A. Enforcing officer.
(1) Zoning Officer.
(a) It shall be the duty of the Zoning Officer and/or the Code Enforcement Officer appointed by the Township of Colts Neck to administer and enforce this chapter. No structure shall be modified, extended, enclosed, constructed, reconstructed, structurally altered or erected or moved until a construction permit is obtained from the Construction Official, for which a fee may be required as established by resolution of the Township Committee. In no case shall a construction permit be issued for the construction or alteration of any structure or site until the Construction Official determines that the proposed construction or the alteration conforms to the provision(s) of this chapter. [Amended 11-10-1999]
(b) It shall be the duty of the Zoning Officer and Construction Official to cause any new or modified structures, plans, sites or premises to be inspected or examined and to order the owner, in writing, that any condition be remedied which is found to exist in violation of any provisions of this chapter. The Construction Official and/or Zoning Officer shall have the right to enter any structure or premises during the daytime in the course of his or her duties. It shall be the duty of the Construction Official to keep a record of all applications and construction permits which are either issued or denied with notations of any conditions involved, which data shall form a part of the Township public records.
(2) Township Engineer. It shall be the duty of the Township Engineer to monitor all development activities concerned with approved subdivisions and site plans; in case of any ordinance and/or plan violations, to promptly report to and require prompt corrective action by the developer; and to keep the Planning Board promptly and fully informed of such violations and corrective action so that further legal action may be taken if required.
B. Revocation of approval.
(1) The Planning Board shall have the right to revoke site plan or subdivision approval previously given when the applicant, property owner, successor property owners, their contractor(s) or other agent(s), servant(s) and/or employee(s) deviate in a material and/or substantial manner from the standards, conditions and/or requirements of site plan or subdivision approval in the construction, maintenance and/or development of the property, land or site or a portion of the same.
(2) Notice of such deviation shall be given to the Chairman of the Planning Board by the Zoning Officer or Municipal Engineer who shall thereafter cause written notice of the change to be served upon the developer and/or property owner at the address shown by the tax assessment records of the Township. The notice shall state that the Planning Board shall hold a hearing in order to determine whether site plan or subdivision approval should be revoked because of the deviation from the standards, conditions and/or requirements of site plan or subdivision approval. The developer and/or property owner may appear personally and participate at such hearing and may be represented by an attorney at law. The hearing may be scheduled not earlier than seven days after receipt of the written notice by the Chairman and not later than 45 days after such receipt, provided that the property owner and/or developer shall have at least five days' notice of such hearing. Service by mail of the notice upon the developer and/or property owner shall be deemed to have been made upon deposit of a properly addressed notice in the United States Mail.
A. The approving authority, when acting upon applications for preliminary or minor subdivision approval and preliminary or minor site plan approval, shall have the power to grant such exceptions from the design and performance standards in Part 3 of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivisions/site plan review and approval if the literal enforcement of one or more provisions of this chapter is impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question or will result in an improved subdivision or site plan in accordance with good planning practices.
B. The approving authority, when acting upon an application which includes provisions for lower-income housing, may waive those portions of the design standards that do not create health and safety concerns for the Township or for the future residents of a development, provided that such exemption from these standards will reduce construction costs so that the savings therefrom shall be passed on to the buyers and renters of lower-income housing in the form of reduced housing costs.
A. Division of land not considered a subdivision as defined in this chapter shall be exempt from compliance with the requirements of this chapter only after affirmative action by the approving authority. Such action shall be taken following submission of an application and documentation sufficient for the approving authority to determine if the application qualifies as an exception. Until exempted from the subdivision regulations by the approving authority, no person can transfer, sell or agree to transfer or sell, as owner or agent, any land which forms a part of a subdivision for which approval is required.
B. See the definition of "site plan, exempt" in Article III herein.
A. Nonrefundable application fees. The developer shall, at the time of filing an application, pay the following nonrefundable fee(s) to the Township of Colts Neck. Proposals involving more than one use or approval shall pay a fee equaling the sum of the fees for the component elements of the application. For subdivision, site plan and variance application in the A-4 District involving lower-income housing, the fee for each lower-income lot in a subdivision and for each lower-income dwelling unit in a site plan shall be waived. Escrow deposits, performance guaranties, inspection fees and maintenance guaranties shall be in addition to the application fees. For purposes of this section, "application" shall mean an application for development or a request for a determination by an approving authority under this chapter.
