[Amended 2-5-1975 by Ord. No. 2-1975; 1-31-1977 by Ord. No.
1-1977; 9-8-1978 by Ord. No. 19-1978; 5-30-1979 by Ord. No.
8-1979; 5-2-1980 by Ord. No. 12-1980; 7-1-1981 by Ord. No.
12-1981; 6-17-1983 by Ord. No. 11-1983; 3-16-1984 by Ord. No.
4-1984; 8-17-1984 by Ord. No. 14-1984; 9-6-1990 by Ord. No.
10-1990]
A.
Fees and escrows generally.
(1)
This section of Chapter 190 of the Code of the Township of Pemberton ("Code") includes fees and escrow sums required in connection with any application under this chapter. Fees as outlined below are designed to cover the administrative costs incurred by the Township in processing applications. The fees are nonrefundable, unless specifically authorized by resolution of governing body upon good cause shown.
(2)
In addition to the application fees, the applicant
shall be required to establish one or more escrow accounts with the
Township to cover professional and expert review and consultation
fees and services, including testimony and meeting attendance associated
with the processing of the application. The Schedule of Fees and Escrow
Sums shall be posted in the office of the Planning and Zoning Boards
and such other place as the reviewing agency directs.
B.
General provisions.
(1)
Escrow sums shall be required for all applications
for approval or waiver of site plans, subdivisions, conditional uses,
variances and appeals which come before either the Zoning Board of
Adjustment or the Planning Board, as outlined below.
(2)
At the time of submitting an application to the Planning
and Zoning Board Office for site plan or subdivision review before
either the Zoning Board of Adjustment or the Planning Board, the applicant
shall be required to make a deposit to the escrow account as hereinafter
provided and execute an escrow agreement. The escrow agreement shall
be in a form approved by the Planning Board Attorney or Attorney for
the Zoning Board of Adjustment. All fees and escrow deposits must
be paid prior to certification by the Planning and Zoning Board Office
that the application is complete. In the event that the amounts required
to be posted by this section are not sufficient to cover the Township's
professional charges associated with this application, the Planning
Board or the Zoning Board of Adjustment shall notify the applicant
of any required additional escrow funds pursuant to the escrow agreement.
(3)
Following approval of a major subdivision or site
plan and prior to commencement of construction, the applicant shall
be required to make further deposits to provide sufficient escrow
to pay for anticipated inspection fees and any anticipated additional
professional review services.
(4)
The Planning and Zoning Board Office shall review
monthly the balance of all escrow accounts and determine whether additional
funds are required as provided hereinafter. In the event that additional
funds are required, it shall be the obligation of the Planning and
Zoning Board Office to notify the applicant of the amounts required
as additional escrow, and in the event that the additional fees are
not paid, the professionals and consultants employed by the Boards
shall take no further action on the application until such time as
the additional escrow fees have been paid.
C.
Replenishment of escrow balance. The escrow associated
with each application shall e replenished whenever the original escrow
is reduced by charges against the account to 35% or less than the
original amount. The Planning and Zoning Board Office shall notify
the applicant of the requirement to replenish the escrow, and the
applicant shall be requested to deposit up to 35% of the original
escrow amount. No further consideration, review, processing or inspection
shall be performed by or on behalf of the Board until the additional
escrow has been paid.
D.
Accounting of fees.
(1)
In the event that any applicant desires an account
of the expenses or fees paid by him for professional review, he shall
request such in a letter directed to the Planning and Zoning Board
Office. The applicant shall be responsible for any costs incurred
by the Planning Board or Zoning Board of Adjustment in having its
professional and administrative staff prepare an accounting of the
fees expended.
(2)
In the event that the applicant believes the fee charged
to be unreasonable, the Planning Board or Zoning Board of Adjustment
shall hear and decide at a public hearing whether such fees are reasonable,
and the applicant may appeal the decision of the Planning Board or
Zoning Board of Adjustment to the Township Council, provided that
the applicant shall provide the Council with the portion of the transcript
of the Planning Board or Zoning Board of Adjustment hearing on the
fees, at the applicant's cost, and the appeal in accordance with the
provisions of N.J.S.A. 40:55D-17.
[Amended 3-16-2022 by Ord. No. 8-2022]
E.
Use and return of escrow balance.
(1)
The review agency engineer, planning consultant or
review agency attorney and any other professional engaged by the Board
as experts in connection with the application shall submit vouchers
for all fees for examination review or testimony to the approving
agency for approval, after which the bills shall be forwarded to the
Township and shall be paid in the ordinary manner.
(2)
Whenever an amount of money in excess of $5,000 is
deposited by an applicant, the escrow shall be deposited in a state-approved
depository, and the account shall be administered in accordance with
N.J.S.A. 40:55D-53.1. All amounts less than $5,000 shall be held in
a single bank account established for technical review fee escrow,
but the Township shall maintain individual accounting for escrow fees
associated with each separate application.
(3)
Within 45 days of the Board's adoption of a resolution
memorializing its approval or denial of an application for development
or an appeal, the Township professionals shall submit final vouchers
for services performed in connection with the application or appeal
to the reviewing agency for approval and payment. If any money deposited
in the escrow account is unexpended upon completion of the project
and satisfactory completion of the maintenance period, if any, or
phased section, in the case of sectionalized application, said amount
shall be returned to the applicant or, at the developer's request,
applied to the next phase. Release of the unencumbered escrow balance
shall be initialed upon receipt of a formal written request by the
applicant.
F.
Schedule of Fees and Escrow Sums.
(4)
Preliminary major subdivision.
(a)
Application fee: $100, plus $20 per lot.
(b)
Escrow deposit: $1,050, plus $75 per lot.
