(A)   It is the intent of this subchapter to regulate the development and management of low- and moderate-income housing units constructed in compliance with the Housing Element of the Township Master Plan, adopted by the Planning Board on March 18, 1987, and this Affordable Housing subchapter, both of which were granted substantive certification by the New Jersey Council on Affordable Housing (COAH) on May 10, 1994.

   (B)   This subchapter includes requirements set forth in N.J.A.C. 5:93 et seq., the substantive rules of COAH, which are applicable to the construction of new low- and moderate-income housing units. In cases where this subchapter is silent, the applicable COAH substantive rules shall apply in their entirety.

('74 Code, § 131-72) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15)

   The Township Committee shall appoint an Affordable Housing Administrator (Housing Administrator) to perform the following duties and functions:

   (A)   Implement the affirmative marketing program set forth in § 153.026 of this chapter.

   (B)   Set sales unit prices and/or rental unit rents in accordance with this subchapter and the COAH rules.

   (C)   Screen potential home buyers/tenants for income eligibility.

   (D)   Maintain lists of eligible households for affordable units.

   (E)   Match eligible home purchasers and renters to units appropriate to their need as specified in this subchapter.

   (F)   Administer all resale and rerental transactions pursuant to §§ 153.013 through 153.022 of this chapter.

   (G)   Provide or obtain housing counseling services as necessary for occupants of affordable housing units.

   (H)   Complete and submit COAH monitoring forms by August 30 of each year.

   (I)   Hold hearings, upon notice, to adjudicate disputes or complaints involving purchasers, renters and the developer/sponsor.

   (J)   Assist the developer as necessary to implement those activities delegated to the developer pursuant to § 153.003 of this chapter.

   (K)   Undertake other activities requested by the Township Committee which are designed to facilitate the construction and occupancy of the affordable units, in compliance with the provisions of this subchapter and COAH rules.

('74 Code, § 131-75) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 812-97, passed 7-14-97; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15)

   The duties and functions of the Housing Administrator described in § 153.002(A) through (I) and (K) may be delegated to the developer of the affordable units, provided, however, that the final responsibility for compliance with this subchapter remains with the township.

(Ord. 812-97, passed 7-14-97; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15)

   The developer of low- and moderate-income housing units shall submit to the agency a description of the mechanism to be used to ensure that the required low- and moderate-income units are sold or rented only to low- and moderate-income households for a period of not less than 20 years.

('74 Code, § 131-76) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15)

   (A)   All inclusionary development on sites identified in the Township Housing Plan or any multifamily dwelling unit development with a finally approved density equal to six units per gross acre or more, shall have a mandatory 20% set aside for the provision of affordable housing. Notwithstanding the foregoing, if the developer of the inclusionary or multifamily dwelling unit development does not desire to set aside all of the required units for sale or lease to low and moderate income households, or desires to set aside less than the required number of units, the developer may satisfy its fair share requirement by paying to the Township Fair Share Trust Fund a development fee equal to $25,000 times the exact number of required low and moderate income units that the developer does not intend to develop and sell or rent. Fifty percent of the total development fee due must be paid prior to issuance of the first building permit for the development and the balance must be paid prior to issuance of the first certificate of occupancy with respect to the development. The collection, administration, and use of the development fees collected will be governed by Chapter 36.

('74 Code, § 131-77) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 873-98, passed 5-11-98; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15) Penalty, see § 156.999

   The affordable housing units provided through inclusionary development shall be divided equally between low- and moderate-income households. At least 50% of all units in each bedroom distribution and 50% of all rental units shall be available for low-income households.

('74 Code, § 131-78) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15) Penalty, see § 156.999

   Affordable housing units shall have the following distribution of bedroom types:

   (A)   At a minimum, 30% of all low- and moderate-income units shall be two-bedroom units.

   (B)   At a minimum, 20% of all low- and moderate-income units shall be three-bedroom units.

   (C)   The combination of efficiency and one-bedroom units is at least 10% and no greater than 20% of the total low- and moderate-income units

('74 Code, § 131-79) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15) Penalty, see § 156.999

   Affordable housing units shall be situated on the development tract in locations no less desirable than market priced dwelling units within the development or as approved by COAH and shall be equally accessible to common open space, community facilities and shopping facilities.

