Township of West Deptford, NJ Article IX Affordable Housing

§ 166-49 Provision of low- and moderate-income housing units.

[Added 4-21-1988 by Ord. No. 88-5; amended 6-3-2004 by Ord. No. 2004-15; 4-3-2014 by Ord. No. 2014-08[1]]

A. All new developments in R-4 and R-5 Residence Districts which include 20 or more dwelling units must be inclusionary developments as defined in § 166-6B herein.

B. All new units constructed in inclusionary developments shall include affordability controls in the form of a deed restriction or similar covenant acceptable to the Township, which shall restrict low- and moderate-income units to occupancy by income-qualified households, as described below, for a period of not less than 20 years.

C. The developer of an inclusionary development shall submit, for approval by the Planning Board, a program for the affirmative marketing, screening and selection of occupants of the low- and moderate-income units. This plan shall conform to the regulations of the New Jersey Council on Affordable Housing and shall at a minimum contain the following elements:

(1) Identification and marketing of units to representative groups operating in the Township and its housing region, to be initiated at least 90 days before issuance of temporary or permanent certificates of occupancy.

(2) For initial occupancy and until such time as 50% of the units have been rented or sold, no more than 50% of the units shall be made available to individuals currently residing or working in West Deptford Township. After the first 50% of the units are allocated, all remaining income legible applicants shall be pooled and offered contracts.

(3) Within each round, random section of eligible applicants shall prevail.

(4) No more than 50% of the units in any single structure shall be reserved for low- and moderate-income households.

D. The cumulative total of all low- and moderate-income units which are restricted by minimum age of adults may not exceed 20% of the Township's fair share obligation, as determined by the Housing Element of the Master Plan.

E. Affordability.

(1) To the greatest extent practicable, the average price of low- and moderate-income units shall be affordable to households with an annual income equal to 57.5% of the regional median, assuming a standard of 28% of qualified income for purchased housing and 30% for rental housing.

(2) To the greatest extent practicable, the range of affordability for purchased housing shall conform to the following schedule for every 20 low- and moderate-income units:

(a) One unit between 40% and 42.5% of the median.

(b) Three units between 42.6% and 47.5% of the median.

(c) Six units between 47.6% and 50% of the median.

(d) One unit between 50.1% and 57.5% of the median.

(e) One unit between 57.6% and 64.5% of the median.

(f) One unit between 64.6% and 68.5% of the median.

(g) One unit between 68.6% and 72.5% of the median.

(h) Two units between 72.6% and 77.5% of the median.

(i) Four units between 77.6% and 80% of the median.

(3) For initial occupancy, priority shall be given to households within a particular income category, with flexibility within a particular income category based on affordability controls criteria of the New Jersey Housing and Mortgage Finance Agency.

F. At least 35% of all low- and moderate-income must be two-bedroom units. At least 15% must be three-bedroom units. No more than 20% may be efficiencies.

G. In inclusionary development projects, no low- and moderate-income units need to be provided until the first 25% of the total project is completed. Thereafter, 10% of the low- and moderate-income units must be provided before the next market-priced unit is built.

Milestones are set for parity of low/moderate units with the total job at 50% and 75% of completion, but all low-/moderate-income units must be built when the job is 90% complete.

H. No more than 50% of the units in any single multiunit structure shall be reserved for low- and moderate-income households unless this requirement is specifically waived by the Planning Board as a condition of site plan approval. Regardless of whether this requirement is waived as to any specific structure, it is the intent of this section that low- and moderate-income units shall be evenly dispersed throughout the entire development in as uniform a fashion as is practical.

I. Housing trust fund. There is hereby created an interest-bearing housing trust fund in a bank to be approved by the court or COAH for the purpose of receiving development fees from residential and nonresidential developers. All development fees paid by developers pursuant to this subsection shall be deposited into this fund. No money shall be expended from the housing trust fund unless the expenditure conforms to a spending plan approved by COAH or a court of competent jurisdiction.

(1) Use of funds.

(a) Money deposited in a housing trust fund may be used for any activity approved by the court or COAH for addressing West Deptford Township's low- and moderate-income housing obligation. Such activities may include, but are not necessarily limited to: housing rehabilitation, new construction, regional contribution agreements, the purchase of land for low- and moderate-income housing, extensions and/or improvements of roads and infrastructure to low- and moderate-income housing sites, assistance designed to render units more affordable to low- and moderate-income households and administrative costs necessary to implement West Deptford Township's housing element. The expenditure of all money shall conform to a spending plan approved by COAH or a court of competent jurisdiction.

(b) No more than 20% of the revenues shall be expended on administrative costs necessary to develop, revise or implement the housing element. Examples of eligible administrative activities include: personnel, consultant services, space costs, consumable supplies and rental or purchase of equipment.

[1] Editor's Note: See also § 166-15.2, Mixed-Use (MU) Zoning District.

§ 166-50 Growth share regulations.

