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Lyndhurst City Zoning Code

§ 21-20.14

Monitoring and Ongoing Collection of Fees.

[Ord. #2678, § 21-20.14]
a. 
Monitoring. The Township of Lyndhurst shall complete and return to COAH all monitoring forms included in monitoring requirements related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with the Township of Lyndhurst's housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH. All monitoring reports shall be completed on forms designed by COAH.
b. 
Ongoing Collection of Fees. The ability for the Township of Lyndhurst to impose, collect and expend development fees shall expire with its substantive certification unless the Township of Lyndhurst has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification, and has received COAH's approval of its development fee ordinance. If the Township of Lyndhurst fails to renew its ability to impose and collect development fees prior to the expiration of substantive certification, 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 Township of Lyndhurst 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 Township of Lyndhurst retroactively impose a development fee on such a development. The Township of Lyndhurst shall not expend development fees after the expiration of its substantive certification or judgment of compliance.