[Amended 9-5-2017 by Ord.
No. 2017-04]
A.
Township Engineer.
(1)
It shall be the duty of the Township Engineer to monitor all
land disturbances and all land improvements undertaken in the Township
pursuant to approval of a subdivision and/or site plan in accordance
with the applicable provisions of this chapter.
(2)
Prior to the commencement of any land disturbance or any land
improvement, the developer shall arrange for and attend a preconstruction
meeting with the Township Engineer. At said meeting, the subject subdivision
plat and/or site plan shall be identified, marked and dated by the
Township Engineer with an acknowledgment as to its conformity to the
subdivision and/or site plan approved by the Planning Board or Zoning
Board of Adjustment, as the case may be, including any conditions
of approval written in the approval resolution. Thereafter, the marked
and dated subdivision and/or site plan shall be filed in the office
of the Township Clerk.
(3)
Written communication.
(a)
The Township Engineer shall issue a written communication to
the developer within 10 days after the preconstruction meeting, either:
[1]
Authorizing the commencement of land disturbance and/or land
improvement in accordance with the approved plat or plan, including
any conditions of approval written in the approval resolution and
in accordance with any and all limitations and/or conditions as deemed
appropriate by the Township Engineer specifically enumerated; or
[2]
Denying the commencement of land disturbance and/or land improvement,
with the reasons for such denial specifically enumerated.
(b)
A copy of the written communication shall be immediately filed
in the office of the Township Clerk, and additional copies shall be
immediately forwarded to the Chairman of the Planning Board or to
the Chairman of the Zoning Board of Adjustment, as the case may be,
and to the Board's Attorney.
(4)
In accordance with § 170-73 of this chapter, all improvements for both site plans and subdivisions shall be inspected during the time of their installation under the supervision of the Township Engineer. At the time of inspection, in addition to an evaluation and determination of the sufficiency of the engineering aspects of the improvements, the Township Engineer shall evaluate and determine the correctness of the improvements relative to all aspects of the approved subdivision and/or site plan. Should any improvement, whether completed or under construction, be found by the Township Engineer to be contrary to the subdivision and/or site plan as approved by the Planning Board or Zoning Board of Adjustment, including any imposed conditions, such fact shall immediately be orally communicated to the developer or his/her appropriate representative on-site and, thereafter, shall be communicated by the Township Engineer, in writing, to the developer or his/her attorney.
(5)
A copy of the written communication shall be immediately filed
in the office of the Township Clerk, and additional copies shall be
immediately forwarded to the Chairman of the Planning Board or to
the Chairman of the Zoning Board of Adjustment, as the case may be,
and to the Board's Attorney.
(6)
On the day following the oral communication to the developer
or his/her representative, the improvement found by the Township Engineer
to be contrary to the subdivision and/or site plan shall be corrected
so as to conform to the approved subdivision and/or site plan or the
Township Engineer shall:
(a)
Issue a stop-work order pending the correction of said improvement
or the resolution of any dispute; and/or
(b)
Refer the matter via a written communication to the Planning
Board or Zoning Board of Adjustment, as the case may be, for its review
of the matter and reconsideration of its prior approvals.
(7)
The developer immediately shall comply with any issued stop-work
order and/or any other conditions imposed by the Township Engineer;
otherwise the Township Engineer shall communicate, in writing, within
two working days, the particulars of the developer's noncompliance
to the Attorney of the Planning Board or to the Attorney of the Zoning
Board of Adjustment, as the case may be.
B.
Construction Official.
(1)
It shall be the duty of the Construction Official to monitor the construction of any building or structure in the Township. No new structure and no improvement to the interior of any existing structure shall be undertaken until a construction permit is obtained from the Construction Official in accordance with N.J.A.C. 5:23-2.14 and Subsection D of this section.
(2)
It shall be the duty of the Construction Official, in accordance
with N.J.A.C. 5:23-4.5, to keep a record of all applications and all
construction permits which are either issued or denied, with notations
of any conditions involved, including the actual elevation (National
Geodetic Vertical Datum) of the lowest floor area of any structure
and/or the elevation to which a structure has been floodproofed in
floodplain areas, which data shall form a part of the Township public
records. A monthly report of construction permits shall be filed with
the Township Committee, and continuous reports of construction permits
shall be filed with the Tax Assessor.