[Added 7-6-2006 by Ord. No. 2006-16; amended 4-3-2014 by Ord. No. 2014-08]

A. Applicability.

(1) Fair share. This section of the Zoning Ordinance of the Township of West Deptford sets forth the mechanism by which developers shall provide for a fair share of affordable housing based on growth that is associated with residential and nonresidential development taking place within the Township of West Deptford ("Township").

(2) Plan. All development applications submitted under Chapter 102, 143, 166, or any other chapter of the Code of the Township requiring affordable housing, shall submit an affordable housing plan at the time a development application is made specifying how satisfaction of the obligation will be achieved.

(3) Residential development. Except as exempted in § 166-50B, all residential development in the R-1 Rural Residence, R-2 Suburban Residence, R-3 Residence, and R-6 Residence Districts, and the M-4 Residential Manufacturing Districts,[1] that results in an increase in new market-rate dwelling units in accordance with N.J.A.C. 5:94-1 et seq.,[2] shall be subject to the "growth share" provisions of this section.

[1] Editor's Note: So in original.

[2] Editor's Note: Provisions are no longer in effect.

(4) Nonresidential development. Except as exempted in § 166-50B, all nonresidential development, and all nonresidential development that results in an increase in gross floor area of any existing nonresidential structure or the construction of a new nonresidential structure in accordance with N.J.A.C. 5:94-1 et seq.,[3] shall be subject to the "growth share" provisions of this section.

[3] Editor's Note: Provisions are no longer in effect.

B. Exemptions.

(1) Developments that received preliminary or final approval from the Planning Board and/or Zoning Board of Adjustment, as applicable, prior to the effective date of this section.[4]

[4] Editor's Note: Ord. No. 2006-16 codified herein was adopted 7-6-2006.

(2) Residential developments that have been zoned to produce a substantial affordable housing set aside or that include only low- and moderate-income housing units shall be exempt from the growth share obligations of this section.

(3) Any redevelopment zone duly designed in the Township by the Township Committee may be exempted from the growth share obligations of this section by a majority vote of the Township Committee.

C. Residential growth share provisions.

(1) All residential development which results in the construction of new market-rate dwelling units in the R-1 Rural Residence, R-2 Suburban Residence, R-3 Residence, and R-6 Residence Districts and M-4 Residential Manufacturing Districts[5] shall provide one affordable unit on site for every eight market rate units constructed.

[5] Editor's Note: So in original.

(2) For developments that result in a number of market-rate residential units not evenly divisible by eight, the developer shall make a payment in lieu of constructing the proportionate fraction of the affordable housing unit required. The amount of said payment shall be established by dividing the number of market-rate units by eight and multiplying the resulting fraction by $39,539.

(3) As an alternative to fulfilling the affordable housing requirements set forth in subsection above, developers may elect to construct an affordable housing unit elsewhere within the Township, or purchase an existing market-rate home, and deed to the Township, or other entity approved by the Township, provided compliance with all applicable code standards, or, in the alternative, undertake the gut rehabilitation of an existing residential unit elsewhere within the Township in accordance with the Township's Reconstruction (gut rehabilitation) Program, which shall comply with applicable COAH rules at N.J.A.C. 5:94-1 et seq.,[6] and deed to the Township or other entity approved by the Township.

[6] Editor's Note: Provisions are no longer in effect.

D. Nonresidential growth share provisions.

(1) All nonresidential development in the Township that results in an increase in gross floor area of any existing nonresidential building or the construction of new nonresidential building shall provide one affordable unit for every 25 jobs that result from the application of standards adopted by COAH (presently found in Appendix E of N.J.A.C. 5:94-1 et seq.) and based on use groups, as defined by the International Building Code (IBC), which has been incorporated by reference into the Uniform Construction Code (UCC).[7]'

[7] Editor's Note: See Ch. 78, Construction Code, Uniform.

(2) Except as set forth in Subsection D(3) below, nonresidential developers shall construct an affordable home elsewhere in the Township, or purchase an existing market-rate residential unit within the Township and deed to the Township, or other entity approved by the Township, provided compliance with all applicable code standards, or, in the alternative, undertake gut rehabilitation of an existing residential unit elsewhere within the Township in accordance with the Township's Reconstruction (gut rehabilitation) Program, which shall comply with applicable COAH rules at N.J.A.C. 5:94-1 et seq.,[8] and deed to the Township or other entity approved by the Township.

[8] Editor's Note: Provisions are no longer in effect.

(3) For developments that result in a number of jobs not evenly divisible by 25, the developer shall make a payment in lieu of constructing the proportionate fraction of the affordable housing unit required. The amount of said payment shall be established by subtracting any whole multiples of 25 from the number of jobs being created, dividing any remaining number of jobs by 25, and multiplying the resulting fraction by $39,539.

(4) All nonresidential development in the Township that creates less than 25 jobs shall make a payment in lieu of constructing the proportionate fraction of the affordable housing unit required. The amount of said payment shall be established by dividing the number of jobs by 25, and multiplying the resulting fraction by $39,539.