(1) Subdivision fees.
(a) Informal submission: $200.
(c) Minor subdivision: $500 plus $175 per lot. [Amended 8-11-2004]
(d) Preliminary major subdivision: $1,000 plus $250 per lot. [Amended 8-11-2004]
(e) Final major subdivision: $350 plus $250 per lot. [Amended 8-11-2004]
(f) For tax map maintenance and updates: [Amended 12-29-1999; 12-8-2010]
[1] Minor subdivisions: $300.
[2] Major subdivisions: $200 per lot.
(g) Where new roads are proposed, $100 per road for update of Township Street and Road Map. [Amended 12-29-1999]
(h) Resubmission fee: $200 per resubmission for minor, preliminary or final approval after the first resubmission. [Added 12-8-2010]
(i) Extension of time: $100 per extension of time to minor, preliminary or final approval. [Added 12-8-2010]
(2) Site plan fees.
(a) Informal submission: $200.
(b) Sketch plat: $250 per acre.
(c) Minor site plan: $500 plus $100 per acre. [Amended 8-11-2004]
(d) Preliminary major site plan:
[1] Up to two acres: $1,500 per acre. [Amended 8-11-2004]
[2] Two and one-tenth to 10.0 acres: $3,000 plus $350 per acre over two acres. [Amended 8-11-2004]
[3] Ten and one-tenth to 50.0 acres: $5,800 plus $100 per acre over 10 acres. [Amended 8-11-2004]
[4] Fifty and one-tenth to 100.0 acres: $6,500 plus $50 per acre over 50 acres.
[5] One hundred and one-tenth acres or more: $9,000 plus $10 per acre over 100 acres.
(e) All per-acre costs shall be for each whole acre and for any remaining fraction of an acre.
(f) Final major site plan: one half of the preliminary major site plan fee.
(g) Resubmission fee: $200 per resubmission for minor, preliminary or final approval after the first resubmission. [Added 12-8-2010]
(h) Extension of time: $100 per extension of time to minor, preliminary or final approval. [Added 12-8-2010]
(3) Other.
(a) Signs not included in any other site plan: $75 per sign.
(b) Approval of New Jersey Department of Environmental Protection (DEP) stream encroachment permit by Township Engineer: $250 minimum or $150 per encroachment, whichever is greater.
(c) Farm stand, temporary seasonal permit: $15 per stand.
(d) Seasonal decoration display permit: $15 per display.
(e) Temporary outdoor sign permit (NOTE: This permit shall be good for four separate sales day events per calendar year if the same sign size and location are used for all sales days and the sales day dates are reported to the Township Administrator at least 10 days prior to each sales day event.): $15 per sign.
(f) Private horse show: $15 per show.
(g) Public horse show: $50 per show.
(h) Zoning permit: $50 per application. [Amended 12-8-2010]
(i) Special event permit: $250 per event.
(j) Major development grading/drainage plan review: $500 per review. [Added 12-8-2010]
(k) Special Planning Board or Board of Adjustment meeting: $1,500 per meeting. [Added 12-8-2010]
(4) Conditional uses: $350 per application.
(5) Variances.
(a) Hear and decide appeals: $500 per application. [Amended 12-8-2010]
(b) Interpretation of Zoning Map or special questions: $350 per application. [Amended 12-8-2010]
(c) Hardship variances or other variances under N.J.S.A. 40:55D-70(c): $350 per lot.
(d) Use variance under N.J.S.A. 40:55D-70(d):
[1] Up to two acres: $500 per acre, $400 minimum. [Amended 12-8-2010]
[2] Two and one-tenth to 10.0 acres: $600 plus $150 per acre over two acres.
[3] Ten and one-tenth to 50.0 acres: $1,800 plus $50 per acre over 10 acres.
[4] Fifty and one-tenth to 100.0 acres: $3,800 plus $20 per acre over 50 acres.
[5] One hundred and one-tenth acres or more: $4,800 plus $10 per acre over 100 acres.
(e) All per-acre costs shall be for each whole acre and for any remaining fraction of an acre.
