The Planning Board and/or Zoning Board of Adjustment
shall require escrow deposits in accordance with the provisions of
this chapter. Such escrow shall be utilized to pay the cost of any
professional fees incurred for review of and/or testimony concerning
an application for development submitted by an applicant.
The Chief Financial Officer of the 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 N.J.S.A. 40:55D-1
et seq. The initial fees or charges shall be as hereinafter set forth.
The application review and inspection charges shall be limited only
to professional charges for review of applications, review and preparation
of documents and inspections of developments under construction and
for review by outside consultants when an application is of a nature
beyond the scope of the expertise of the professionals normally utilized
by the municipality. The only costs that shall be added to any such
charges shall be actual out of pocket expenses of any such professional
or consultants including normal and typical expenses incurred in processing
applications and inspecting improvements. No applicant shall be charged
for any municipal clerical or administrative functions, overhead expenses,
meeting room charges, or any of the municipal costs and expenses except
as provided for specifically herein, nor shall a municipal professional
add any such charge to his bill.
The applicant shall be responsible to reimburse
the municipality with regard to specific professional services in
accordance with the following:
A.
Charges for any professional for required attendance
at any special meeting during which hearings are held on the application
in question; provided, however, that where hearings are held on other
applications at the same hearing, the cost of attendance of the municipality's
professionals shall be reimbursed on a pro rata basis;
B.
The municipality shall be entitled to be reimbursed
for the review of applications including but not limited to:
(1)
All expenses of in-house Township technical and professional
staff and outside consulting and professional personnel for services
necessary to review and process an application for development before
a Township agency; such as:
(a)
The cost of reviews by in-house Township technical
and professional staff and outside consulting and professional personnel
of applications and accompanying documents both as to completeness
and content.
(b)
Issuance of reports by in house Township technical
and professional personnel, outside technical and professional services
as deemed necessary by the Township Engineer, and other outside technical
and professional personnel and consultants to the Township agency
setting forth recommendations resulting from the review of any documents
submitted by applicant.
(c)
Charges for any telephone conference or meeting
requested or initiated by an applicant, applicant's attorney or any
of the applicant's experts.
(d)
Review of additional documents submitted by
applicant and issuance of reports relating thereto.
(e)
Review or preparation of easements, developer's
agreements, deeds or the like, and necessary correspondence with applicant
or applicant's professionals.
(f)
Review or preparation of resolutions of approval
and memorializing resolutions.
(g)
The cost of independent expert advice or testimony
obtained by the Township agency.
(2)
The term "technical and professional personnel" or
"technical and professional services" as used herein shall include
the services of a duly licensed engineer, surveyor, planner, Planning
Board, Board of Adjustment, municipal or other attorney, realtor,
appraiser, environmentalist or other experts and their employees or
staff who would provide technical and professional services to insure
an application meets performance standards set forth in the ordinance
and generally accepted standards for the particular professional field.
Professional personnel or professional services shall also mean experts
whose testimony is in an area in which the applicant has presented
expert testimony.
[Amended 8-12-2008 by Ord. No. 3767; 2-23-2010 by Ord. No.
3845; 3-27-2013 by Ord. No. 4010-13]
At the time of the filing of an application
for development, appeal or other matter pursuant to this chapter,
the applicant shall pay to the administrative officer an initial deposit
for services in accordance with the following schedule. Deposits shall
be made by check, bank money order or cash. In the case of proposals
requiring a combination of approvals, such as site plan and/or variance(s),
the applicant shall deposit an amount equal to the sum of the deposits
required for each application.
A.
Escrow fees.
[Amended 2-26-2019 by Ord. No. 4261-19]
|
Type of Development
|
Escrow to be Posted
| |
|---|---|---|
|
Residential development:
| ||
|
2-3 units (site plan/minor subdivision)
|
$3,000
| |
|
2-10 units (site plan/major subdivision)
|
$4,000
| |
|
11-20 units
|
$6,000
| |
|
21-100 units
|
$8,000
| |
|
101-500 units
|
$10,000
| |
|
501-1,000 units
|
$12,500
| |
|
1,001 units and greater
|
$15,000
| |
|
Commercial/industrial development application
not involving structures:
| ||
|
0-3 lots
|
$5,000
| |
|
4 lots and greater
|
$7,500
| |
|
Commercial/industrial development application
involving structure:
| ||
|
Total Floor Plan
| ||
|
5,000-10,000 square feet
|
$7,500
| |
|
10,001-20,000 square feet
|
$10,000
| |
|
20,001 square feet and greater
|
$12,500
| |
|
Variance application involving an "isolated
lot"
|
$1,500
| |
|
All other applications when no residential or
commercial/industrial development is proposed
|
$3,000
| |
B.
