§ 63-10. Ongoing collection of fees.

The ability for Upper Saddle River to impose, collect and expend development fees shall expire with its substantive certification unless Upper Saddle River 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 Upper Saddle River fails to renew its ability to impose and collect development fees prior to the expiration of 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 (N.J.S.A. 52:27D-320). Upper Saddle River 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 Upper Saddle River retroactively impose a development fee on such a development. Upper Saddle River shall not expend development fees after the expiration of its substantive certification or judgment of compliance.