B. Escrow deposits. An escrow deposit shall be required to be posted and maintained in connection with any application for interpretation, for a concept or informal plan, sketch plat, preliminary plat, final plat, conditional use, variance or related matter, whether before the Planning Board or the Board of Adjustment, as set forth below:
(1) Escrow payments shall be for the purpose of reimbursing the Township for the costs of any professional fees incurred for reviews, inspection charges and actual out-of-pocket expenses associated with applications on behalf of the Township, including applications for development and variance applications involving the review of applications, review and preparation of documents, inspection of improvements or other purposes under the provisions of the Municipal Land Use Law and for such costs incurred for professional services of outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Township. Said reviews shall include but not be limited to analysis of all application documents, maps, plans, reports and exhibits, preparation of written reports, meeting attendance, oral testimony, inspections and/or other services rendered in connection with the application under the provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.). Escrow payments shall be in addition to the nonrefundable application fees required above. All escrow payments shall be placed in an escrow account pursuant to the following schedule. The Township shall be responsible for all payments to its professionals for services rendered.
(2) Each applicant shall make a deposit toward anticipated municipal expenses for professional services. The deposit shall be placed in an escrow account by the Township Treasurer pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-53.1). The amount of the deposit required shall be reasonable in relation to the scale and complexity of the development in accordance with the following schedule. All payments charged to the escrow account shall be pursuant to vouchers from the professionals identifying the personnel performing the service and, for each date the service was performed, the hours spent to one-quarter-hour increments, the hourly rate and the expenses incurred. If the salary, staff support and overhead for a professional are provided by Township staff, the charge to the deposit shall not exceed 200% of the sum of the products resulting from multiplying the hourly base salary of each of the professionals by the number of hours spent by the respective professionals on the review of the application or on the inspection of the applicant's improvements, as the case may be. For other professionals, the charge to the deposit shall be at the same rate as all other work of the same nature by the professional for the Township. The Township shall open the account, administer the account, close out the account, return-inspect funds and resolve any disputes in accordance with the procedures set forth in N.J.S.A. 40:55D-53.1.
(3) No submission shall be deemed complete and no action to approve or conditionally approve an application shall be taken until such time as the applicant shall have posted with the Township, by cash, certified check or money order, the amount of all escrow sums required to be deposited pursuant to this section, calculated as shown below.
(4) If, during the processing of the application, the funds remaining in the escrow account are depleted below a sum equal to 25% of the original deposit or $500, whichever is greater, the applicant shall deposit additional funds to bring the escrow account equal to the larger of either $500 or 40% of the original deposit before the application shall continue to be processed by the approving authority and prior to action on the application. By mutual agreement, the applicant and the approving authority may agree to another payment schedule where the size and scope of the application may warrant it. The approving authority may dismiss an application in the event that an applicant does not replenish the escrow account or does not post sufficient escrow fees to continue the processing of an application.
(5) Schedule of payments (any unspent funds from previous stages of a development shall be credited against the fee for subsequent applications). The escrow to be posted for preliminary plats per the type and scale of the development application shall be as follows (interpretations and concept, sketch and final plat applications shall pay 1/2 of these amounts):
(a) Number of residential lots or units to be created. [Amended 12-8-2010]
[1] One to four: $750 per lot or unit.
[2] Five to 10: $3,000 plus $500 per unit or lot over four.
[3] Eleven or more: $6,000 plus $300 per unit or lot over 10.
(b) Commercial/industrial and other nonresidential subdivisions not involving structures. [If the subdivision is part of a simultaneous application for a site plan, the fee shall be based on Subsection B(5)(c) below.]
[1] Zero to three lots: $1,500.
[2] Four to five lots: $3,000.
[3] Six or more lots: $5,000.
(c) Site plans or conditional use applications for commercial/industrial and other nonresidential uses with proposed additions or expansions involving a gross floor area of: [Amended 12-8-2010]
[1] Up to 5,000 square feet: $4,000.
[2] Five thousand one to 20,000 square feet: $4,000 plus $0.75 per square feet over 5,000 square feet.
[3] Twenty thousand one square feet or more: $15,250 plus $0.15 per square feet over 20,000 square feet.
