1. A respondent who prevails in an action brought pursuant to section 5 of P.L.1998, c.48 (C.4:1C-10.1) because the commercial agricultural operation, activity, or structure is found to be entitled to the irrebuttable presumption established in section 7 of P.L.1983, c.31 (C.4:1C-10) shall be awarded reasonable costs and attorney fees to be paid by the complainant upon a determination supported by a preponderance of the evidence that the complaint was brought in bad faith.
A respondent seeking an award under this section shall submit an application to the county board or committee detailing the costs and attorney fees incurred in the defense of the complaint. If the county board or committee finds that a preponderance of the evidence supports a determination that the complaint was brought in bad faith, the county board or committee shall determine if the costs and attorney fees, or a portion thereof, are reasonable and shall issue an order requiring the complainant to pay the reasonable costs and attorney fees.