Fees for applications or for the rendering of any services by the Planning Board or the Zoning Board of Adjustment or any member of their administrative staffs shall be as provided in the Fee Ordinance of Sayreville Borough.

a.

Application Fees. At the time of filing (1) any application for development, (2) any application for amendment to or extension of any development approval, (3) any request for a zone change or recommendation of a zone change, (4) any request for amendment of the master plan, and/or (5) any request for concept review of a development proposal, each applicant shall pay to the Borough of Sayreville a non-refundable application fee, or fees, in accordance with the following schedule. The applicant shall pay the fee required for each application which is submitted. Fees for PUD/PRD applications shall be treated as simultaneous applications for major subdivision and site plan.

b.

Technical Review Fees.

1.

Components of Fee. Each applicant shall pay to the Borough of Sayreville a technical review fee in connection with (a) each application for development, (b) each application for amendment to or extension of any development approval, (c) any request for a zone change or recommendation of a zone change, (d) any request for amendment of the master plan, and/or (e) any request for concept review of a development proposal. All such requests are included in this subsection b. within the term "application." The technical review fee shall be equal to the sum of the following two (2) components:

(a)

The dollar amount of all charges by outside professionals (as defined herein) for professional services rendered to the Borough and/or the reviewing board in connection with the application, plus all actual out-of-pocket disbursements incurred in regard to such services. All charges for services by each outside professional shall be billed at the same rate as all other work of the same nature performed by such professional for the Borough when fees are not reimbursed or otherwise imposed on an applicant. Charges for professional services of outside professionals shall be based upon a schedule of fees established by resolution of the reviewing board, in the case of professionals retained by the Board, and by resolution of the Borough Council, in the case of professionals retained by the Borough. Such schedules shall be subject to revision from time to time in the discretion of the Borough Council; and

(b)

The dollar amount of the hourly base salary of each in-house professional (as defined herein) who has rendered professional services to the Borough and/or the reviewing board in connection with the application, multiplied by both (1) the total number of hours of professional services spent by each in-house professional in connection with the application, and (2) two hundred (200) percent. The hourly base salary of each in-house professional shall be established by ordinance annually.

2.

Definitions.

(a)

Outside professionals shall mean engineers, planners, attorneys and other professionals whose salary, staff support, and overhead are not provided by the Borough of Sayreville. "Outside professionals" shall include, without limitation, consultants who are not normally utilized by the Borough or the reviewing board when an application presents issues which are beyond the scope of the expertise of the professionals who normally serve the reviewing board or the Borough.

(b)

In-house professional shall mean engineers, planners, attorneys and other professionals whose salary, staff support and overhead are provided by the Borough of Sayreville.

(c)

Professional services shall mean time spent by a professional engineer, professional planner, attorney, traffic expert or other professional in connection with (1) review of an application, and/or (2) review and preparation of documents in regard to such application. In appropriate cases, such services shall include, without limitation (1) review of plans, reports, relevant ordinance provisions, statutory law, case law, and prior approvals for the same parcel; (2) site inspections; and (3) preparation of resolutions, developer's agreements, and other documents.

3.

Limitations on Scope of Charges for Professional Services. All charges for professional services shall be reasonable and necessary given the status and progress of the application. Such charges shall be made only in connection with (a) an application which is presently pending before a reviewing board, (b) review of an applicant's compliance with conditions of approval, and/or (c) review of an applicant's request for modification or amendment of an application or approval.

A professional shall not review items which are subject to approval by a State governmental agency and which are not under municipal jurisdiction, except to the extent that consultation with a State agency is necessary due to the effect of a State approval on the applicant's application.

If the Borough or the reviewing board shall retain a different professional in place of the professional originally responsible for review of an application, the Borough or the reviewing board, as the case may be, shall be responsible for all time and expenses of the new professional to become familiar with the application. Neither the Borough nor the reviewing board shall charge the applicant or the applicant's technical review fee deposit for such services.

Neither the Borough nor the reviewing board shall bill an applicant, or charge the applicant's technical review fee deposit, for any municipal clerical or administrative functions, overhead expenses, meeting room charges, or other municipal costs and expenses, except as provided for in this subsection, nor shall any professional add any such charges to his or her bill.

4.