(3)
Should any construction, whether completed or in process, be
found by the Construction Official to be contrary to the approved
construction plans and/or the Uniform Construction Code of the State
of New Jersey, such fact shall Immediately be noticed to the landowner
or his/her appropriate representative on-site. The Construction Official
shall issue, in writing, to the landowner or his/her attorney a notice
of violation and orders to terminate, directing the discontinuance
of the illegal action or condition and the correction of the violation
pursuant to N.J.A.C. 5:23-2.30.
(4)
A copy of the written communication shall be immediately filed
in the office of the Township Clerk, and additional copies shall be
immediately forwarded to the Mayor and to the Township Attorney.
(5)
The construction improvement found by the Construction Officer
to be contrary to the approved construction plans and/or the Uniform
Construction Code shall be corrected so as to conform to the applicable
construction requirements, or the Construction Official shall, pursuant
to N.J.A.C. 5:23-2.31:
(6)
The landowner immediately shall comply with any issued stop-construction
order and/or any other conditions imposed by the Construction Official;
otherwise, the Construction Official may communicate, in writing,
the particulars of the landowner's noncompliance to the Township Attorney
pursuant to N.J.A.C. 5:23-2.31.
C.
Zoning Officer.
(1)
It shall be the duty of the Zoning Officer to inspect the uses,
land and structures in the Township and order the owner, in writing,
to remedy any condition found to exist in violation of any provision
of this chapter and/or any approved subdivision and/or site plan by
the Planning Board or Zoning Board of Adjustment, as the case may
be, including any conditions of approval written in the approval resolution;
no structure or land shall be used in violation of this chapter and/or
any approved subdivision and/or site plan.
(2)
Should any use, land or structure be found by the Zoning Officer
to exist in violation of any provision of this chapter and/or any
approved subdivision and/or site plan, such fact shall immediately
be orally communicated to the landowner or his/her appropriate representative
on-site and, thereafter, shall be communicated by the Zoning Officer,
in writing, to the landowner or his/her attorney.
(3)
A copy of the written communication shall be immediately filed
in the office of the Township Clerk, and additional copies shall be
immediately forwarded to the Township Attorney and to the Chairman
of the Planning Board or to the Chairman of the Zoning Board of Adjustment,
as the case may be, and to the Board's Attorney.
(4)
On the day following the oral communication to the landowner
or his/her representative, the use, land or structure found by the
Zoning Officer to exist in violation of any provision of this chapter
and/or any approved subdivision and/or site plan shall be corrected
so as to conform to this chapter and any subdivision and/or site plan
approval, or the Construction Official, at the Zoning Officer's request,
may revoke the certificate of occupancy and, in any case, shall notify
the Township Attorney and the Township Engineer of the violation via
a written communication.
D.
Construction permits.
(1)
Every application for a construction permit shall be accompanied
by two sets of plans drawn in ink or a blueprint showing the actual
shape and dimensions of the lot to be built upon; the exact location,
size and height of all existing and proposed structures and substructures;
all existing easements; a delineation and description of any proposed
extensions of public utilities; the existing or intended use of each
structure; the number of dwelling units the structure is designed
to accommodate; the number and location of off-street parking spaces
and off-street loading areas; and such other information with regard
to the lot and neighboring lots as may be necessary to determine and
provide for the enforcement of this chapter. Additionally, all requirements
for construction permits contained in the Uniform Construction Code
(N.J.A.C. 5:23-2.15) shall be met. All dimensions on these plans relating
to the location and size of the lot to be built upon shall be based
on an actual survey of the lot by a licensed surveyor in the State
of New Jersey.
(2)
The fee for each construction permit shall be governed by the
terms of the ordinance entitled "An Ordinance of the Township of Quinton,
the County of Salem, establishing a State Uniform Construction Code
Enforcing Agency and a Construction Fee Schedule, pursuant to Chapter
217, Laws of New Jersey 1975[1] and Title 5, Chapter 23 of the New Jersey Administrative
Code, including any amendments or supplements which may from time
to time be adopted.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
(3)
A construction permit shall be granted or denied, in writing,
within 20 working days of a complete application unless additional
time is agreed upon, in writing, by the applicant. One copy of such
plans shall be returned to the owner when such plans have been approved
or denied by the Construction Official, together with such permit
as may be granted.
