90 days, or all of the above, in the discretion of the Judge imposing the same. When such violation shall continue for more than one day, each day of the continuation of said offense shall be considered as a separate violation of this chapter. No provision of this section shall be construed to prevent the Borough of Demarest from taking injunctive proceedings in the Superior Court of New Jersey or to any other court for the proper enforcement of this chapter and the prevention of continuance of violations of the same.
§ 175-33 Fees and escrow deposits for variance and conditional use applications.
[Amended 4-15-1996 by Ord. No. 774; 3-16-2009 by Ord. No. 959; 6-22-2015 by Ord. No. 1025]
A.
An applicant for a variance or conditional use shall remit to the Borough of Demarest the following nonrefundable fees to pay Borough expenses in connection with the application:
(1)
Variance pursuant to N.J.S.A. 40:55D-70a or 40:55D-70b: $200.
(2)
Variance pursuant to N.J.S.A. 40:55D-70c: $100 per variance requested, with $200 minimum.
(3)
Variance pursuant to N.J.S.A. 40:55D-70d: $500.
(4)
Conditional use: $500.
B.
The application shall be accompanied by an escrow deposit in the following amount:
(1)
Variance pursuant to N.J.S.A. 40:55D-70a or 40:55D-70b: $500.
(2)
Variance pursuant to N.J.S.A. 40:55D-70c: $250 per variance requested, with $500 minimum.
(3)
Variance pursuant to N.J.S.A. 40:55D-70d: $1,000.
(4)
Conditional use: $1,000.
C.
The escrow deposit posted hereunder shall remain on deposit with the Borough until the Attorney for the Zoning Board of Adjustment certifies that all vouchers for services rendered in connection with the preparation and publication of a resolution memorializing the action of the Zoning Board of Adjustment with respect to the application have been paid in full, after which time any balance remaining shall be refunded upon issuance of a building permit.
§ 175-34 Development fees.
[Added 8-20-2001 by Ord. No. 841; amended 4-17-2010 by Ord. No. 971; 7-29-2019 by Ord. No. 1067-19]
A.
Purpose. This section establishes standards for the collection, maintenance, and expenditure of development fees that are consistent with COAH's regulations developed in response to P.L. 2008, c. 46, Sections 8 and 32 through 38 (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). Fees collected pursuant to this section shall be used for the sole purpose of providing very-low-, low- and moderate-income housing in accordance with a court-approved spending plan.
B.
Basic requirements.
(1)
This section shall not be effective unless and until approved by the Superior Court in connection with Demarest's declaratory judgement action concerning its third-round affordable housing obligation.
(2)
The Borough of Demarest shall not spend development fees until the Superior Court has approved a spending plan for spending such fees.
C.
Definitions. The following terms when used in this section shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
A development included in or approved pursuant to the Housing Element and Fair Share Plan or otherwise intended to address the Borough's fair share obligation, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable housing development.
COAH
The Council on Affordable Housing, as established by the New Jersey Fair Housing Act, or any successor agency charged with the administration of the Fair Housing Act.
COURT
The Superior Court of New Jersey, Law Division, Bergen County.
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 authorized by Holmdel Builder's Association v. Holmdel Borough, 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.
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 54:1-35c).
GREEN BUILDING STRATEGIES
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)
Imposition of fees.
(a)
Within the Borough of Demarest, all residential developers, except for developers of the types of developments specifically exempted 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 no increased density is permitted.
(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% 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 has made a payment in lieu of on-site construction of affordable units, if permitted by ordinance or by agreement with the Borough of Demarest, 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 section 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)
Development fees shall not be collected for the expansion of an existing dwelling unit and/or for the construction of an accessory use.
(d)
Owners of residential structures demolished and replaced in-kind as a result of a natural disaster shall be exempt from paying a development fee.
E.
Nonresidential development fees.
(1)
Imposition of fees.
(a)
Within all zoning districts, nonresidential developers, except for developers of the types of developments specifically exempted below, 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)
Within all zoning districts, nonresidential developers, except for developers of the types of developments specifically exempted below, 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 improvements and the equalized assessed value of the newly improved structure, i.e. land and improvements, and such calculation shall be made 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 a 2.5% development fee, unless otherwise exempted below.