[Amended 3-15-2017 by Ord. No. 9-2017]
(c)
Inspection escrow, site improvements: at the
rate of 6% of engineer's estimated costs of improvements; shall be
paid at the time preliminary approval is granted and prior to commencement
of construction. Applicant or his agent will notify the engineer,
in writing, 48 hours prior to the start of any construction work.
(5)
Final major subdivision.
(a)
Application fee: $100, plus $10 per lot.
(b)
Escrow deposit: $550, plus $25 per lot.
[Amended 3-15-2017 by Ord. No. 9-2017]
(c)
Inspection escrow, site improvements: at the
rate of 6% of engineer's estimated costs of improvements; shall be
paid at the time final approval is granted prior to commencement of
construction. Applicant or his agent will notify the engineer, in
writing, 48 hours prior to the start of any construction work.
(d)
Certificate of occupancy; performance guaranty.
A certificate of occupancy shall not be issued until all the required
improvements have been installed and approved and are functioning
properly for that building or portion of a building for which the
certificate of occupancy is requested in accordance with the provisions
of this chapter, nor shall any certificate of occupancy be issued
for any building or portion of a building where other improvements
remain to be constructed elsewhere, on or off the site, in order to
complete the entire project until a performance guaranty acceptable
to the governing body, in a form approved by the Township Attorney,
in an amount not to exceed 120% of the costs to complete all remaining
improvements within one year, is in hand, the cost for or completion
to be determined by the Township Engineer. The Township Council may
require a maintenance guaranty for any or all off-site improvements
for a period not to exceed two years and in an amount not to exceed
15% of the cost of the improvement.
[Amended 3-16-2022 by Ord. No. 8-2022]
(8)
Final major site plan.
(a)
Application fee: $200.
(b)
Escrow deposit: $800, plus $20 per acre.
[Amended 3-15-2017 by Ord. No. 9-2017]
(c)
Certificate of occupancy; performance guaranty.
A certificate of occupancy shall not be issued until all the required
improvements have been installed and approved and are functioning
properly for that building or portion of a building for which the
certificate of occupancy is requested in accordance with the provisions
of this chapter, nor shall any certificate of occupancy be issued
for any building or portion of a building where other improvements
remain to be constructed elsewhere, on or off the site, in order to
complete the entire project until a performance guaranty acceptable
to the governing body, in a form approved by the Township Attorney,
in an amount not to exceed 120% of the costs to complete all remaining
improvements within one year is in hand, the cost for or completion
to be determined by the Township Engineer. The Township Council may
require a maintenance guaranty for any or all off-site improvements
for a period not to exceed two years and in an amount not to exceed
15% of the cost of the improvement.
[Amended 3-16-2022 by Ord. No. 8-2022]
(9)
Revised site plan or subdivision. The applicant will
be required, for any filing not requiring a new application, to post
an additional escrow deposit in the amount of $350.
[Amended 3-15-2017 by Ord. No. 9-2017]
(10)
Requests for extensions of approvals.
(17)
Inspection escrow. Equivalent to 6% of the performance
bond as calculated by the reviewing board's engineer; shall be posted
prior to construction of an on- or off-site improvement.
(18)
Waiver. The reviewing agency shall have the
power in appropriate cases to compromise or waive the escrow sums
required in this section where an applicant shall present to the reviewing
board sufficient proof acceptable to said board that the cost incurred
by the Township would not necessitate the posting of the specified
sums.
(19)
Copy of a decision of the governing body to
an interested party in connection with an appeal: actual cost of photocopies
and mailing.
(20)
Filing of easement. Twenty-five dollars per
easement document (sight, right-of-way, conservation, drainage, etc.).
The fees for easements shall be paid prior to the signing of deeds
and/or plats for a development application.
(21)
Tax Map amendment. The applicant will be responsible
for paying all reasonable charges incurred by the Township Engineer
in amending the Tax Map.
(22)
Litigation fees. Where as a result of a failure
of an applicant to pay escrow fees as set forth in this section the
Township is required to institute suit to collect said fees from the
applicant, the applicant shall be liable to the municipality for both
the payment of the escrow fees due and of reasonable attorney's fees
and costs of suit incurred by the municipality in the collection of
said fees.
(23)
Fees of professionals employed by the Township
shall be those determined annually by a professional service agreement
with the reviewing agency.
(24)
Inspection escrow, site improvements. At the
rate of 6% of engineer's estimated costs of improvements; shall be
paid at the time final approval is granted and prior to commencement
of construction. Applicant or his agent will notify the engineer,
in writing, 48 hours prior to the start of any construction work.
(25)
The actual costs of publication in a newspaper
of a decision of the Planning Board or the Zoning Board of Adjustment
as required by applicable law shall be charged to the applicant's
escrow deposit.
[Amended 3-15-2017 by Ord. No. 9-2017]
(26)
Appeals of use variance approvals to the governing
body.
(a)
Application fee: $75.
[Amended 3-15-2017 by Ord. No. 9-2017]
(27)
Transcripts.
(a)
On appeal of a Zoning Board decision to the
governing body, appellant shall pay a deposit of $50 or the estimated
cost of a transcript, whichever is less.
(b)
On appeal to Superior Court where a transcript
of a municipal agency is required, applicant shall pay a transcript
fee of $100 and shall further be responsible for the balance of the
cost of the transcript before said transcript is delivered to applicant.
(28)
Forestry. Application and administrative fees shall be in accordance with § 190-50E(4) and (5).
[Amended 4-3-1997 by Ord. No. 1-1997]
[Amended 4-19-2023 by Ord. No. 19-2023]
If an applicant desires a certified court reporter,
the cost of taking testimony and transcribing it and providing a copy
of the transcript to the Township shall be at the sole expense of
the applicant, who shall also arrange for the reporter's attendance.