(4)
The lot and the location of the structures thereon shall be
staked out on the grounds before construction is started, and a copy
of the construction permit shall be posted conspicuously on the premises
affected whenever construction work is being performed thereon. Additionally,
all other requirements for construction permit procedures set forth
in the Uniform Construction Code at N.J.A.C. 5:23-2.16 shall be met.
(5)
No construction permit shall be issued for any structure until
prior site plan, subdivision and variance approvals, as may be necessary,
have been granted by the appropriate federal, state, county or municipal
agency or agencies in accordance with the provisions of this chapter
and until all review and inspection fees and all local taxes and assessments
on the property have been paid.
(6)
Additionally, any proposed extensions of public utilities shall
be reviewed and approved by the Township Engineer prior to the issuance
of a construction permit, and a written communication of the results
of such reviews and a statement of approval or denial shall be provided
by the Township Engineer to the Construction Official; the application
for the construction permit shall be accompanied by an additional
fee of $500 for such a review when applicable.
E.
Certificates of occupancy; fees.
(1)
It shall be unlawful to use or permit the use of any structure
or part(s) thereof until a certificate of occupancy shall have been
issued by the Construction Official pursuant to N.J.A.C. 5:23-2.33.
Any change of use from one category of permitted use to another category
of permitted use shall require a new certificate of occupancy.
(2)
Additionally, any use requiring site plan approval shall require
a new certificate of occupancy. It shall be the duty of the Construction
Official to issue a certificate of occupancy only when:
(a)
The structure or part(s) thereof and the proposed use conform
to this chapter and all other applicable codes and ordinances of the
Township;
(b)
Prior site plan, subdivision and variance approvals, as may
be necessary, have been granted by the appropriate municipal agency
or municipal agencies in accordance with the provisions of this chapter;
(c)
All local taxes and assessments on the property have been paid;
and
(d)
A letter from each utility company has been received by the
Township stating that the utility has been installed and has been
inspected in accordance with the approved plan and is ready for use.
(3)
The fee for a certificate of occupancy shall be in the amount
of 10% of the new construction permit fee which would be charged by
the department pursuant to these regulations. The minimum fee shall
be $65, except for one- or two-family (use group R-3 of the building
subcode) structures of less than 5,000 square feet in area and less
than 30 feet in height and/or structures on farms used exclusively
for the storage of food or grain or the sheltering of livestock; in
such cases the minimum fee shall be $35.
(4)
Unless additional time is agreed upon by the applicant, in writing,
a certificate of occupancy shall be granted or denied, in writing,
within 10 working days from the date that a written notification and
a certified location or field survey, signed and sealed by a New Jersey
state-licensed surveyor, is filed with the Construction Official stipulating
that the erection of the structure and all required site improvements
are completed pursuant to N.J.A.C. 5:23-2.23 and 5:23-2.24.
(5)
With respect to any finally approved subdivision and/or site
plan or subsection thereof, a certificate of occupancy shall be issued
only upon the written confirmation by the Township Engineer to the
Construction Official of the completion of the following improvements
as such improvements may be required as part of subdivision and or
site plan approval:
(a)
Curbs.
(b)
All utilities.
(c)
Water supply and sewerage treatment facilities, which shall
be functioning and servicing the property in question.
(d)
Storm drainage facilities.
(e)
Final grading of the property.
(f)
Base course (in the case of subdivisions) or final course (in
the case of site plans) of the street or streets serving the property.
(g)
Base course (in the case of subdivisions) or final course (in
the case of site plans) of driveways and parking areas.
(h)
Landscaping.
(i)
Any other improvements required as part of subdivision and/or
site plan approval.
