A.Â
This section of the chapter includes all fees and
escrow sums required in connection with any application under this
chapter. The escrow sums are designed to pay the cost of professional
review by the engineer, solicitor or other professionals utilized
by the reviewing agency to review and make recommendations on an applicant's
application for development. At the time of submitting his application
and plans to the Administrative Officer, the applicant shall be required
to execute an escrow agreement between the applicant and the reviewing
agency to cover the cost of technical and professional review of the
application for development. Said escrow agreement shall be in the
form approved by the Township of Burlington. The escrow agreement
shall provide that the applicant pay all necessary and reasonable
costs, as permitted by N.J.S.A. 40:55D-53.2, incurred by the technical
and professional staff utilized by the reviewing agency for review
of the applicant's application for development. The sums specified
below are estimates which shall be posted prior to consideration by
the reviewing agency or its staff of that stage of the applicant's
review process indicated. In the event that more than the sums specified
below are required to pay the reasonable costs, as permitted by N.J.S.A.
40:55D-53.2, incurred, the applicant shall, prior to being permitted
to take the next step in the approval procedure or in any element
of his project, pay all additional sums required. In the event that
the escrow sums posted are more than those required, the excess funds
shall be returned to the applicant within 14 days of the issuance
of an occupancy permit for any element of the project. Prior to the
issuance of an occupancy permit for any element of the project seeking
approval under this chapter, the Administrative Officer shall determine
from the professional staff employed by the reviewing agency in the
review of the applicant's application for development whether there
are any additional sums required to be paid from the escrow fund established.
In the event that there are, the Administrative Officer shall so notify
the Township Treasurer of the amounts to be held in that account.
The Administrative Officer shall determine the position of all escrow
accounts, and where additional funds are required, it shall be the
obligation of the Administrative Officer to so notify the applicant
of the amounts needed and to properly make all payments required to
be made under this section of the chapter. In addition to these terms,
the escrow agreement may require any other additional terms which
are agreed to by the applicant and the reviewing agency. The schedule
of fees and escrow sums shall be established by resolution and shall
be posted in the office of the Administrative Officer and such other
place or places as the reviewing agency shall direct.
B.Â
Responsibility of property owner. In the event that
the applicant does not satisfy all of the fees and payments required
under this section of the chapter, the owner of the property which
is the subject of the applicant's application shall ensure that these
funds are paid. In the event of a delinquency in these payments and/or
the escrow account of the applicant, the Administrative Officer shall
notify the owner of the property to pay the funds to the Township
necessary to satisfy the delinquency in the payments and/or escrow
account of the applicant. In the event that the property owner shall
fail to satisfy this delinquency, the amount of the delinquency shall
be certified by the Administrative Officer to the Tax Collector of
the Township of Burlington, and the said delinquency shall forthwith
become a lien upon the property which is the subject of the application
and shall be added and become part of the taxes next to be assessed
and levied upon such lands and premises, the same to bear interest
at the same rate as other taxes, and shall be collected and enforced
by the same officers in the same manner as taxes.
A.Â
Review of fees.
[Amended 7-13-2010 by Ord. No. 10-OR-017]
(1)Â
A resident seeking guidance on a land use matter affecting
his or her personal residence shall pay a fee of $100 for review by
the Joint Staff Committee on Land Development Applications.
(2)Â
The fee for a developer for review by the Joint Staff
Committee on Land Development Applications shall be $300.
J.Â
Use variance.
[Amended 8-9-2011 by Ord. No. 11-OR-018]
|
Filing Fee
|
Escrow Fee
| ||
|---|---|---|---|
|
Residential
|
$75, 1st through 10th residential unit
$50, each additional residential unit over 10
units
|
$200, each residential unit, minimum $1,500
| |
|
Business
|
$350
|
$500, 1st acre,
$200, each additional acre, minimum $1,500
| |
|
Industrial
|
$350
|
$500, 1st acre,
$200, each additional acre, minimum $1,500
|
K.Â
Bulk variance.
[Amended 8-9-2011 by Ord. No. 11-OR-018]
|
Filing Fee
|
Escrow Fee
| ||
|---|---|---|---|
|
Residential
|
$70
|
$300
| |
|
Business
|
$200
|
$500
| |
|
Industrial
|
$200
|
$500
|
N.Â
Revised site plan or subdivision.
(1)Â
Applicant will be required for each refiling of plans
not requiring a new application to post an additional sum equal to
1/4 of the escrow fee normally established for the proposal as set
forth above.
(2)Â
The application fee for the refiling of plans required
for site plans or subdivision applications shall be $125.
[Added 3-28-2006 by Ord. No. 06-OR-007]
Q.Â
Professional review fees. Professional review fees
shall be established annually by resolution, which amount shall be
in conformity with the provisions of N.J.S.A. 40:55D-53.2a.
R.Â
Administration of professional review fees.
(1)Â
The applicant shall be obligated to reimburse the
Township for all reasonable professional review fees and costs, which
fees and costs are set forth in N.J.S.A. 40:55D-53.2, that would be
required for the inspection of both on-tract as well as off-tract
improvements. Application and escrow fees for professional review
are set forth above. For all applications, the Township may require
deposits for inspection fees in an amount not to exceed, except for
extraordinary circumstances, the greater of $500 or 5% of the cost
of the improvements, which cost shall be determined pursuant to N.J.S.A.