Payment of Escrow Fee Deposits. At the time of filing any application with the Planning Board or Board of Adjustment, each applicant shall pay a technical review fee deposit, or deposits, in accordance with the following schedule. The applicant shall pay the deposit required for each approval which is requested. Fees for PUD/PRD applications shall be treated as simultaneous applications for major subdivision and site plan.

5.

Custody of Deposits; Procedure for Payments against Deposits; Submission of Vouchers; Monthly Statements. All technical review fee deposits shall be placed into an escrow account, which account shall be maintained by the Chief Financial Officer of the Borough of Sayreville. The Chief Financial Officer shall make all payments for the escrow account.

All payments charged to an applicant's technical review fee deposit shall be pursuant to vouchers from the professionals performing professional services in connection with the application. All vouchers shall identify the professional performing the services, the dates when services were performed, the hours spent to one-quarter (¼) hour increments, the hourly rate, and the expenses incurred.

All outside professionals shall submit vouchers to the Chief Financial Officer on a monthly basis. A copy of the voucher shall be sent to the applicant simultaneously. All in-house professionals shall submit to the Chief Financial Officer on a monthly basis a statement containing the same information as the voucher of an outside professional. A copy of the statement shall be sent to the applicant simultaneously.

The Chief Financial Officer shall prepare and send to the applicant on a monthly basis a statement providing an accounting of the applicant's technical review fee deposits. The accounting shall include all deposits made, interest earned, disbursements made, and cumulative deposit balance. Notwithstanding the foregoing, if monthly charges to an applicant's deposit are one thousand ($1,000.00) dollars or less, such statement may be provided by the Chief Financial Officer on a quarterly basis.

6.

Replenishing of Deposit. If a technical review deposit shall be insufficient to enable the Borough or the reviewing board to perform required application reviews, the Chief Financial Officer shall notify the applicant (this notice is referred to herein as an "insufficiency notice") of both the insufficient deposit balance, and the amount of additional funds required, in the judgment of the Chief Financial Officer, to cure the insufficiency. In order for work to continue on the application, the applicant shall within a reasonable time period post additional funds to the escrow account in an amount to be agreed upon by the Borough (acting through its Chief Financial Officer) and the applicant.

The determination of insufficiency shall be made by the Chief Financial Officer in his or her reasonable discretion. Furthermore, as used herein, a "reasonable time period" for the posting of additional funds to the escrow account shall be not longer than fifteen (15) days after the date of the Chief Financial Officer's insufficiency notice. The applicant shall be deemed to agree to the terms of the insufficiency notice, unless within fifteen (15) days after the date of such notice, the applicant shall deliver to the Chief Financial Officer a written notice of objection.

If the applicant timely files such an objection, the applicant shall have the right to pay the amount requested under protest, and the right to challenge same in the Superior Court, Law Division, in an action in lieu of prerogative writs filed within forty-five (45) days after the applicant's receipt of the Chief Financial Officer's final accounting with respect to the applicant's technical review fee deposit.

If the applicant fails to timely pay (under protest or otherwise) the amount requested, the Borough, the reviewing board, and all professionals shall have right to cease all further work on the application immediately, and the reviewing board shall have the right to deny without prejudice any pending application, because of the applicant's failure to post additional technical review fees needed for the proper review of such application. In no event shall any approved plans be signed or delivered to the applicant, nor shall any construction permits, certificates of occupancy, or other approvals or authorizations be issued to an applicant, when there exists any deficiency in the applicant's technical review fee deposit.

(7)

Final Accounting; Return of Unused Balance of Deposit. After the reviewing board has granted final approval and signed the approved subdivision plat or site plan, or otherwise taken final action on the application, the applicant shall provide written notice of same, by certified mail, return receipt requested, or by personal delivery, to the Chief Financial Officer, the reviewing board, and all professionals who have rendered services in connection with the application. Within thirty (30) days after receipt of such notice, each professional shall submit a final bill (or a statement in lieu of bill in the case of in-house professionals) to the Chief Financial Officer with a copy to the applicant. The Chief Financial Officer shall render to the applicant a final accounting within forty-five (45) days after receipt of all final bills and/or statements. The Chief Financial Officer shall return to the applicant with the final accounting any unused balance of the deposit, including any interest earned thereon in accordance with subsection d.

c.