(6)
With respect to any individual residential lot within a subdivision or any building containing townhouses or apartments, a certificate of occupancy shall be issued only upon the written confirmation by the Township Engineer to the Construction Official of the completion of the following improvements, in addition to those listed in Subsection E(5) hereinabove, to the extent the same are required as part of a subdivision and/or site plan approval:
(7)
A copy of any issued certificate of occupancy shall be kept
on file at the premises affected and shall be shown to the Construction
Official upon request. Additionally, a copy of an issued certificate
of occupancy shall be provided by the Construction Official to the
Secretary of the Planning Board or to the Secretary of the Zoning
Board of Adjustment, as the case may be, for placement in the applicable
site plan or subdivision application file.
(8)
Should the Construction Official decline to issue a certificate
of occupancy, his reason for doing so shall be stated on two copies
of the application, and one copy shall be returned to the applicant.
(9)
Temporary certificate of occupancy.
(a)
A temporary certificate of occupancy may be issued for any new structure or use for which site plan and/or subdivision approval has been granted, although not all conditions of said approval have been complied with. Such temporary certificate of occupancy shall be issued only in extenuating circumstances and only with the concurrent written approval of the Township Engineer, Construction Official and Zoning Officer who, together, shall establish specific terms and conditions, including but not limited to a timetable not exceeding 90 days for the installation of the incomplete site improvements and the receipt of a performance guaranty assuring the installation of the improvements as indicated on the approved plat or plan, whether or not said improvements were included within a performance bond in accordance with § 170-73 of this chapter. Any temporary certificate of occupancy beyond a ninety-day time period may only be granted by the Planning Board or Zoning Board of Adjustment, as the case may be.
(b)
A temporary certificate of occupancy may be issued by the Construction
Official for any building or structure not part of a site plan or
subdivision application pursuant to N.J.A.C. 5:23-2.23(e).
(10)
A monthly report of the certificates of occupancy issued shall
be filed with the Tax Assessor. A record of all certificates of occupancy
pursuant to N.J.A.C. 5:23-4.5 shall be kept in the office of the Construction
Official, and copies shall be furnished on request to any person having
a proprietary or tenancy interest in the structure or land affected.
The charge for each copy shall be established by resolution of the
Township, except that there shall be no charge to a municipal agency.
(11)
The following shall be prohibited until a certificate of occupancy
is issued by the Construction Official:
(a)
Occupancy and use of a structure erected, constructed, restored,
altered or moved, when such erection, construction, restoration, alteration
or movement required a construction permit.
(b)
Occupancy, use or change in use of vacant land, other than for
agricultural purposes.
(c)
Any change of use from one category of permitted use to another
category of permitted use, in accordance with the applicable listings
of permitted uses in this chapter.
(d)
Any change in the use of a nonconforming use or nonconforming
structure.
A.
Every application for development shall be accompanied by the appropriate
fees in accordance with the following schedule.
[Amended 2-2-1996 by Ord.
No. 1996-2; 12-5-2007 by Ord. No. 2007-13; 4-3-2014 by Ord. No. 2014-07; 5-1-2018 by Ord. No. 2018-02]
(1)
The application fees and escrow fees recited herein are minimums
which must accompany the application. An application shall not be
deemed complete until the application fee and escrow fee required
have been paid. The Planning Board shall exercise its discretion in
establishing the figure required for the escrow fund in the event
the project will require more time for review than has been provided
for by the figures recited herein or the project is of a nature that
is not expressly included in one of the aforementioned categories.
(2)
Application fees and escrow fees must be submitted in separate
checks payable to Quinton Township. The escrow fee shall be forwarded
by the Planning Board to the Treasurer of Quinton Township for deposit
into a developer's escrow account. The application fees shall be deposited
into the Planning Board account until the end of the month, at which
time the moneys shall be submitted to the Treasurer of Quinton Township
for deposit into the general account of Quinton Township.
(3)
Funds shall be applied to professional costs charged to the
Township by professional consultants (planner, engineer, attorney
and any other consultant retained by the Board) for review of the
development application. Additional funds may be required when the
original amount is depleted by 80% and the development application
is still in progress. The amount of the additional funds needed shall
be determined by the Planning Board.