(b)
The 2.5% development 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 Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7), as specified in Form N-RDF, "State of New Jersey Nonresidential Development Certification/Exemption." 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 the Statewide Nonresidential Development Fee Act shall be subject to the fee at such time as 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 Borough of Demarest 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 approving authority or entity shall notify or direct its staff to notify the Construction Official responsible for the issuance of a construction 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 construction permit shall notify the Borough Tax Assessor of the issuance of the first construction permit for a development which is subject to a development fee.
(4)
Within 90 days of receipt of such notification, the Borough Tax Assessor shall prepare an estimate of the equalized assessed value of the development based on the plans filed.
(5)
The Construction Official responsible for the issuance of a final certificate of occupancy shall notify the Borough Tax Assessor of any and all requests for the scheduling of a final inspection on a property which is subject to a development fee.
(6)
Within 10 business days of a request for the scheduling of a final inspection, the Borough Tax Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements associated with the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.
(7)
Should the Borough of Demarest 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 § 175-34 E(1)(c) hereinabove, 50% of the initially calculated development fee shall be collected at the time of issuance of the construction permit. The remaining portion shall be collected at the time of issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at the time of issuance of the construction permit and that determined at the time of issuance of the 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 Borough of Demarest. 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 Borough of Demarest. 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 Affordable Housing Trust Fund to be maintained by the Chief Financial Officer of the Borough of Demarest 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 a fraction of an affordable unit, where permitted by ordinance or by agreement with the Borough of Demarest;
(b)
Funds contributed by developers to make 10% of the adaptable entrances in a townhouse or other multistory attached dwelling unit 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 Demarest's affordable housing program.
(3)
Noncompliance.
(a)
In the event of a failure by the Borough of Demarest 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) (affirmed 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 (DCA), 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 Borough of Demarest or, if not practicable, then within the county.
(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)
Interest accrued in the Affordable Housing Trust Fund shall only be used to fund eligible affordable housing activities approved by COAH or the court.
H.
Use of funds.
(1)
The expenditure of all funds shall conform to a spending plan approved by the court. Funds deposited in the Affordable Housing Trust Fund may be used for any activity approved by the court to address the Borough of Demarest'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; housing rehabilitation; new construction of affordable housing units and related costs; accessory apartments; a market to affordable program; 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; and/or any other activity permitted by the court and specified in the approved spending plan.
(2)
Funds shall not be expended to reimburse the Borough of Demarest for past housing activities.
(3)
At least 30% of all development fees collected and interest earned on such fees 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 the median income for Housing Region 1, in which Demarest is located.
(a)
Affordability assistance programs may include, but are not limited to, 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 programs 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, but are not limited to, 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 programs to be used for very-low-income affordability assistance shall be identified and described within the spending plan.
(c)
Payments in lieu of constructing affordable housing units on site, if permitted by ordinance or by agreement with the Borough of Demarest, and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
(4)
The Borough of Demarest 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 consultants' fees necessary to develop or implement a new construction program, prepare a Housing Element and Fair Share Plan, and/or administer an affirmative marketing program or a rehabilitation program.
(a)
In the case of a rehabilitation program, the administrative costs of the rehabilitation program shall be included as part of the 20% of collected development fees that may be expended on administration.
(b)
Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or related to securing or appealing a judgment from the court are not eligible uses of the Affordable Housing Trust Fund.
I.
Monitoring. The Borough of Demarest shall provide annual reporting of Affordable Housing Trust Fund activity to the New Jersey DCA, COAH, 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 New Jersey DCA, COAH or LGS. 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.
J.
Ongoing collection of fees.
(1)
The ability for the Borough of Demarest to impose, collect and expend development fees shall be permitted through the expiration of the repose period covered by its judgment of compliance and shall continue thereafter so long as the Borough of Demarest has 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 Borough of Demarest is not pursuing authorization to impose and collect development fees after 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)
After the expiration of the judgment of compliance, if the Borough does not pursue or obtain continued authorization, the Borough of Demarest shall not impose a residential development fee on a development that receives preliminary or final site plan approval, retroactively impose a development fee on such a development, or expend any of its collected development fees.