Special Meeting Fees. A fee of one thousand ($1,000.00) dollars shall be charged to the applicant for any special meeting of the Planning Board or Board of Adjustment held at the request of the applicant to hear and/or decide any site plan application, major subdivision application, application for amendment of the Master Plan, or any other matter. Nothing herein shall obligate any board to hold a special meeting on any application for development.

d.

Waiver for Only One Hundred (100%) Percent Lower Income Housing. As set forth and defined in the Settlement Agreement with Fair Share Housing entered by the Court on December 20, 2018, known as the "Conditional Order of Judgment of Compliance and Repose". Notwithstanding any other provision of this section, a waiver of all Borough subdivision and site plan escrow fees and building permit and certificates of occupancy fees shall be granted by the approving Borough Agency for all housing units being provided by the applicant for low income families. This waiver shall not apply to inclusionary projects and shall be construed narrowly to apply only to projects which consist of one hundred (100%) percent affordable units as defined by the New Jersey Fair Housing Act.

(Ord. #637-99)

(Ord. No. 523-21, 4-12-2021; Ord. No. 527-21, 5-10-2021)

1.

Purpose. This Ordinance 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 32-38 (C. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7). Fees collected pursuant to this Ordinance shall be used for the sole purpose of providing very low, low- and moderate-income housing in accordance with a Court-approved Spending Plan.

2.

Basic Requirements.

a.

This Ordinance shall not be effective until approved by the Court.

b.

The Borough of Sayreville shall not spend development fees until the Court has approved a plan for spending such fees (Spending Plan).

3.

Definitions. The following terms, as used in this Ordinance, shall have the following meanings:

Affordable housing development means 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 one hundred (100) percent affordable housing development.

COAH or the Council means the New Jersey Council on Affordable Housing established under the Fair Housing Act.

Development fee means money paid by a developer for the improvement of property 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.

Developer means 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.

Equalized assessed value means 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 (C.54:1-35a through C.54:1-35c).

Green building strategies means 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.

4.

Residential Development Fees.

a.

Imposition of Fees.

1)

Within the Borough of Sayreville, all residential developers, except for developers of the types of developments specifically exempted in Section 4.B. below and developers of developments that include affordable housing, shall pay a fee of one (1) percent of the equalized assessed value for all new residential development provided 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.

2)

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 six (6) percent 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.

b.

Eligible Exactions, Ineligible Exactions and Exemptions for Residential Developments.

1)

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 and approved by the Court as part of its approval of the settlement of litigation in In the Matter of the Application of the Borough of Sayreville, Docket No.: MID-L-4010-15, shall be exempt from the payment of development fees.

2)

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.

3)

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 (1) 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.

4)

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.

5.

Non-Residential Development Fees.

a.

Imposition of Fees.

1)

Within all zoning districts, non-residential developers, except for developers of the types of developments specifically exempted below, shall pay a fee equal to two and one-half (2 ½) percent of the equalized assessed value of the land and improvements, for all new non-residential construction on an unimproved lot or lots.

2)

Within all zoning districts, non-residential developers, except for developers of the types of developments specifically exempted below, shall also pay a fee equal to two and one-half (2 ½) percent of the increase in equalized assessed value resulting from any additions to existing structures to be used for non-residential purposes.

3)

Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of two and one-half (2 ½) percent shall be calculated on the difference between the equalized assessed value of the pre-existing 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 non-residential development fee shall be zero.

b.

Eligible Exactions, Ineligible Exactions and Exemptions for Non-residential Development.

1)

The non-residential portion of a mixed-use inclusionary or market rate development shall be subject to a two and one-half (2 ½) percent development fee, unless otherwise exempted below.

2)

The two and one-half percent (2 ½) 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.

3)

Non-residential developments shall be exempt from the payment of non-residential development fees in accordance with the exemptions required pursuant to the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), as specified in Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption". Any exemption claimed by a developer shall be substantiated by that developer.

4)

A developer of a non-residential development exempted from the non-residential development fee pursuant to the Statewide Non-Residential 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 non-residential development fee, in that event, within three (3) years after that event or after the issuance of the final Certificate of Occupancy for the non-residential development, whichever is later.