(4)
All escrow amounts not actually used shall be refunded to the
applicant upon their request and upon the recommendation of the Planning
Board. A detailed accounting of all moneys expended from the escrow
fund shall be available to the applicant upon request.
|
Category of Fees
|
Application Fees
|
Escrow Fees
| ||
|---|---|---|---|---|
|
Subdivision, minor
|
$200 plus
|
$1,000
| ||
|
Subdivision, major sketch
|
$300, plus $20 per lot
|
$1,000
| ||
|
Preliminary major subdivision plat
|
$300, plus $20 per lot
|
$1,500, plus $150 per lot, provided that a minimum $2,500 shall
be deposited
| ||
|
Final major subdivision plat
|
$300, plus $20 per lot
|
$1,000, plus $75 per lot, provided that a minimum $1,500 shall
be deposited
| ||
|
Site plan, minor
|
$300
|
$1,750
| ||
|
Site plan, major, preliminary
| ||||
|
Commercial
|
$750
|
$1,500, plus $200 per acre, provided that a minimum of $2,500
is deposited
| ||
|
Residential
|
$750
|
$1,500, plus $75 per acre, provided that a minimum of $2,500
is deposited
| ||
|
Site plan, major, final:
| ||||
|
Commercial
|
$500
|
$1,000, plus $200 per acre, but not less than $1,500
| ||
|
Residential
|
$500
|
$1,000, plus $50 per acre, but not less than $1,500
| ||
|
Preapplication conference (up to 1/2 hour with Board professionals)
|
$350
|
$500
| ||
|
Conceptual plan (up to 1 hour of Board's time)
|
$500
| |||
|
The cost of obtaining tapes from a meeting shall be $25 per
tape, payable upon making the request
| ||||
|
Variances:
| ||||
|
Appeals and interpretations pursuant to N.J.S.A. 40:55D-70a
and b
|
$300
|
$1,000
| ||
|
Conditional uses pursuant to N.J.S.A. 40:55D-70c
|
$300
|
$1,000
| ||
|
Hardship variances pursuant to N.J.S.A. 40:55D-70c
|
$300
|
$1,000
| ||
|
Use variances pursuant to N.J.S.A. 40:55D-70d
|
$400
|
$1,000
| ||
|
The variance application fee shall be paid in full at the applicant's
initial hearing. An additional full fee shall be paid for each hearing
date required thereafter for the Board to hear the application.
| ||||
|
If the application requires more than one type of variance as
listed in the variances entry above, the applicant shall pay the fee
required for each type as requested.
| ||||
|
If the application requires more than one hardship variance
as listed in the variances entry above, the applicant shall pay an
additional $100 per hardship variance.
| ||||
|
At the discretion of the Chairman of the Zoning Board of Adjustment
or Planning Board, if a professional opinion is required for a variance
application, the applicant shall pay all costs incurred.
| ||||
|
Minor or major amendments
|
To 50% of original fee for site plan/subdivision approvals
| |||
|
Request for extension of preliminary or final site plan/subdivision
approval
|
$100
|
$250
| ||
|
Requests for reapproval
|
50% of original fee of site plan/subdivision applications
| |||
|
Certified list of property owners
|
$10 for 40 items or less, $0.25 for each item over 40
| |||
|
Permit
|
$200
|
None
| ||
|
Eligible facilities request with substantial change (in addition
to variance, site plan, and subdivision fees)
|
$200
|
$2,500
| ||
|
Wireless telecommunications facility siting application (in
addition to variance, site plan, and subdivision fees)
|
$200
|
$7,500
| ||
B.
Application and escrow fees.
(1)
The application fees and escrow fees recited hereinabove shall
be deposited with the municipality to cover the cost of any professional
services rendered to the municipality or approving authority for review
of applications for development, review and preparation of documents,
inspection of improvements or other purposes under the provisions
of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). Prior to an application
being ruled complete, the above sums shall be submitted to be held
in escrow.
[Amended 2-29-1996 by Ord. No. 1996-2]
(2)
Application fees and escrow fees must be submitted in separate
checks payable to Quinton Township. The escrow fee shall be forwarded
by the Planning Board to the Treasurer of Quinton Township for deposit
into a developer's escrow account. The application fees shall be deposited
into the Planning Board account until the end of the month, at which
time the moneys shall be submitted to the Treasurer of Quinton Township
for deposit into the general account of Quinton Township.
