The Chief Financial Officer of the Township shall make all payments to professionals for services rendered to the Township or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under law. Such fees or charges shall be established by resolution of the Township Committee of the Township of Springfield.

The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Township. The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of any such professionals or consultants including normal and typical expenses incurred in processing applications and inspecting improvements.

All deposits required of developers toward anticipated expenses for professional services shall be placed in an escrow account as set forth herein. The amount of all such deposits shall be reasonable in regard to the scale and complexity of the proposed development and the amount of the initial deposit for each shall be set forth herein.

The cost of inspections shall be the responsibility of the developer. An escrow account shall be established, as hereafter set forth, for each development application to cover the cost of professional charges for inspections. The amount of the initial deposit to be escrowed for anticipated municipal expenses shall be in accordance with N.J.S.A. 40:55D-53.2, as amended. The cost of such improvements shall be estimated by the Township based on documented construction costs for public improvements prevailing in the general area of the Township. Any appeal of such determination shall be to the county construction board of appeals, pursuant to law. All inspection costs resulting from utility company work shall be paid separately by the applicant.

All inspection fees shall be in the form of certified or bank checks.

All improvements and utilities installed in connection with an approved site plan or subdivision shall be inspected by the Township Engineer at the time of their installation to ensure satisfactory completion.

The Township Engineer shall be notified at least two working days prior to the start of any construction so that he or a qualified representative may be present at the time the work is done.

Upon at least substantial completion of all required sanitary sewers or water mains, and upon full completion of each of the following phases of work, the applicant shall notify the Governing Body, in writing, by certified mail addressed in care of the Township Clerk and shall send a copy thereof to the Township Engineer, so that he or a qualified representative may inspect at least the following work:

Prior to notifying the Governing Body of the completion or substantial completion of any improvements covered by a performance guarantee, the applicant shall prepare and submit to the Township Engineer a set of the approved public improvement and utility plans and profiles, signed and sealed by the appropriate professional, and amended to read "as constructed."

The inspection of all improvements of which such notice has been given shall be started within 10 days of notification. The inspector shall determine whether the work is satisfactory and in agreement with the approved final drawings and Township specifications. The general condition of the site shall also be considered.

Within 30 days of the final inspection, the Township Engineer shall prepare and file with the Governing Body a detailed, written report indicating either his approval, partial approval or rejection of the improvements inspected, with stated reasons for any rejection. The cost of any approved or rejected improvements covered by performance guarantee shall be set forth and certified.

In the event that final approval of a development has been granted in stages or sections, and hence, the construction of the required improvements is to be undertaken in stages or sections, bonding and inspection of improvements shall also be in stages or sections.

Inspection by the Township of the installation of improvements and utilities shall not operate to subject the Township to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter, it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the developer and owner of the site.

Each payment charged to the deposit for review of applications and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service, and for each date the service performed, the hours spent to 1/4 hour increments, the hourly rate and the expenses incurred.

All professionals shall submit vouchers to the Chief Financial Officer of the municipality on a monthly basis in accordance with schedules and procedures established by the Chief Financial Officer of the municipality.

If the services are provided by a municipal employee, the municipal employee shall prepare and submit to the Chief Financial Officer of the municipality a statement containing the same information as required on a voucher, on a monthly basis.

The professionals shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the municipality simultaneously to the applicant. The Chief Financial Officer of the municipality shall prepare and send the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements, and cumulative balance of the escrow accounts.

This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000.

If an escrow account or deposit contains insufficient funds to enable the municipality or approving authority to perform required application reviews or improvement inspections the chief financial officer of the municipality shall provide the applicant with a notice of the insufficient escrow or deposit balance.

In order for work to continue on the development or the application, the applicant shall within a reasonable time period post a deposit to the account in the amount to be agreed upon by the municipality or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.

The following close-out procedure shall apply to all deposits and escrow accounts and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved in the case of improvement inspection escrows and deposits.

The applicant shall send written notice by certified mail to the Chief Financial Officer of the municipality and the approving authority, and to the relevant municipal professionals, that the application or the improvements, as the case may be, are completed.

After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the municipality within 30 days, and shall send a copy simultaneously to the applicant.

The Chief Financial Officer of the municipality shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill.

Any balances remaining in the deposit or escrow account, including interest, shall be refunded to the developer along with the final accounting.

All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction.

Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with conditions of approval, or review of requests for modification or amendment made by the applicant.

A professional shall not review items which are subject to approval by any State governmental agency not under municipal jurisdiction except to the extent that consultation with a State agency is necessary due to the effect of State approvals in the subdivision or site plan.

Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work and such inspection shall be reasonably based on the approved development plans and documents.

If the municipality retains a different professional or consultant in the place of the professional originally responsible for development, application review or inspection of improvements, the municipality or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the municipality or approving authority shall not bill the applicant or charge the deposit or the escrow account for any such services.

An applicant shall notify in writing the Township Committee with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for service rendered to the municipality in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to law.

The Governing Body, or its designee, shall within a reasonable time period attempt to mediate any disputed charges.

