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 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
on the subdivision or site plan.
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 City retains a different professional
or consultant in the place of a professional originally responsible
for development application review or inspection of improvements,
the City 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 City or approving authority shall not bill
the applicant or charge to the deposit or escrow account for any such
services.
The applicant shall be responsible to reimburse
the City of Clifton with regard to specific professional services
in accordance with the following:
A. Charges for any professional for required attendance
at a regular or 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 professionals shall be reimbursed on a pro rata basis;
B. The City of Clifton shall be entitled to be reimbursed
for the review of applications both as to completeness and as to content;
for the review and preparation of documents such as but not limited
to drafting resolutions, developer's agreements and necessary correspondence
with the applicant or applicant's professionals; and
C. The cost of all necessary inspections and for such
other services necessary to assure that all work is performed in compliance
with the approved plans and governing laws or ordinances.
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 City of Clifton from professional
personnel rendering services in connection with such application and
payment has been made by the applicant.
[Amended 12-3-2002 by Ord. No. 6319-02]
The cost of improvements for the purposes of
N.J.S.A. 40:55D-53 shall be estimated by the City Engineer based on
documented construction costs for the public improvements prevailing
in the general area of the City of Clifton. The developer may appeal
the City Engineer's estimate to the Passaic County Construction Board
of Appeals.
[Amended 12-3-2002 by Ord. No. 6319-02]
A. An applicant must notify the governing body, in writing,
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 City of Clifton
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 among the parties, the applicant may
appeal to the Passaic County Construction Board of Appeals. An appeal
must be filed within 45 days from the receipt of the professional
voucher. If the professional does not provide the applicant with a
voucher, the appeal period is extended to 60 days.
B. Once an appeal is filed, the Passaic 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 City of Clifton 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 City of Clifton, 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 Passaic County Construction Board
of Appeals.
This entire chapter shall be deemed and construed
to be an exercise of the police power of the City of Clifton in the
State of New Jersey, and all of its provisions shall be liberally
construed with a view to the effectuation of such purpose.
The provisions of this chapter are separable
and if any provision, clause, sentence, subsection, word or part thereof
is held illegal, invalid or unconstitutional or inapplicable to any
person or circumstance, such illegality, invalidity or unconstitutionality,
or inapplicability shall not affect or impair any of the remaining
provisions, clauses, sentences, subsections, words or parts of the
regulation or their application to other persons or circumstances.
It is hereby declared to be the legislative intent that this chapter
would be adopted if such illegal, invalid or unconstitutional provision,
clause, sentence, subsection, word or part had not been included therein,
or as if such persons or circumstances, to which this chapter or part
thereof is held inapplicable, had been specifically exempted therefrom.