(3)
Funds shall be applied to professional costs charged to the
Township by professional consultants (planner, engineer, attorney
and any other consultant retained by the Board) for review of the
development application. Additional funds may be required when the
original amount is depleted by 80% and the development application
is still in progress. The amount of the additional funds needed shall
be determined by the Planning Board.
(4)
[1]All professional charges for review of an application for
development, review and preparation of documents or inspection of
improvements shall be reasonable and necessary, given the status and
progress of the application or construction. Review fees shall be
charged only in connection with an application for development presently
pending before the approving authority or upon review of compliance
with conditions of approval or review or requests for modification
or amendment made by the applicant. A professional shall not review
items which are subject to approval by any state governmental agency
and not under municipal jurisdiction except to the extent consultation
with a state agency is necessary due to the effect of state approvals
in the subdivision or site plan. If the municipality retains a different
professional or consultant in the place of the professional originally
responsible for development, application review or inspection of improvements,
the municipality or approving authority shall be responsible for all
time and expenses of the new professional to become familiar with
the application or the project and the municipality or approving authority
shall not bill the applicant or charge the deposit or the escrow amount
for any such services.
[Added 2-29-1996 by Ord. No. 1996-2]
[1]
Editor's Note: Former Subsection F(4), regarding refunds of
unused escrow amounts, was repealed 2-29-1996 by Ord. No. 1996-2.
(5)
Reimbursement. The municipality shall be reimbursed for all
payments to independent consultants in accordance with N.J.S.A. 40:55D-53.2.
If the salary, staff support and overhead for a municipal professional
are provided by the municipality, the charge shall not exceed 200%
of the sum of the products resulting from multiplying the hourly base
salary, which shall be established annually by ordinance, of each
of the professionals by the number of hours spent by the respective
professional upon review of the application for development or inspection
of the developer's improvements, as the case may be. For other professionals,
the charge shall be the same rate as all other work of the same nature
by the professional for the municipality when fees are not reimbursed
or otherwise imposed on applicants or developers.
[Added 2-29-1996 by Ord. No. 1996-2]
(6)
Definition of "professional." All escrow funds shall be utilized
by the Board to pay the cost of any professional fees incurred by
the Board for review and/or testimony. The term "professional," as
used herein, shall include the services of a duly licensed engineer,
survey, planner, attorney, appraiser or other expert who would provide
professional services to ensure that an application complies with
the standards set forth in Township ordinances and experts whose testimony
may be solicited to give further information to the Board in any area
addressed by any of applicant's experts.
[Added 2-29-1996 by Ord. No. 1996-2]
(7)
Refund of escrow. The following closeout procedure shall apply
to all deposits and escrow accounts established under the provisions
of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), and shall commence
after the approving authority has granted final approval and signed
the subdivision plat or site plan, in the case of application review
escrows and deposits or after the improvements have been approved
as provided in § 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53),
in the case of improvement inspection escrows and deposits. The applicant
shall send written notice by certified mail to the Chief Financial
Officer of the municipality and the approving authority and to the
relevant municipal professional that the application or the improvements,
as the case may be, are completed. After receipt of such notice, the
professional shall render a final bill to the Chief Financial Officer
of the municipality within 30 days and shall send a copy simultaneously
to the applicant. The Chief Financial Officer of the municipality
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
bill. Any balances remaining in the deposit or escrow account, including
interest in accordance with § 1 of P.L. 1985, c. 315 (N.J.S.A.
40:55D-53.1), shall be refunded to the developer along with the final
accounting. To facilitate the release of escrow, applicants are requested
to submit a signed escrow release voucher with the development application.
[Added 2-29-1996 by Ord. No. 1996-2]
(8)
Reimbursement for services. No subdivision plat, deed or site
plan shall be signed nor shall any zoning permits, based upon variances
or interpretations of the Zoning Ordinance;[2] building permits; certificates of occupancy; or any other
types of permits be issued with respect to any approved application
for development until:
[Added 2-29-1996 by Ord. No. 1996-2]
(a)
All bills for reimbursable services have been received by the
municipality from professional persons rendering services in connection
with such application.
(b)
The applicant has reimbursed the municipality the excess by
which the amount of the bills exceeds the amount escrowed. The applicant
shall place on the record its agreement to be bound by the provisions
of the Township's escrow ordinances.