40:55D-53.4. For those developments for which the reasonably anticipated
fees are less than $10,000, fees may, at the option of the applicant,
be paid in two installments. The initial amount deposited by an applicant
shall be 50% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the applicant has been reduced by the amount
paid to the professionals for their inspection and review, the applicant
shall deposit the remaining 50% of the anticipated inspection fees.
For those developments for which the reasonably anticipated fees are
$10,000 or greater, fees may, at the option of the applicant, be paid
in four installments. The initial amount deposited by an application
shall be 25% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the applicant has been reduced by the amount
paid to the professionals for inspection and review, the applicant
shall make additional deposits of 25% of the reasonably anticipated
fees. The Township Engineer shall not perform any inspection and the
Township/land use attorneys shall not conduct any review if sufficient
funds to pay for those inspections/reviews are not on deposit.
(2)Â
As a condition of approval for an application for
development, the applicant shall be required to promptly pay all professional
review fees billed in excess of the required application escrows and
in no event later than 30 days from the date of receipt of a final
voucher from the Township. This condition of approval shall be binding
upon the applicant, the owner and any successors and/or assigns of
either.
S.Â
Notice of decision. An applicant shall be required
to pay a fee of $30 for the publication of any decision rendered by
the reviewing board for each application.
[Amended 8-9-2011 by Ord. No. 11-OR-018]
T.Â
Escrow charges and payments.
(1)Â
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 for each date the service is performed, the hours spent to one-fourth-hour
increments, the hourly rate and the expenses incurred.
(2)Â
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.
(3)Â
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.
(4)Â
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.
(5)Â
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.
(6)Â
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.
(7)Â
In order for work to continue on the development or
the application, the applicant shall, within 14 days of the notice
of the insufficient escrow or deposit balance, 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.
U.Â
Close-out procedures.
(1)Â
The following close-out 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 Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53), in the case
of improvement inspection escrows and deposits.
(2)Â
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.
(3)Â
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.
(4)Â
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.
(5)Â
Any balances remaining in the deposit or escrow account,
including interest in accordance with Section 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.
V.Â
Escrow for maintenance of open spaces and improvements.
(1)Â
Responsibilities. The applicant shall be responsible
for the maintenance of all open space and improvements required to
be installed as part of the development project prior to its dedication
and acceptance by the Township. By way of example, this maintenance
would include but not be limited to grass cutting, snowplowing, road
repairs, etc.
(2)Â
Escrow posting. Upon approval of the development application
by the reviewing board, the applicant shall be required to post funds
with the Township in an amount not to exceed the sum of $5,000, which
shall be held to ensure the proper maintenance of any open space or
improvements which are to be dedicated to the Township. In the event
the applicant fails to perform the work required to properly maintain
the open space/improvements, the Township shall have the right to
draw upon the escrow account for payment of any expenses attendant
upon the work required for this maintenance.
(3)Â
Submission of bills to applicant. Upon payment of
the maintenance expenses from the escrow account, the applicant shall
receive a detailed statement of the services rendered and costs expended
in connection with the maintenance work that was done and paid for
from the escrow account.
(4)Â
Insufficient funds. If the escrow account contains
insufficient funds to enable the Township to perform the required
maintenance work for the open space/improvements that have yet to
be dedicated to the Township, the Administrative Officer of the Township
shall provide the applicant with a notice of the insufficient escrow
balance. In order for work to continue on the development or the application,
the applicant shall, within 14 days of the notice of the insufficient
escrow balance, post a deposit to the account in an amount to be determined
by the Township. In the interim, any required health and safety maintenance
work that is required shall be performed and charged back against
the replenishment of the escrow funds.
W.Â
Dispute and appeal procedures.
(1)Â
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.)
(2)Â
The governing body or its designee shall, within a
reasonable time period, attempt to remediate any disputed charges.
(3)Â
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 Section 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 Section
15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
(4)Â
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.
(5)Â
An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by Subsection C of Section 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 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 Section 13 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.2).
[Amended 9-23-2008 by Ord. No. 08-OR-025]
(6)Â
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.
(7)Â
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.
(8)Â
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.
(9)Â
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.
A.Â
Cumulative sum. Where an applicant submits an application involving a combination of approvals, i.e., subdivision application submitted together with a variance request, fees and escrow sums provided in § 330-28 for each category of approval sought shall be posted. Therefore, fees and escrow sums under this section shall be cumulative in nature.
[Amended 9-23-2008 by Ord. No. 08-OR-025]
B.Â
Waiver. The reviewing board shall have the power, in appropriate cases, to compromise or waive the escrow sums required in § 330-28 of this chapter where an applicant shall present to the reviewing board sufficient proof that the cost incurred by the Township would not necessitate posting of the specified sums.
C.Â
Effective date. Notwithstanding anything to the contrary,
the effective date of the revisions to the chapters which have been
modified in accordance with Chapter 54, P.L. 1995 shall be September
17, 1995.