('74 Code, § 131-80) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15) Penalty, see § 156.999

   Final site plan approval shall be contingent upon the development, whether developed in one stage or in two or more stages, meeting the following phasing schedule:

Low- and Moderate-Income

Units Completed             Market Housing

(minimum %)         Units Completed (%)

      0                   25

      10                   25 + 1 unit

      50                   50

      75                   75

      100                   90

                         100

('74 Code, § 131-81) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15)

   (A)   Initial sales and/or initial rentals of affordable housing units shall be administered by the developer under the supervision of the Board. In the event that the developer is unable or unwilling to undertake this function, this responsibility may be assumed by the Board and Housing Administrator or contracted with another entity. The developer shall pay a reasonable fee to defray the expenses of such administration.

   (B)   Resales of owner units shall be administered by the Board. Re-rental of rental units shall be the responsibility of the owner of the rental units under the supervision of the Board.

   (C)   The developer, with the consent of the Board, shall designate an application period during which applications to purchase or rent affordable housing units will be accepted.

   (D)   Applications shall be accepted only if submitted on an application form prepared and/or approved by the Housing Administrator. Applications shall be completely filled out and notarized. Knowingly or intentionally making any false statement on a form shall be grounds for disqualifying an applicant even if the applicant is otherwise eligible. The following information shall be required for a prospective purchaser or renter:

      (1)   Four consecutive pay stubs dated within 120 days of the interview date or one recent pay stub and a letter from each and every current employer stating present income in an annualized figure plus expected income from tips, overtime or other extra earnings.

      (2)   A letter or appropriate reporting form verifying, without limitation, social security, unemployment, disability, pension or other benefits, including those received by an adult caretaker for the benefit of a minor child.

      (3)   A letter or appropriate reporting form verifying any other sources of income claimed by the applicant or household member.

      (4)   A copy of IRS form 1040, 1040A or 1040EZ, as applicable, and state income tax returns for each of the three years prior to the date of the interview.

      (5)   Reports that verify income from bank accounts, securities, trust funds or other income-producing properties.

      (6)   Reports that verify assets that do not earn regular income such as non- income-producing real estate and savings with delayed earnings provisions.

      (7)   Birth certificates or social security cards for children or for any household member not listed on IRS forms.

   (E)   The Board or developer shall determine whether the applicant meets the income and other requirements established in these regulations. The review process for a prospective purchaser shall involve a credit background report; to be an eligible applicant, the applicant shall have an acceptable credit history such that there is realistic possibility that he/she will be approved for a mortgage.

   (F)   The Board or developer will determine which eligible applicants shall be offered the opportunity to purchase or rent affordable housing units. Selection from among the eligible applicants shall be on a random basis subject only to the priority schedule established in division (G) and the provisions established thereunder.

   (G)   Residency and size of household priorities.

      (1)   A household of the size provided for in this division shall have priority over households with a lesser number of persons for one-bedroom, two- bedroom and three-bedroom units.

      Unit Type             (persons)

      3-bedroom             4 or more *

      2-bedroom                3

      1-bedroom                2

* NOTE: A household of more than 4 shall be treated the same as a household of 4.

      (2)   All applicants shall be classified in one of the priority categories set forth above on the basis of the information provided in the initial application.

('74 Code, § 131-82) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15)

   (A)   The agency shall establish income eligibility ceilings for low- and moderate- income units for various sized households based upon United States Department of Housing and Urban Development “uncapped median income by family size” for Camden County and as adopted by COAH. No applicant with a household income in excess of these ceilings shall be eligible to rent the low- and moderate- income units.

   (B)   Upon annual adoption of updated income standards by COAH, the Housing Administrator shall modify its income eligibility ceilings accordingly.

   (C)   For purposes of determining income and eligibility, the Housing Administrator shall consider:

      (1)   All sources of income, whether taxable or nontaxable, including social security and pensions.

      (2)   Imputed income. For the purpose of determining eligibility and rents, interest on the present value of real property and extraordinary personal property owned by the applicant shall be imputed and deemed additional income. Interest shall be imputed at the average interest rate on money market accounts in the region as determined by the Housing Administrator.

