The ability for the Borough of Englewood Cliffs to impose, collect and expend development fees shall expire with its substantive certification or judgment of compliance unless the Borough of Englewood Cliffs has filed an adopted Housing Element and Fair Share Plan with the Court, has petitioned for substantive certification or a judgment of compliance, and has received the Court's approval of its development fee ordinance. If the Borough of Englewood Cliffs fails to renew its ability to impose and collect development fees prior to the expiration of substantive certification or any judgment of compliance, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the "New Jersey Affordable Housing Trust Fund" established pursuant to section 20 of P.L.1985, c.222 (C.52:27D-320). The Borough of Englewood Cliffs shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance, nor shall the Borough of Englewood Cliffs retroactively impose a development fee on such a development.