5)

If a property which was exempted from the collection of a non-residential 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 forty-five (45) days of the termination of the property tax exemption. Unpaid non-residential development fees under these circumstances may be enforceable by the Borough of Sayreville as a lien against the real property of the owner.

6.

Collection Procedures.

a.

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.

b.

For non-residential developments only, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Non-Residential Development Certification/ Exemption" to be completed as per the instructions provided. The developer of a non-residential development shall complete Form N-RDF as per the instructions provided. The Construction Official shall verify the information submitted by the non-residential 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.

c.

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.

d.

Within ninety (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.

e.

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.

f.

Within ten (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.

g.

Should the Borough of Sayreville fail to determine or notify the developer of the amount of the development fee within ten (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 (C.40:55D-8.6).

h.

Except as provided in Section 5.A.3) hereinabove, fifty (50) percent 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.

i.

Appeal of Development Fees.

1)

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 Sayreville. 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, R.S. 54:48-1, et seq., within ninety (90) days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

2)

A developer may challenge non-residential 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 forty-five (45) days of receipt of the challenge, collected fees shall be placed in an interest bearing escrow account by the Borough of Sayreville. 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, R.S.54:48-1, et seq., within ninety (90) days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

7.

Affordable Housing Trust Fund.

a.

There is hereby created a separate, interest-bearing Affordable Housing Trust Fund to be maintained by the Chief Financial Officer of the Borough of Sayreville for the purpose of depositing development fees collected from residential and non-residential developers and proceeds from the sale of units with extinguished controls.

b.

The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:

1)

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 Sayreville;

2)

Funds contributed by developers to make ten (10) percent of the adaptable entrances in a townhouse or other multistory attached dwelling unit development accessible;

3)

Rental income from municipally operated units;

4)

Repayments from affordable housing program loans;

5)

Recapture funds;

6)

Proceeds from the sale of affordable units; and

7)

Any other funds collected in connection with Sayreville's affordable housing program.

c.

In the event of a failure by the Borough of Sayreville 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 Borough of Sayreville, or, if not practicable, then within the County or the Housing Region.

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 non-compliant condition(s), and upon a finding of continuing and deliberate non-compliance, 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.

d.

Interest accrued in the Affordable Housing Trust Fund shall only be used to fund eligible affordable housing activities approved by the Court.

8.

Use of Funds.

a.

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 Sayreville'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 non-residential 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.

b.

Funds shall not be expended to reimburse the Borough of Sayreville for past housing activities.

c.

At least thirty (30) percent 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 (⅓) of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning thirty (30) percent or less of the median income for Housing Region 3, in which Sayreville is located.

1)

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 programs to be used for affordability assistance shall be identified and described within the Spending Plan.

2)

Affordability assistance to households earning thirty (30) percent 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 thirty (30) percent 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.

3)

Payments in lieu of constructing affordable housing units on site, if permitted by Ordinance or by Agreement with the Borough of Sayreville, and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.

d.

The Borough of Sayreville 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.

e.

No more than twenty (20) percent 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.

1)

In the case of a rehabilitation program, the administrative costs of the rehabilitation program shall be included as part of the twenty (20) percent of collected development fees that may be expended on administration.

2)

Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's 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.

9.

Monitoring. The Borough of Sayreville 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 non-residential developers, payments in lieu of constructing affordable units on site (if permitted by Ordinance or by Agreement with the Borough), funds from the sale of units with extinguished controls, barrier free escrow funds, rental income from Borough owned affordable housing units, repayments from affordable housing program loans, and any other funds collected in connection with Sayreville's affordable housing programs, as well as an accounting of the expenditures of revenues and implementation of the Spending Plan approved by the Court.

10.

Ongoing Collection of Fees.

a.

The ability for the Borough of Sayreville to impose, collect and expend development fees shall expire with the expiration of the repose period covered by its Judgment of Compliance unless the Borough of Sayreville 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.

b.

If the Borough of Sayreville 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 (C. 52:27D-320).

c.

The Borough of Sayreville 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 Borough of Sayreville retroactively impose a development fee on such a development. The Borough of Sayreville also shall not expend any of its collected development fees after the expiration of its Judgment of Compliance.

(Ord. No. 364-17, § 1, 10-10-2017; Ord. No. 386-17, 12-18-2017; Ord. No. 389-17, 1-22-2018)