      (3)   The income and assets of all members of the household as well as the income and assets of any individual who is expected to occupy the unit for which the household is seeking to qualify shall be included in the determination of eligibility and of rents. The form used for verification of household income shall include an affidavit attesting that the application contains the complete income of all current or anticipated household members.

('74 Code, § 131-83) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15)

   (A)   The following criteria shall be considered in determining rents and sale prices:

      (1)   Efficiency units shall be affordable to one-person households.

      (2)   One-bedroom units shall be affordable to 1.5-person households.

      (3)   Two-bedroom units shall be affordable to three- person households.

      (4)   Three-bedroom units shall be affordable to 4.5-person households.

      (5)   Four-bedroom units shall be affordable to seven- person households.

   (B)   Median income by household size shall be established by a regional weighted average of the uncapped Section 8 income limits published by HUD. To compute this regional income limit, the HUD determination of median county income for a family of four is multiplied by the estimated households within the county. The resulting product for each county within the housing region is summed. The sum is divided by the estimated total households in each housing region. This quotient represents the regional weighted average of median income for a household of four. This regional weighted average is adjusted by household size based on multipliers used by HUD to adjust median income by household size. The maximum average rent and price of low- and moderate- income units within each inclusionary development shall be affordable to households earning 57.5% of median income. The municipal ordinance shall require moderate-income sales units to be available for at least three different prices and low-income sales units to be available for at least two different prices.

   (C)   For municipalities that meet the criteria in division (B), in averaging 57.5% thereunder, developers and/or municipal sponsors of rental units may establish one rent for a low-income unit and one rent for a moderate-income unit for each bedroom distribution

   (D)   The maximum rents of low- and moderate-income units within each inclusionary development shall be affordable to households earning no more than 60% of median income. In averaging an affordability range of 52% for rental units. developers and/or municipal sponsors of rental units may establish one rent for a low- income unit and one rent for a moderate-income unit for each bedroom distribution.

   (E)   The maximum sales prices of low- and moderate- income units within each inclusionary development shall be affordable to households earning no more than 70% of median income. In averaging an affordability range of 55% for sales units, the municipal ordinance shall require moderate- income sales units to be available for at least two different prices and low-income sales units to be available for at least two different prices.    

   (F)   Owner-occupied and rental units shall require that low- and moderate- income units utilize the same heating source as market units within the inclusionary development.

   (G)   The initial price of a low- and moderate- income owner- occupied single family housing unit shall be established so that after a down payment of 5%, the monthly principal, interest, homeowner and private mortgage insurances, property taxes (property taxes shall be based on the restricted value of low- and moderate-income units) and condominium or homeowner fees do not exceed 28% of the eligible gross monthly income. Master deeds of inclusionary developments regulate condominium or homeowner association fees or special assessments of low- and moderate-income purchasers at a specific percentage of those paid by market purchasers. The percentage that shall be paid by low- and moderate-income purchasers shall be at least one- third of the condominium or homeowner association fees paid by market purchasers. Once established within the master deed, the percentage shall not be amended without prior approval from the Council on Affordable Housing.

   (H)   Gross rents, including an allowance for utilities shall be established so as not to exceed 30% of the gross monthly income of the appropriate household size referenced in division (A). Those tenant-paid utilities that are included in the utility allowance shall be so stated in the lease. The allowance for utilities shall be consistent with the utility allowance approved by HUD for use in New Jersey.

   (I)   Low-income housing units shall be reserved for households with a gross household income less than or equal to 50% of the median income approved by the Council. Moderate-income housing units shall be reserved for households with a gross household income less than 80% of the median income approved the Council. For example, a household earning 48% of median income may be placed in any low-income unit; however, a household earning 53% may not qualify for a low-income unit. A household earning 67% of median income may be placed in any moderate-income housing unit. A household earning less than 50% of median income may be placed in a moderate-income housing unit. Low- and moderate- income units shall not be offered to households that are not income eligible without COAH approval pursuant to N.J.A.C. 5:93-9.16.

('74 Code, § 131-84) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15) Penalty, see § 156.999

   (A)   All resale transactions of affordable housing units shall be administered by the Board. From the date on which the Board receives a notice of intent to sell by the owner of a low- or moderate-income unit, the Board shall have the exclusive right to purchase the unit or to refer prospective purchasers to that unit for a period of 90 days unless waived in writing by the Board. In the event that a contract for the unit is executed within the 90-day period set above and the prospective buyer is unable to close, the period during which the Board shall have the exclusive right to market the unit is automatically extended for a period of 21 days from the date it is notified of the buyer's inability to close.