(d) Other applications. Application pursuant to N.J.S.A. 40:55D-34 or 40:55D-36: $100 per lot.
(e) Applications pursuant to N.J.S.A. 40:55D-70: $600 per lot. [Added 8-11-2004; 12-8-2010]
(6) The administrative officer shall review the submission to determine whether the escrow amount complies with the above schedule. In the event that the administrative officer and the applicant agree that the complexity of the plan or the need for additional expertise may be required and that a greater escrow deposit would be more appropriate for the application, a larger dollar amount may be deposited. In the event that subsequent replenishment of the escrow fund is needed, the percentage deposits set forth above shall be the minimum payment required.
(7) If moneys expended for professional services on an application exceed the posted escrow amount, the applicant shall pay such moneys within 14 calendar days from the mailing of notification of such deficit. Payment of such money shall be a mandatory condition of approval of all action taken by the Township. No construction permit or certificate of occupancy shall be issued until all such fees are paid. Any required escrow payment that has not been paid within 30 days of notification shall be turned over to the Township Attorney for collection and may include the placement of a lien on the property.
(8) Refunds for completed, dismissed or withdrawn applications. Upon completion, dismissal or withdrawal of an application, the applicant will be responsible for any and all professional fees accrued to date. The Chief Financial Officer 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 bills for services from the relevant municipal professionals.
(9) The owner and developer shall execute a written agreement with the Township in a form approved by the Township Attorney to ensure the payment of all fees, charges and expenses pursuant to this subsection. This agreement must be executed by the applicant and included as an attachment to the development application at the time of filing. The application for development shall not be deemed complete until this requirement is satisfied. In addition to all other enforcement remedies which are otherwise provided by law, the escrow agreement shall provide that the Township may record the escrow agreement as a lien upon the premises in the event of default on the part of the applicant. [Amended 12-29-1999]
C. Affordable housing development fees. [Added 6-9-2004[1]; amended 12-10-2008]
(1) Residential development fees. Residential development that is not subject to the growth share provisions of § 102-46.6 shall be subject to an affordable housing development fee as follows:
(a) One-half of 1% of the equalized assessed value (EAV) of each new residential dwelling unit or reconstructed dwelling unit on an existing foundation prior to the effective date of Ordinance 2008-17 (December 10, 2008).
(b) One and one-half percent of the equalized assessed value (EAV) of each new residential dwelling unit or reconstructed dwelling unit on an existing foundation, provided no increase in density is permitted after the effective date of Ordinance 2008-17 (December 10, 2008).
(c) If a "d" variance is granted pursuant to N.J.S.A. 40:55D-70d(5) in any residential district in the Township of Colts Neck, then the additional residential units realized above what is permitted by right under the existing zoning will incur a bonus development fee of 6% of the EAV rather than the development fee of 1/2 of 1% or 1 1/2%, as applicable. If the zoning on a site has changed during the two-year period preceding the filing of the "d" 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 "d" 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 1/2% of the equalized assessed value on the first two units and the specified higher percentage of 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.]
(d) Developers of sites zoned for inclusionary development in the Township's A-6 Zoning District (prior court approval of Westminster Realty Corporation v. Twp. of Colts Neck et al., Docket No. MON-L-2954-99 Mount Laurel) shall be required to make a payment to the Colts Neck Housing Trust Fund in lieu of the on-site construction of low- and moderate-income housing units. The payment will be calculated on the basis of the following two-step formula:
[1] The number of set-aside units is calculated pursuant to the following formula: Set-aside units = (approved dwelling units/0.85) (0.15) rounded to the nearest tenth.
[2] The developer is required to make a payment of $25,000 to the Township's Housing Trust Fund for each set-aside unit or fraction thereof.
(2) Residential development fees. 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, is demolished and replaced, or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.
(3) Nonresidential development fees within all zoning districts. Nonresidential developers, except for developers of the types of development specifically exempted, shall be subject to an affordable housing development fee of 2 1/2% of the equalized assessed value (EAV) of the land and improvements, for all new nonresidential construction as follows:
(a) Nonresidential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2 1/2% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.
(b) Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2 1/2% 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 improvement, at the time the 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.