If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals any charge to an escrow account or a deposit by any municipal professional or consultant.

An applicant or authorized agent shall submit the appeal in writing to the County Construction Board of Appeals. The applicant or authorized agent shall simultaneously send a copy of the appeal to the municipality, approving authority, and any professional whose charge is the subject of the appeal.

An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher, except that if the professional has not supplied the applicant with an informational voucher, the applicant shall file any appeal within 60 days from receipt of the municipal statement of activity against the deposit or escrow account.

An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.

In cases where the need for any off-tract improvement is created by the proposed development and where the approving authority determines that properties outside the development will also be benefited by the improvement, the approving authority shall forthwith forward to the Governing Body a list and description of all such improvements together with its request that the Governing Body determine and advise the Board of the procedure to be followed in the construction or installation thereof. The approving authority shall defer final action upon the site plan or subdivision until receipt of the Governing Body's determination, or until the expiration of 90 days after the forwarding of such list and description to the Governing Body without such determination having been made, whichever occurs first.

The Governing Body, within 90 days after receipt of said list and description, shall determine and advise the Board whether:

If the Governing Body shall determine that the improvement or improvements shall be constructed or installed under Subsection 35-84.2b1(a) hereinabove the approving authority shall estimate, with the aid of the Township Engineer or such other persons as have pertinent information or expertise the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the proposed development, will be specially benefited thereby, and the developer shall be liable to the municipality for such excess. Further, the Governing Body shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements in a manner consistent with the obligation of the developer for any excess of total costs over total benefits conferred, as set forth above.

If the Governing Body shall determine that the improvement or improvements shall be constructed or installed under Subsection 35-84.2b1(b) above, the approving authority shall, as provided in Subsection 35-84.2c hereinabove, estimate the difference between the total costs to be incurred and the total amount by which all properties to be benefited thereby, including the development property, will be specially benefited by the improvement, and the developer shall be liable to the municipality therefor, as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. Further, the Governing Body shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements and the assessment of benefits arising therefore in a manner consistent with the obligation of the developer with respect thereto, and proceedings under said ordinance shall be in accordance with Chapter 56 of Title 40 of the Revised Statutes, except to the extent modified by the obligation of the developer for any excess of total cost over total benefits conferred, as set forth above.

If the Governing Body shall determine that the improvement or improvements are to be constructed or installed by the developer under Subsection 35-84.2b2 hereinabove, the Board shall, in like manner, estimate the amount of such excess, and the applicant shall be liable to the municipality therefore as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. However, the developer shall be entitled to be reimbursed by the municipality for the amount of any special assessments against property other than the development property for benefits conferred by the improvement or improvements, if, as, and when the special assessments against such other property are received by the municipality. Further, the Governing Body shall adopt an ordinance authorizing and providing for the assessment against all properties, including the development property, of benefits conferred by the improvement or improvements and proceedings under said ordinance shall be in accordance with Chapter 56 of Title 40 of the Revised Statutes. However, any such assessment against the development property shall be marked paid and satisfied in consideration of the construction or installation of the improvement or improvements by the developer.

No final development approval shall be granted until the satisfactory completion and performance of all required improvements have been certified to the approving authority by the Township Engineer unless the applicant shall have filed with the municipality a performance guarantee as hereinafter provided assuring the installation of such improvements on or before an agreed upon date. Guarantees shall be for site improvements including but not limited to items such as grading, paving, sidewalks, storm drainage, sanitary sewerage, potable water systems, lighting and landscaping.

A performance guarantee estimate shall be prepared by the applicant's engineer and submitted to the Township Engineer for review and approval. The estimate shall set forth all requirements for improvements as established by the Board and their estimated cost, with said estimates appended to the performance guarantee. At the recommendation of the Township Engineer, the Governing Body shall pass a resolution either approving or adjusting the performance guarantee.

The applicant shall present two copies of the performance guarantee in an amount equal to 120% of the approved performance guarantee estimate for approval as to form and execution by the attorney for the approving authority.

The Township attorney shall then notify the secretary of the approving authority prior to the next regular meeting of the approving authority that the performance guarantee is properly executed.

The performance guarantee shall be payable to the Township of Springfield and shall be in the form of cash, certified check, a performance bond or other negotiable instruments permitted under N.J.S.A. 40:55D-53, in which the applicant shall be the principal, the bond to be provided by an acceptable surety company licensed to do business in the State of New Jersey. The Township Treasurer shall issue a receipt for such deposit and shall cause the same to be deposited in the name of the Township in a bank named by the municipality to be retained as security for completion of all required improvements and to be returned to the applicant upon completion of all required work or, in the event of default on the part of the applicant, to be used by the Township to pay the cost of obtaining the completion of all required improvements. Every bond, whether cash or surety, shall contain a clause to the effect that a determination by the Township Engineer that the principal has defaulted in the performance of his or her obligation shall be binding and conclusive upon the surety and the principal.

10% of the amount of the approved performance guarantee estimate shall be deposited by the applicant in cash with the Township.