Professional fees. Applicants for the following single-lot
applications are required to pay the Township a nonrefundable fee
for professional review and inspection services in accordance with
the following fee schedule:
|
Proposed Improvement
|
Review and Inspection Fee
| ||
|---|---|---|---|
|
New dwelling with variances
|
$1,000
| ||
|
New dwelling without variances
|
$500
| ||
|
Addition with variances
|
$300
| ||
|
Addition without variances
|
$150
| ||
|
Ground-mount solar
|
$250
| ||
|
New accessory structure or pool with variance
|
$300
| ||
|
New accessory structure or pool without variance
|
$150
| ||
|
Decks or aboveground pools
|
No fees required
| ||
|
Site plan waiver
|
$500
| ||
|
Sign variances
|
$500
| ||
|
Home occupations
|
$500
| ||
|
TRC reviews
|
$1,000 (This fee may be waived or reduced by
TRC.)
| ||
|
Wireless communication facilities requiring review and approval
by the Township Council or the TRC:
| |||
|
New wireless telecommunication antennas and/or equipment
|
$5,000
| ||
|
Replacement of existing wireless telecommunication antennas
and/or equipment that involves change(s) in the number, size and/or
location of antennas and/or equipment
|
$1,000
| ||
|
In-kind replacement of existing wireless telecommunication antennas
and/or equipment that involves no change(s) in the number, size or
location of antennas and/or equipment
|
$500
| ||
|
First 3 reviews are included in the above fees. Afterwards the
fee is $150 per additional review. This provision does not apply to
wireless communication tower or antenna reviews by the Township Council
or TRC.
| |||
Deposits received from applicant in excess of
$5,000 shall be held by the Chief Financial Officer in special interest-bearing
deposit account, and upon receipt of bills from professionals and
approving 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 of no more
than 33 1/3% of that entire amount, which shall be in lieu of
all other administrative and custodial expenses.
A.
Each payment charged to the deposit for review of
applications, review and preparation of documents and inspection of
improvements shall be pursuant to a voucher from the professional
which voucher shall identify the personnel performing the service,
and each date the services were performed, the hours spent to one-quarter-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 the schedules and procedures
established by the Chief Financial Officer. 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 and the municipal agency for whom said services were
performed.
B.
The Chief Financial Officer 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 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.
No zoning permits, building permits, certificates
of occupancy or any other types of permits may be issued with respect
to any approved application for development until all bills for reimbursable
services have been received by the municipality from professional
personnel rendering services in connection with such application and
payment has been made.
A.
The following closeout procedures shall apply to all
deposits and escrow accounts established under the provisions of 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 in accordance with N.J.S.A. 40:55D-53
in the case of improvement inspection escrows and deposits.
B.
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 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 N.J.S.A. 40:55D-53-1
shall be refunded to the developer along with the final accounting.
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 the conditions of approval, or review of requests
for modification or amendment made by the applicant. A professional
shall not review items which are subject to approval by any state
governing agency and not under the jurisdiction of the municipality.
Inspection fees shall be charged only for actual
work shown on a subdivision or site plan or required by an approving
resolution. Professionals inspecting 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.
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 or the project, and the municipality or approving
authority shall not bill the applicant or charge to the deposit or
the escrow account for such services.
The cost of the installation of improvements
for the purposes of N.J.S.A. 40:55D-53 shall be estimated by the Municipal
Engineer based on documented construction costs for 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.
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 a service rendered to the municipality in reviewing
applications for development, review and preparation of documents,
inspection of improvements, or other charges made pursuant to N.J.S.A.
40:55D-53.2. The governing body or its designee shall within a reasonable
time 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 pursuant
to N.J.S.A. 52:27D-127, any charge to an escrow account or deposit
by any municipal professional or consultant, or the cost of the installation
of improvements estimated by the Municipal Engineer pursuant to 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 charges are the subject of the appeal. An applicant shall file
an appeal within 45 days from receipt of the informational copy of
the professional's voucher required by subsection N.J.S.A. 40:55D-53.2(c),
except that if the professional has not supplied the applicant with
an informational copy of the 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 N.J.S.A.
40:55D-53.2(c). 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 Appeal 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.
C.
Appeals shall be taken in accordance with the rules
and procedures established by the County Construction Board of Appeals.
D.
During the pendency 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 a municipality,
the professional or consultant shall reimburse the municipality in
the amount of any such disallowed charge.
Within 45 days after the filing of an application
for development the Planning Board and/or the Board of Adjustment
as the case may be, shall, in conjunction with appropriate representatives
of the staff of the Township of Franklin, review said application
for development to determine whether the escrow amount set forth above
is adequate.
A.
In conducting such review said Board shall consider
the following criteria:
(1)
The presence or absence of public water and/or sewer
servicing the site.
(2)
Environmental considerations, including but not limited
to geological, hydrological and ecological factors.
(3)
Traffic impact of the proposed development.
(4)
Impact of the proposed development on existing aquifer
and/or water quality.
B.
Upon completion of said review and within said forty-five-day
period, the Board shall adopt a resolution specifying whether the
escrow amount specified above is sufficient, excessive or insufficient.
In the event the Board shall determine that said amount is excessive,
it shall in the resolution specify the amount that shall be deemed
sufficient, including a specification, if appropriate, that no escrow
be posted. In the event the Board shall determine the amount specified
above is insufficient, it shall so specify and shall further set forth
the amount required to be posted in light of the criteria specified
herein.
No application for development shall be deemed
complete until such time as the applicant shall have posted with the
Township of Franklin in cash, certified check or money order the amount
of escrow deposit determined by the Planning Board and/or Board of
Adjustment to be required in accordance with the provisions of this
chapter.