(4) Eligible exaction, ineligible exaction and exemptions for nonresidential development. The following shall be exempt from payment of development fees pursuant to this subsection:
(a) The nonresidential portion of a mixed-use inclusionary or market rate development shall be subject to the development fee of 2 1/2% unless otherwise exempted below.
(b) The fee of 2 1/2% 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 Form N-RDF, the 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 of Colts Neck as a lien against the real property of the owner.
(5) Determination and collection of fees.
(a) 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.
(b) 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 churches or places of worship, or any nonprofit nonresidential developer as per the instructions provided in Form N-RDF. The Township Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
(c) The construction official responsible for the issuance of a building permit shall notify the Township Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.
(d) Within 90 days of receipt of that notice, the Township Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
(e) The Construction Official responsible for the issuance of a final certificate of occupancy notifies the Township Tax Assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
(f) Within 10 business days of a request for the scheduling of a final inspection, the Township Tax 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.
(g) Should the Township of Colts Neck 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 (N.J.S.A. 40:55D-8.6).
(h) 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 issuance of the building permit and that determined at issuance of the certificate of occupancy.
(i) Appeal of development fees.
[1] A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest-bearing escrow account by the Township of Colts Neck. 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, N.J.S.A. 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.
[2] 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 of Colts Neck. Appeals from a determination of the Director may be made to the State Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 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.
(6) Housing trust funds. There are hereby created four separate interest-bearing housing trust funds in a named bank or depository to be named by resolution by the Township Committee for the purpose of receiving development fees from residential and nonresidential developers and proceeds from the sale of units with extinguished controls. All development fees paid by developers pursuant to this article shall be deposited in one of these funds. No money shall be expended from the housing trust funds unless the expenditure conforms to a spending plan approved by COAH or the Court as applicable. The four housing trust fund accounts in which collected fees are to be deposited include the following:
(a) Nonresidential Housing Trust Fund (after July 17, 2008): includes nonresidential development fees collected after July 17, 2008, in accordance with P.L. 2008, Chapter 46 (N.J.S.A. 40:55D-8.4 et seq.).
(b) Residential Trust Fund (COAH Round 3): includes residential development fees collected in accordance with this article and COAH Round 3 regulations (N.J.S.A. 5:97), after the effective date of this Ordinance 2008-17 (December 10, 2008).
(c) Residential and Nonresidential Trust Fund (COAH Round 2): includes nonresidential development fees collected prior to July 17, 2008, and residential development fees collected prior to the effective date of this Ordinance 2008-17 (December 10, 2008) and developments subject to Round 2 regulations.
(d) Residential and Nonresidential Trust Fund (COAH Round 1): includes nonresidential development fees collected prior to July 17, 2008, and residential development fees collected prior to the effective date of this Ordinance 2008-17 (December 10, 2008) and developments subject to Round 1 regulations.
(7) Use of funds.
(a) The expenditure of all funds shall conform to a spending plan approved by COAH. Funds deposited in the Township housing trust fund may be used for any activity approved by COAH to address Colts Neck'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 5:97-8.9 and specified in the approved spending plan.
(b) Funds shall not be expended to reimburse Colts Neck for past housing activities.
(c) 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 Township Fair Share Plan. One-third (33.3%) 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.
[1] Affordability assistance programs may include down-payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments, and assistance with emergency repairs.
[2] 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 Colts Neck to bonus credits pursuant to N.J.A.C. 5:97-3.7.
[3] 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.
(d) Colts Neck 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.
(e) 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.
(8) Monitoring. Colts Neck shall complete and return to COAH all monitoring forms included in monitoring requirements related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with Colts Neck's housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH or approved by the court. All monitoring reports shall be completed on forms designed by COAH.
(9) Ongoing collection of fees. The ability for Colts Neck to impose, collect and expend development fees shall expire with its judgment of compliance unless Colts Neck 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 Colts Neck fails to renew its ability to impose and collect development fees prior to the expiration of judgment of compliance, it may be subject to forfeiture of any or all funds remaining within its housing trust fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund established pursuant to Section 20 of P.L.1985, c.222 (N.J.S.A. 52:27D-320). Colts Neck 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 Colts Neck retroactively impose a development fee on such a development. Colts Neck shall not expend development fees after the expiration of its substantive certification or judgment of compliance.