The Governing Body, by resolution, shall approve, partially approve, or reject the improvements inspected on the basis of the final inspection report submitted by the Township Engineer and release, partially release, or declare in default the performance guarantee or portion thereof covering such improvements. The Governing Body shall notify the applicant of such action in writing, by certified mail, within 65 days of the notice of completion or substantial completion of improvements.

The Governing Body shall take action on each performance guarantee. The performance guarantee shall remain in full effect until released, partially released or declared in default by resolution of the Governing Body.

The time allowed for the installation of the improvements for which the performance guarantee has been provided may be extended by the Governing Body by resolution, provided, however, that it is the policy of the Township that no such extension shall be approved unless extenuating circumstances have prevented the applicant from completing the improvements within the time allowed. As a condition or as part of any such extension, the amount of the original performance guarantee shall be increased or reduced, as the case may be, to 120% of the estimated cost of the installation of the remaining required improvements as certified by the Township Engineer at the time of the passage of the resolution extending the time.

Where partial approval of improvements is granted by the Governing Body, all but 120% of the cost of the outstanding improvements, or 30% of the amount of the original performance guarantee, whichever is greater, shall be released.

If any improvements have not been installed in accordance with the performance guarantee, the applicant and surety shall be liable thereon to the Township for the reasonable costs over and above the 10% cash deposit on the improvements not installed, and, upon receipt of the proceeds thereof, the Township shall install such improvements.

The Township Engineer shall have certified in writing that the improvements are complete and in compliance with the requirements of this chapter;

The final site plan or subdivision application shall have been approved by the Board; and

The applicant shall have filed with the Governing Body a maintenance guarantee in an amount equal to not more than 15% of the original performance guarantee estimate. The maintenance guarantee shall run for a period of two years. The procedures and requirements governing such maintenance guarantee shall be identical with the procedures and requirements set forth for a performance guarantee in this chapter. The requirements for a maintenance guarantee may be waived by the Governing Body only if the Township Engineer has certified to the Governing Body that the improvements have been in continuous use for not less than two years from the date that the Township Engineer certified completion of such improvements and that during this period the applicant has maintained the improvements in a satisfactory manner.

No Certificate of Occupancy shall be issued for any development or portion thereof until all improvements are installed and have been approved by the Governing Body, except that a certificate of occupancy for any development may be issued after all utilities and other improvements, including the required stabilized base course of streets and parking areas within the development, are installed, but prior to the installation of the final or top course on said streets and parking areas.

Failure to comply with any of the conditions of a development approval subsequent to the receipt of any certificates of occupancy, shall be construed to be a violation of this chapter and shall be grounds for the revocation of the certificate of occupancy. If the Township Engineer finds that any conditions of approval have not been met, he shall give the applicant 10 days' written notice to comply with said conditions; failure of the applicant to comply within the ten-day period will result in the revocation of the certificate of occupancy. Nothing herein shall be construed to inhibit any statutory authority from the performance of their duties. Such violations may also be prosecuted, and any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the penalties identified in § 35-99.

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.

Pursuant to P.L. 2008, c.46 section 8 (C. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (C. 40:55D-8.1 through 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. COAH has granted the Township the right to retain collected nonresidential development fees.

This chapter establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance P.L. 2008, c.46, §s 8 and 32-38. Fees collected pursuant to this chapter shall be used for the sole purpose of providing low- and moderate-income housing. This chapter shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:97-8.

Pursuant to the mandate of the New Jersey Supreme Court, set forth in the March 10, 2015, decision in the matter of The Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing, references herein to the Council on Affordable Housing (COAH), shall be read to refer to the Superior Court of New Jersey, or such other court or agency as designated by the Supreme Court of New Jersey to exercise jurisdiction over such matters.

This chapter shall not be effective until approved by COAH pursuant to N.J.A.C. 5:96-5.1.

The Township shall not spend development fees until COAH has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.

Imposed Fees.

Eligible Exactions, Ineligible Exactions and Exemptions for Nonresidential Development.

Imposed Fees.

Eligible Exactions, Ineligible Exactions and Exemptions for Residential Development.

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 building permit.

For nonresidential 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 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.

The Construction Official responsible for the issuance of a building permit shall notify the local Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.

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.

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.

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.

Should the Township 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 (C.40:55D-8.6).

The developer shall pay 100% of the calculated development fee amount prior to the municipal issuance of a final certificate of occupancy for the subject property.

Appeal of Development Fees.

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 nonresidential and residential developers and proceeds from the sale of units with extinguished controls.

The following additional funds shall be deposited in the affordable housing trust fund and shall at all times be identifiable by source and amount:

Within seven days from the opening of the trust fund account, the Township shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, TDBank, NA and COAH to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).

All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH.

The expenditure of all funds shall conform to a spending plan approved by COAH. Funds deposited in the housing trust fund may be used for any activity approved by COAH to address the Township'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 pursuant to N.J.A.C. 5:97-8.7 through 8.9 and specified in the approved spending plan.

Funds shall not be expended to reimburse the Township for past housing activities.

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.

The Township may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.

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 COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the affordable housing trust fund.