(9)
Charge for services. No professional personnel submitting bills
to the municipality under this chapter shall charge for any of the
services referred to therein at any higher rate or in any different
manner from that which would normally be charged to the municipality
for similar work. Payment of any bill rendered by a professional to
the municipality with respect to any service for which the municipality
is entitled to reimbursement shall in no way be contingent upon receipt
of reimbursement by the applicant, nor shall any payment for service
be delayed pending reimbursement of the municipality by an applicant.
[Added 2-29-1996 by Ord. No. 1996-2]
(10)
Payments. The Chief Financial Officer of a municipality shall
make all of the payments to professionals for services rendered to
the municipality or approving authority for review of applications
for development, review and preparation of documents, inspection of
improvements or other purposes under the provisions of P.L. 1975,
c. 291 (N.J.S.A. 40:55D-1 et seq.). Such fees or charges shall be
based upon a schedule established by resolution. Each payment charged
to the deposit for review of applications, review and preparation
of document and inspection of improvements shall be pursuant to a
voucher from the professional, which voucher shall identify the personnel
performing the service and, for each date, the service performed,
the hours spent (to one-fourth-hour increments), the hourly rate and
the expenses incurred. All professionals shall submit vouchers to
the Chief Financial Officer of the municipality on a monthly basis
in accordance with schedules and procedures established by the Chief
Financial Officer of the municipality. If the services are provided
by a municipal employee, the municipal employee shall prepare and
submit to the Chief Financial Officer of the municipality a statement
containing the same information as required on a voucher, on a monthly
basis. The professional shall send an informational copy of all vouchers
or statements submitted to the Chief Financial Officer of the municipality
simultaneously to the applicant. The Chief Financial Officer of the
municipality shall prepare and send to the applicant a statement which
shall include an accounting of funds listing all deposits, interest
earnings, disbursements and the cumulative balance of the escrow account.
This information shall be provided on a quarterly basis if monthly
charges are $1,000 or less or on a monthly basis if monthly charges
exceed $1,000. If an escrow account or deposit contains insufficient
funds to enable the municipality or approving authority to perform
required application reviews or improvement inspections, the Chief
Financial Officer of the municipality shall provide the applicant
with a notice of the insufficient escrow or deposit balance. In order
for work to continue on the development or the application, the applicant
shall within a reasonable time period post a deposit to the account
in an amount to be agreed upon by the municipality or approving authority
and the applicant. In the interim, any required health and safety
inspections shall be made and charged back against the replenishment
of funds.
[Added 2-29-1996 by Ord. No. 1996-2]
(11)
Dispute of charges.
[Added 2-29-1996 by Ord. No. 1996-2]
(a)
An applicant shall notify, in writing, the governing body, with
copies to the Chief Financial Officer, the approving authority and
the professional whenever the applicant disputes the charges made
by a professional for service rendered to the municipality in reviewing
applications for development, review and preparation of documents,
inspection of improvements or other charges made pursuant to the provisions
of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). The governing body,
or its designee, shall, within a reasonable time period, attempt to
remediate any disputed charges. If the matter is not resolved to the
satisfaction of the applicant, the applicant may appeal to the County
Construction Board of Appeals established under § 9 of P.L.
1975, c. 217 (N.J.S.A. 52:27D-127), any charge to an escrow account
or a deposit by any municipal professional or consultant or the cost
of the installation of improvements estimated by the Municipal Engineer
pursuant to § 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
An applicant or his authorized agent shall submit the appeal in writing
to the County Construction Board of Appeals. The applicant or his
authorized agent shall simultaneously send a copy of the appeal to
the municipality, approving authority and any professional whose charge
is the subject of the appeal. An applicant shall file an appeal within
45 days from receipt of the informational copy of the professionals
voucher required by Subsection c of § 13 of P.L. 1991, c.
256 (N.J.S.A. 40:55D-53.2), except that, if the professional has not
supplied the applicant with an informational copy of the professionals
voucher, then the applicant shall file his appeal within 60 days from
receipt of the municipal statement of activity against the deposit
or escrow account required by Subsection c of § 13 of P.L.