   (B)   In the event that no contract has been entered into for the unit at the end of a 90-day period, the owner of the unit may seek approval from the Board to sell the unit directly. If the Board determines at that point not to purchase the unit, it shall authorize the applicant to sell the unit as set forth below. However, if the Board, upon investigation of the circumstances, determines that the failure to enter into a contract was the result of negligence, absence of good faith effort or lack of cooperation on the part of the seller, the Board shall require the applicant to attempt to sell the unit for an additional 90-day period.

   (C)   In the case of a low- income unit, to a low- or moderate- income buyer, or in the case of a moderate-income unit to a buyer whose income does not exceed 120% of median, any subsequent sale shall be fully subject to the resale restrictions contained in these regulations. The deed to the above income purchaser shall specifically contain a deed restriction establishing that it is subject to all the affordability controls outlined in this subchapter.

('74 Code, § 131-85) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15) Penalty, see § 156.999

   The resale price of the affordable housing unit shall be the base price increased pursuant to divisions (A) and (B) herein.

      100 100

    $30,000 x 1.25 = $37,500

      (1)   In addition, the seller shall be entitled to add to the selling price of the unit the cost of an eligible capital improvement to the affordable housing which, pursuant to N.J.A.C. 5:93-9.11, renders the unit suitable for a larger household.

      (2)   Upon request of an owner of an affordable housing unit, the Board shall consider within 30 days whether to grant prior approval of an improvement and to approve a specific dollar amount up to the amount actually expended for that improvement.

('74 Code, § 131-86) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15)

   (A)   The following transactions shall be deemed non- sales for the purpose of this plan. The owner of the affordable unit shall be entitled to a statement of exemption from the agency upon application.

      (1)   Transfer of ownership of an affordable housing unit between husband and wife.

      (2)   Transfer of ownership of an affordable housing unit between former spouses as a result of a judicial decree, judgment or order of divorce, but not including sales to third parties.

      (3)   Transfer of ownership of an affordable housing unit as a result of inheritance.

      (4)   Transfer of ownership of an affordable housing unit through an order of the Superior Court.

   (B)   A grant of exemption shall not eliminate the resale control restriction set forth in these regulations. Any subsequent sale shall be subject to all of the terms of these regulations.

('74 Code, § 131-87) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15)

   All re-rental transactions shall be administered by the Board. The rents of affordable housing units may increase annually based on the percentage increase in median income for the county housing region as determined from the uncapped Section 8 income limits, published by HUD, or other recognized standard adopted by the COAH that applies to the rental housing unit.

('74 Code, § 131-88) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15)

   No owner of an affordable housing unit may lease the unit to a tenant without prior written approval of the Board. Such approval shall not be granted except when justified by particular and unusual circumstances. An owner seeking such approval shall submit a written request to the Board setting forth the particular circumstances of the case including the reasons for the request to rent, the proposed duration of the tenancy and certification that the proposed tenant is a qualified low- or moderate-income household. In the event that the Board approves the request, it shall notify the owner of the unit. The owner shall rent the unit only to a qualified low- or moderate-income tenant for the period approved by the Board at a rent affordable to a low- or moderate-income tenant, whichever is applicable.

('74 Code, § 131-89) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15) Penalty, see § 156.999

   All rental units, both market and affordable, shall not be subject to any rent control ordinance which may be adopted in the township during the time period in which affordable housing price controls are effective.

('74 Code, § 131-90) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15)

   (A)   Except as otherwise provided in these regulations, all sales units and all rental units are subject to the provisions of this subchapter and shall be subject to resale and rental controls for a period of at least 30 years from the date of acquisition of the unit by the initial purchaser or lessee.

   (B)   The model restrictive covenant and mortgage lien contained in N.J.A.C. 5:93, Controls of Affordability, shall be applied to each affordable sale unit.

   (C)   All low- and moderate- income dwelling units shall be covered by covenants to ensure that in all initial sales and rentals, and in all subsequent resales and re-rentals, the units will continue to remain available and affordable to the lower- income households for which they were intended for the period specified in this section in accordance with the requirements and standards established by COAH.