E. General provisions for constructing affordable units.

(1) Affordable housing units being constructed on site shall meet the requirements of this section, and shall be in conformance with COAH's third round rules at N.J.A.C. 5:94-1 et seq.[9] and the Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq., including, but not limited to, requirements regarding phasing schedule, controls on affordability, low-/moderate-income split, heating source, maximum rent and/or sales prices, affordability average, bedroom distribution and affirmative marketing.

[9] Editor's Note: Provisions are no longer in effect.

(2) To the greatest extent possible, affordable housing units being provided within inclusionary developments shall be disbursed throughout inclusionary developments and shall be located within buildings designed to be architecturally indistinguishable from the market-rate units otherwise being constructed within the development. To that end, the scale, massing, roof pitch and architectural detailing (such as the selection of exterior materials, doors, windows, etc.) of the buildings containing the affordable housing units shall be similar to and compatible with that of the market-rate units.

F. Payment-in-lieu provisions.

(1) Any payment in lieu amount shall be derived from the analysis of the subsidy required to create an affordable housing unit in the Township, which analysis shall be on file in the office of the Township Clerk.

(2) All payments in lieu of constructing affordable housing shall be deposited by the Township into an affordable housing trust fund to be established by the Township in conformance with regulations established by COAH, and shall at all times be identifiable from development fees. These funds shall be used by the Township in accordance with regulations established by COAH to create new affordable housing opportunities within the physical boundaries of the Township.

§ 166-51 Affordable housing development fees.

[Added 1-15-2009 by Ord. No. 2008-17; amended 2-5-2009 by Ord. No. 2009-01; 4-3-2014 by Ord. No. 2014-08]

A. Purpose.

(1) In Holmdel Builder's Association V. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.

(2) Pursuant to P.L. 2008, c. 46 section 8 (N.J.S.A. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (N.J.S.A. 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]

[1] Editor's Note: Provisions are no longer in effect.

B. Basic requirements.

(1) This section shall not be effective until approved by COAH pursuant to N.J.A.C. 5:96-5.1.[2]

[2] Editor's Note: Provisions are no longer in effect.

(2) West Deptford Township shall not spend development fees until COAH has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.[3]

[3] Editor's Note: Provisions are no longer in effect.

C. Definitions.

(1) The following terms, as used in this section, shall have the following meanings:

AFFORDABLE HOUSING DEVELOPMENT

A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development.

COAH or THE COUNCIL

The New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the state.

DEVELOPER

The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT FEE

Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.[4]

EQUALIZED ASSESSED VALUE

The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 35c).

GREEN BUILDING STRATEGIES

Those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.

[4] Editor's Note: Provisions are no longer in effect.

D. Residential development fees.

(1) Imposed fees.

(a) Within all residential zoning district(s), residential developers, except for developers of the types of development specifically exempted below, 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% 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, 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.

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

E. Nonresidential development fees.

(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 improvement, 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 Non-Residential 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[5] 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.

[5] Editor's Note: See N.J.S.A. 52:27D-329.1 et seq.

(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 Township of West Deptford as a lien against the real property of the owner.

F. Collection procedures.

(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 Non-Residential Development Certification/Exemption" to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The Construction Official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.

(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 10 business days of a request for the scheduling of a final inspection, the Municipal Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.

(7) Should West Deptford Township fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of Section 37 of P.L. 2008, c. 46 (N.J.S.A. 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 of West Deptford. 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.

(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 of West Deptford. 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, 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.

G. Affordable housing trust fund.

(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 of West Deptford's affordable housing program.

(3) Within seven days from the opening of the trust fund account, the Township of West Deptford 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).[6]

[6] Editor's Note: Provisions are no longer in effect.

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

H. Use of funds.

(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 of West Deptford's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through 8.9[7] and specified in the approved spending plan.

[7] Editor's Note: Provisions are no longer in effect.

(2) Funds shall not be expended to reimburse the Township of West Deptford 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 of West Deptford to bonus credits pursuant to N.J.A.C. 5:97-3.7.[8]

[8] Editor's Note: Provisions are no longer in effect.

(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 of West Deptford 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.[9]

[9] Editor's Note: Provisions are no longer in effect.

(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.

I. Monitoring.

(1) The Township of West Deptford shall complete and return to COAH all monitoring forms included in monitoring requirements related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with the Township of West Deptford's housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH. All monitoring reports shall be completed on forms designed by COAH.

J. Ongoing collection of fees.

(1) The ability for the Township of West Deptford to impose, collect and expend development fees shall expire with its judgment of compliance unless the Township of West Deptford has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification, and has received COAH's approval of its development fee ordinance. If the Township of West Deptford 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 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 (N.J.S.A. 52:27D-320). The Township of West Deptford shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its judgment of compliance, nor shall the Township of West Deptford retroactively impose a development fee on such a development. The Township of West Deptford shall not expend development fees after the expiration of its judgment of compliance.