1991, c. 256 (N.J.S.A. 40:55D-53.2). An applicant may file an appeal
for an ongoing series of charges by a professional during a period
not exceeding six months to demonstrate that they represent a pattern
of excessive or inaccurate charges. An applicant making use of this
provision need not appeal each charge individually.
(b)
The County Construction Board of Appeals shall hear the appeal,
render a decision thereon and file its decision, with a statement
of the reasons therefor, with the municipality or approving authority
not later than 10 business days following the submission of the appeal,
unless such period of time has been extended with the consent of the
applicant. The decision may approve, disapprove or modify the professional
charges appealed from. A copy of the decision shall be forwarded by
certified or registered mail to the party making the appeal, the municipality,
the approving authority and the professional involved in the appeal.
Failure by the Board to hear an appeal and render and file a decision
thereon within the time limits prescribed in this subsection shall
be deemed a denial of the appeal for purposes of a complaint, application
or appeal to a court of competent jurisdiction.
(12)
Deposits received from any applicant in excess of $5,000 shall
be held by the Chief Financial Officer in a special interest-bearing
deposit account, and upon receipt of bills from professionals and
approval of said bills as hereinafter provided for, the Chief Financial
Officer may use such funds to pay the bills submitted by such professionals
or experts. The municipality shall not be required to refund an amount
of interest paid on a deposit which does not exceed $100 for the year.
If the amount of interest exceeds $100, the entire amount shall belong
to the applicant and shall be refunded to him by the municipality
annually or at the time the deposit is repaid or applied for the purposes
for which it was deposited, as the case may be, except that the municipality
may retain for administrative expenses a sum equivalent to no more
than 33 1/3% for that entire amount, which shall be in lieu of
all other administrative custodial expenses. All sums not actually
so expended shall be refunded to the applicant within 90 days after
the final decision by the appropriate municipal agency with respect
to such application, upon certification by the Board Secretary that
such application has been finally decided.
[Added 4-3-2014 by Ord. No. 2014-07]
(13)
Inspection fees shall be charged only for actual work shown
on a subdivision or site plan or required by an approving resolution.
Professional inspection improvements under construction shall charge
only for inspections that are reasonably necessary to check the progress
and quality of the work, and such inspections shall be reasonably
based on the approved development plans and documents.
[Added 4-3-2014 by Ord. No. 2014-07]
(14)
If the municipality retains a different professional or consultant
in the place of a professional originally responsible for development
application review, or inspection of improvements, the municipality
or approving authority shall be responsible for all time and expenses
of the new professional to become familiar with the application of
the project, and the municipality or approving authority shall not
bill the applicant or charge to the deposit or the escrow account
for any such services.
(15)
The cost of the installation of improvement for the purposes
of N.J.S.A. 40:55D-53 shall be estimated by the Municipal Engineer
based on documented construction costs for the public improvements
prevailing in the general area of the municipality. The developer
may appeal the Municipal Engineer's estimate to the County Construction
Board of Appeals, established pursuant to N.J.S.A. 52:27D-127.
C.
The County Construction Board of Appeals shall provide rules for
its procedure in accordance with this section. The Board shall have
the power to administer oaths and issue subpoenas to compel the attendance
of witnesses and the production of relevant evidence and the provisions
of the County and Municipal Investigations Law, P.L. 1953, c. 38 (N.J.S.A.
2A:67A-1 et seq.), shall apply.
D.
During the pendence of any appeal, the municipality or approving
authority shall continue to process, hear and decide the application
for development and to inspect the development in the normal course
and shall not withhold, delay or deny reviews, inspections, signing
of subdivision plats or site plans, the reduction or the release of
performance or maintenance guaranties, the issuance of construction
permits or certificates of occupancy or any other approval or permit
because an appeal has been filed or is pending under this subsection.
The Chief Financial Officer of the municipality may pay charges out
of the appropriate escrow account or deposit for which an appeal has
been filed. If a charge is disallowed after payment, the Chief Financial
Officer of the municipality shall reimburse the deposit or escrow
account in the amount of any such disallowed charge or refund the
amount to the applicant. If a charge is disallowed after payment to
a professional or consultant who is not an employee of the municipality,
the professional or consultant shall reimburse the municipality in
the amount of any such disallowed charge.