('74 Code, § 131-91) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15) Penalty, see § 156.999

   (A)   The restrictive covenant governing the deeds of the low- and moderate-income units shall include an option permitting purchase of the affordable unit at the maximum allowable restricted sales price at the time of the first nonexempt sale after controls on affordability have been in effect on the unit for the period specified in this subchapter. The option to buy shall be available to the township, the State Department of Community Affairs (DCA), the State Housing and Mortgage Finance Agency (HMFA) or a qualified nonprofit agency as determined by COAH.

   (B)   All restrictive covenants governing low- and moderate-income units shall require the owner to notify the Board by certified mail of any intent to sell the unit 90 days prior to entering into an agreement for the first nonexempt sale after controls have been in effect on the housing units for the period specified in this subchapter.

   (C)   Upon receipt of such notice, the option to buy the unit at the maximum allowable restricted sales price shall be available for 90 days. The Board shall notify the township, DCA, HMFA and COAH that the unit is for sale. If the township exercises this option, it may enter into a contract of sale. If the township fails to exercise this option within 90 days, the first of the other entities giving notice to the seller of its intent to purchase during the 90-day period shall be entitled to purchase the unit. If the option to purchase the unit at the maximum allowable restricted sales price is not exercised by a written intent to sell, the owner may proceed to sell the housing unit. If the owner does not sell the unit within one year of the date of the delivery of notice of intent to sell, the option to buy the unit shall be restored and the owner shall be required to submit a new notice of intent to sell 90 days prior to any future proposed date of sale.

   (D)   Any option to buy a housing unit at the maximum allowable restricted sales price shall be exercised by certified mail and shall be deemed exercised upon mailing.

         (a)   If the Board, as an entity of the municipality, elects to purchase a low- or moderate-income unit pursuant to this subchapter, it may:

            1.   Convey or rent the housing unit to a low- or moderate-income purchaser or tenant at a price or rent not to exceed the maximum allowable restricted sales price or rental for a period of up to 30 years.

            2.   Convey the unit at fair market value subject to the deposit of the price differential in a trust account devoted solely to the creation, rehabilitation or maintenance of low- and moderate- income housing. “Price differential” is defined as the difference between the restricted sales price and fair market value as determined at the date of a proposed contract of sale after reasonable real estate broker fees have been paid.

            3.   Money in the trust account may not be expended until the Board develops a plan for its use which is approved by the Township Committee.

         (b)   In the event that the township purchases low- income housing units, the township shall maintain them as low-income housing units.

         (c)   In the event that the township elects to purchase low- or moderate-income housings and convey them at fair market value, the township shall:

            1.   Notify COAH of any proposed sale and resale price 90 days before closing.

            2.   Notify COAH of the price differential.

            3.   Deposit the price differential in a trust account devoted solely to the creation, rehabilitation or maintenance of low- and moderate- income housing.

            4.   Notify COAH by February 1 of each calendar year of the existing balance within this trust account.

         (d)   Money deposited in trust accounts may not be expended until the municipality submits and COAH approves a repayment housing plan. COAH may approve the repayment housing plan if it determines that it provides a realistic opportunity for the creation, rehabilitation or maintenance of low- and moderate- income housing.

         (e)   The township shall have the right to determine that the most desirable means of promoting an adequate supply of low- and moderate-income housing is to prohibit the exercise of the repayment option and maintain controls on lower-income housing units sold within the municipality beyond the period required by this subchapter. Such determination shall be made by resolution of the municipal governing body. The resolution shall specify the time period for which the repayment option shall not be applicable. During such period, no seller in the municipality may utilize the repayment option permitted by division (D)(4) below.

         (f)   If the township exercises the option outlined above, it shall:

            1.   Provide public notice in a newspaper of general circulation.

            2.   Notify the Board of its governing body's action. The Board shall ensure that the deed restriction on all affected housing units reflects extended period of controls.

         (a)   Convey or rent the housing unit to a low- or moderate-income purchaser or tenant at a price or rent not to exceed the allowable restricted sales price or rental; or

         (b)   Convey the unit at fair market value and utilize the price differential to subsidize construction, rehabilitation or maintenance of low- and moderate-income housing within the appropriate housing region.

         (a)   The seller may elect to:

            1.   Sell to a qualified low- and moderate- income household at the controlled unit sales price, provided that the unit is regulated by the restrictive covenant and lien adopted by the agency for a period of up to 30 years; or

            2.   Exercise the repayment option and sell to any purchaser at market price, provided that 95% of the price differential is paid to the agency, as instrument of the municipality, at closing.

         (b)   If the sale will be to a qualified low- and moderate-income household, the Board shall certify the income qualifications of the purchaser and shall ensure that the housing unit is regulated by the restrictive covenant and lien required by the Board.

         (c)   The Board shall examine any contract of sale containing a repayment option to determine if the proposed sales price bears a reasonable relationship to the housing unit's fair market value. In making this determination, the Board may rely on comparable sales data or an appraisal. The Board shall not approve any contract of sale where there is a determination that the sales price does not bear a reasonable relationship to fair market value. The Board shall make a determination within 20 days of receipt of the contract of sale and shall calculate the repayment option payment.

         (d)   The Board shall also adopt an appeal procedure by which a seller may submit written documentation requesting the Board to recompute the repayment obligation if the seller believes an error has been made or to reconsider a determination that a sales price does not bear a reasonable relationship to fair market value. A repayment obligation determination made as a result of an owner's appeal shall be a final administrative determination of the agency.

         (e)   The repayment shall occur at the date of closing and transfer of title for the first nonexempt transaction after the expiration of controls on affordability. Repayment proceeds shall be deposited in a trust account devoted solely to low- and moderate-income housing. Money deposited in trust accounts may not be expended until the agency develops and obtains township approval of a plan for its use.

('74 Code, § 131-92) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15) Penalty, see § 156.999

   (A)   Any mortgage for a low- and moderate-income unit shall contain a provision requiring the holder of a mortgage on the property to inform the Board at any time that the purchaser of a unit is 45 days or more in arrears on payment of his/her mortgage. The Board shall further be notified by the mortgagee in the event of institution of a foreclosure action. This notification provision does not apply to any mortgage which prohibits notice to a third party.

   (B)   The Board shall at all times have the right to intervene in any foreclosure action. In addition, the Board shall have the right to advance and pay all sums necessary to cure any arrears, to cure any other default or exercise any right of redemption or pay and satisfy any first mortgage or other lien so that the unit may be preserved and retained as a low- and moderate-income unit. All sums advanced by the agency shall become a lien against the unit and shall have higher priority than any lien except that of a first mortgage and tax or other liens held by any government agencies.

('74 Code, § 131-93) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15)

   In the event of a foreclosure by an institutional first mortgagee, the unit shall be exempt from all further resale restrictions, provided that the following conditions have been satisfied:

   (A)   The first mortgage did not exceed 100% of the authorized sales price of the unit by the current occupancy (unless written authorization was given by the agency for the owner to enter into a mortgage for a higher amount).

   (B)   The Board has been given both notice of the default by the mortgagee, as well as notice of the institution of foreclosure. In addition, the Board has not exercised its rights to cure the default.

   (C)   The lender who is the foreclosing mortgagee is the successful bidder at a sheriff's sale and takes title by deed from the sheriff, or the Board has given written approval for a deed in lieu of foreclosure.

('74 Code, § 131-94) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15)

   No second mortgage shall be placed upon the property without the prior written approval of the Board. In determining whether to grant an approval for the second mortgage, the Board shall consider the need for the second mortgage and the impact that the second mortgage shall have upon the ability of the Board to maintain this unit as a low- and moderate-income unit. Under no circumstances shall a foreclosure of a second mortgage constitute grounds for eliminating the resale controls provided for in this subchapter. Prior written approval shall be denied unless second mortgages are specifically authorized by COAH regulations and the application is consistent with those regulations.

('74 Code, § 131-95) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15) Penalty, see § 156.999

   Items of personal property which are not permanently affixed to the unit (such as refrigerator, freezer, washer, dryer) and which were not included when the affordable housing unit was purchased may be subject to separate negotiations between the parties subsequent to the signing of the contract for the purchase of the house. Any agreed price for the purchase of any item or items of personal property shall be reasonable considering the original cost, nature, age and condition of the item. The price to be paid for items of personal property shall not be used as a mechanism to avoid or circumvent the limitations on the resale price of the unit itself. In no event shall the right to purchase the unit be conditioned upon the buyer's willingness to agree to purchase any item or items of personal properties of the seller.

('74 Code, § 131-96) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15) Penalty, see § 156.999

   (A)   No certificate of occupancy for a low- or moderate- income unit shall be issued until the developer shall have submitted and have approved by the Township Solicitor deed restrictions encompassing all the provisions of this subchapter.

   (B)   No certificate of occupancy shall be issued for the resale of a low- or moderate- income unit unless the Board shall certify that the resale complies with the terms of this subchapter.

   (C)   No low- and moderate- income unit may be occupied by an initial purchaser or resale purchaser without a certificate of occupancy.

('74 Code, § 131-97) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15) Penalty, see § 156.999

   (A)   Intent. The low- and moderate-income housing units shall be aggressively marketed so as to attract potential purchasers and/or renters of all majority and minority groups, regardless of age, race, sex, religion or number of children, residing or working within the housing region, including the counties of Camden and Burlington.

      (1)   The availability of low- and moderate-income units in any development shall be advertised beginning at least three months prior to the expected issuance of a certificate of occupancy for any of the low- and moderate-income housing. Thereafter, such advertising shall occur on an as- needed basis throughout the period of the deed restriction with a frequency sufficient to maintain a waiting list of at least five income-eligible households for each low- and moderate-income unit that has been constructed.

      (2)   The primary advertising shall take the form of weekly press releases and paid block advertisements in at least the following newspapers: the Courier-Post, The Journal and the Burlington County Times.

      (3)   Additionally, monthly advertising circulars shall be sent to each of the following agencies for publication in their journals and for circulation among their members: the Camden County Board of Realtors and the Burlington County Board of Realtors.

      (4)   Monthly informational circulars shall also be sent to the heads of each of the following agencies in the counties of Camden and Burlington: the County Department of Human Services; the County Rental Assistance Office (local office of the Department of Community Affairs); the County Office on Aging; the County Housing Agency or Authority, if applicable; and the County Library (main branches).

      (1)   The name and address of the project.

      (2)   The number of units, including the number of sales and/or rental units.

      (3)   The description (number of bedrooms, and the like) and prices of sales and/or rental units.

      (4)   The approximate starting date for initial occupancy.

      (5)   The name, physical address, telephone numbers and office hours of the rental manager and/or sales agent.

      (1)   Households that apply for low- and moderate- income housing shall be screened for preliminary income eligibility by comparing their total income to the low- and moderate-income limits adopted by COAH. Applicants shall be notified as to their eligibility status.

      (2)   Having screened applicants for preliminary income eligibility, the municipal entity may analyze the income and household sizes of applicants to determine which applicants have the assets and/or income necessary to purchase or rent each available low- or moderate- income unit.

      (3)   The municipal entity shall interview each applicant and utilize the procedures outlined in N.J.A.C. 5:93-9.1 to: verify the applicant's income and household size; determine the applicant's asset availability; and review the applicant's credit history. Applicants shall be required to submit income verification for each household member 18 years or older. This process shall be utilized in establishing the final certified applicant group.

      (4)   The process described in divisions (A) through (C) may begin no sooner than one month after the advertising program outlined in N.J.A.C. 5:93-11.3 begins. Households shall be selected to proceed through the process described in divisions (A) through (C) through a method of random selection. Households shall be certified for low- and moderate- income units using the procedures outlined in N.J.A.C. 5:93-9.1. The process described in divisions (A) through (C) shall be continued until all the low- and moderate-income units are occupied.

      (1)   Monitoring forms approved by COAH, completed and signed.

      (2)   Copies of any press releases, brochures, flyers, print advertisements and application forms used in the affirmative marketing program.

      (3)   An evaluation of the income and demographic characteristics of each applicant for low- and moderate-income housing, as well as the occupants of the units.

      (4)   An evaluation of any necessary adjustments required to the affirmative marketing program.

('74 Code, § 131-98) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15)

   In the event of a special hardship or in the event that a minor technical modification of these regulations is necessary to effectively implement the policy of this subchapter, the Board may waive or modify those regulations relating to occupancy selection, sale or resale prices, or income eligibility standards, provided that such waiver of modification is consistent with the intent of these regulations and the Land Use Regulations and does not violate COAH policy, regulations or statute.

('74 Code, § 131-99) (Ord. 15-1975, passed 8-11-75; Am. Ord. 369-1987, passed 7-27-87; Am. Ord. 699-94, passed 6-13-94; Am. Ord. 945-99, passed 9-13-99; Am. Ord. 43-04, passed 3-22-04; Am. Ord. 266-15, passed 5-11-15)

      (2)   Pursuant to P.L. 2008, c.46 section R (C.52:27D-329.2) and the Statewide Nonresidential 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.

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

      (1)   This section shall not be effective until approved by COAH or the court pursuant to N.J.A.C. 5:96-5.1.

      (2)   Voorhees Township shall not spend development fees until COAH or the court 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.

         (a)   Any building or structure, or portion thereof, including but not limited to any appurtenant improvements, which is designated to a use group other than a residential use group according to the State Uniform Construction Code promulgated to effectuate the “State Uniform Construction Code Act,” P.L. 1975, c.217 (C.52:27D-119 et seq.), including any subsequent amendments or revisions thereto;

         (b)   Hotels, motels, vacation timeshares, and child-care facilities; and

         (c)   The entirety of all continuing care facilities within a continuing care retirement community which is subject to the “Continuing Care Retirement Community Regulation and Financial Disclosure Act,” P.L. 1986, c.103 (C.52:27D-330 et seq.).

      (1)   Imposed fees.

         (a)   Within all zoning districts in the Township, developers of all new residential dwelling units not exempt from the collection of development fees in accordance with division (D)(2) of this section shall pay a fee of 1.5% of the equalized assessed value for residential development, provided no increased density is permitted.

         (b)   When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a “d” variance) has been permitted, developers may be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. However, 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.

         Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1.5% of the equalized assessed value on the first two units; and the specified higher percentage up to 6% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.

      (2)   Eligible exactions, ineligible exactions and exemptions for residential development.

         (a)   Affordable housing developments and developments where the developer has made a payment in lieu of on- site construction of affordable units shall be exempt from development fees.

         (b)   Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.

         (c)   Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use (such as from a single-family to a two-family dwelling). The development fee shall be calculated on the increase in the equalized assessed value of the improved structure. Development fees are not required for additions to existing dwelling units or for accessory structures.

         (d)   Developers of residential structures demolished and replaced as a result of a natural disaster shall be exempt from paying a development fee.

      (1)   Imposed fees.

         (a)   Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, 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)    Nonresidential developers, except for developers of the types of development specifically exempted, 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 improvement and the equalized assessed value of the newly improved structure, i.e. land and improveinent, at the time 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 the 2.5% development fee, unless otherwise exempted below.

         (b)   The 2.5% fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within 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 P.L. 2008, c.46, as specified in the Form N- RDF “State of New Jersey Nonresidential Development Certification/Exemption” Form. 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 P.L. 2008, c.46 shall be subject to it at such time 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 of 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 Township as a lien against the real property of the owner.

      (1)   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.

      (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 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.

      (4)   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.

      (5)   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.

      (6)   Within ten 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.

      (7)   Should the Township fail to determine or notify the developer of the amount of the development fee within ten 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).

      (8)   Fifty percent of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of 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 Township. 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 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 Township. 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 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

      (1)   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 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 affordable units;

         (b)   Developer contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached 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 the Township's affordable housing program.

      (3)   Within seven days from the opening of the bust fund account, the Township shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, the bank, 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).

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

      (1)   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 creation or 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.

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

      (3)   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.

         (a)   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.

         (b)   Affordability assistance to households earning 30% 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 30% or less of median income. The use of development fees in this manner shall entitle the Township to bonus credits pursuant to N.J.A.C. 5:97-3.7.

         (c)   Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.

      (4)   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.

      (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 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.

   (J)   Ongoing collection of fees. The ability for the Township to impose, collect and expend development fees shall expire with its substantive certification unless the Township 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 fails to renew its ability to impose and collect development fees prior to the expiration of its 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 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 retroactively impose a development fee on such a development. The Township shall not expend development fees after the expiration of its substantive certification or judgment of compliance.

(Ord. 156-09, passed 10-26-09; Am. Ord. 266-15, passed 5-11-15)