[HISTORY: Adopted by the Board of Commissioners
of the Township of Long Beach 7-18-1997 by Ord. No. 97-16C. Amendments noted where
applicable.]
[Amended 2-2-2007 by Ord. No. 07-02C]
Pursuant to the provisions of N.J.S.A. 40:55D-25c,
there is hereby established and created a nine-member Planning Board
which shall exercise, to the same extent and subject to the same restrictions,
all the powers of a Zoning Board of Adjustment. The Board shall be
known as the "Land Use Board of the Township of Long Beach." In accordance
with N.J.S.A. 40:55D-23.1, it is hereby established that the nine-member
Land Use/Planning Board shall increase the number of alternate members
to four for the purpose of filling places of absent members of the
Board to hear and make decisions on applications before the Board
at any given meeting.
A.
Every municipal agency shall by its rules fix the
time and place for holding its regular meetings for business authorized
to be conducted by such agency. Regular meetings of the municipal
agency shall be scheduled not less than once a month and shall be
held as scheduled unless canceled for lack of applications for development
to process.
B.
The municipal agency may provide for special meetings,
at the call of the Chairperson, or on the request of any two of its
members, which shall be held on notice to its members and the public
in accordance with municipal regulations and N.J.S.A. 10:4-6 et seq.
C.
No action shall be taken at any meeting without a
quorum being present.
D.
All actions shall be taken by majority vote of a quorum
except as otherwise required by N.J.S.A. 40:55D-32, 40:55D-34, 40:55D-62,
40:55D-63 and Subsections 40:55D-17e, 40:55D-26a, 40:55D-26b and 40:55D-70b.
Failure of a motion to receive the number of votes required to approve
an application for development shall be deemed an action denying the
application. Nothing herein shall be construed to contravene any act
providing for procedures for governing bodies.
E.
All regular meetings and all special meetings shall
be open to the public. Notice of all such meetings shall be given
in accordance with the requirements of the Open Public Meeting Law,
N.J.S.A. 10:4-6 et seq.
F.
An executive session for the purpose of discussing
and studying any matters to come before the agency shall not be deemed
a regular or special meeting within the meaning of N.J.S.A. 40:55D-1
et seq.
Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the municipal agency and of the persons appearing by
attorney, the action taken by the municipal agency, the findings,
if any, made by it and reasons therefor. The minutes shall thereafter
be made available for public inspection during normal business hours
at the office of the administrative officer. Any interested party
shall have the right to compel production of the minutes for use as
evidence in any legal proceedings concerning the subject matter of
such minutes. Such interested party may be charged a reasonable fee
for reproduction of the minutes in an amount sufficient to cover the
cost of such reproduction of the minutes for his or her use.
A.
Required hearings. The Planning Board shall hold a
hearing on each application for development.
B.
Rules for conducting hearings. The Planning Board
shall make rules governing the conduct of hearings before such bodies,
which rules shall not be inconsistent with the provisions of N.J.S.A.
40:55D-1 et seq. or this chapter.
C.
Filing of documents. Any maps and documents for which
approval is sought at a hearing shall be on file and available for
public inspection at least 10 days before the date of the hearing
during normal business hours in the office of the administrative officer.
The applicant may produce other documents, records or testimony at
the hearing to substantiate or clarify or supplement the previously
filed maps and documents.
D.
Oaths. The officer presiding at the hearing or such
person as he or she may designate shall have power to administer oaths
and issue subpoenas to compel the attendance of witnesses and the
production of relevant evidence, including witnesses and documents
presented by the parties, and the provisions of the County and Municipal
Investigations Law, N.J.S.A. 2A:67A-1 et seq. shall apply.
E.
Testimony. The testimony of all witnesses relating
to an application for development shall be taken under oath or affirmation
by the presiding officer and the right of cross-examination shall
be permitted to all interested parties through their attorneys, if
represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witness.
F.
Evidence. Technical rules and evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
G.
Verbatim recording. The municipal agency shall provide
for the verbatim recording of the proceedings by either a stenographer
or by mechanical or electronic means. The municipal agency shall furnish
a transcript or duplicate recording in lieu thereof, on request, to
any interested party at his or her expense.
H.
Transcript charge. The municipal agency in furnishing
a transcript of the proceeding to an interested party at his or her
expense shall not charge such interested party more than the maximum
permitted in N.J.S.A. 2A:11-15, as amended.[1] Said transcript shall be certified in writing by the transcriber
to be accurate.
[1]
Editor's Note: N.J.S.A. 2A:11-15 was repealed
by L. 1991, c. 119, § 4.
I.
Voting eligibility. A member or alternate member of
a municipal agency who was absent for one (1) or more of the meetings
at which a hearing was held shall be eligible to vote on the matter
upon which the hearing was conducted, notwithstanding his or her absence
from one (1) or more of the meetings; provided, however, that such
board member or alternate member has available to him or her the transcript
or recordings of all of the hearing from which he or she was absent,
and certifies in writing to the municipal agency that he or she has
read such transcript or listened to such recording.
Whenever public notice of a hearing is required
on an application for development, the applicant shall give notice
thereof at least ten (10) days prior to the date of the hearing in
accordance with the following:
A.
Public notice of a hearing on an application for development
shall be given for all of the following:
B.
Public notice shall be given by publication in the
official newspaper of the township, if there is one, or in a newspaper
of general circulation in the township.
C.
Notice of a hearing requiring public notice pursuant to Subsection A shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within two hundred (200) feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the owner as shown on the said current tax duplicate or his or her agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his or her address as shown on the said current tax duplicate. A return receipt is not required.
D.
Notice to a partnership owner may be made by service
upon any partner. Notice to a corporate owner may be made by service
upon its president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
Notice to a condominium association, horizontal property regime, community
trust or homeowners' association, because of its ownership of common
elements or areas located within two hundred (200) feet of the property
which is the subject of the hearing, may be made in the same manner
as to a corporation without further notice to unit owners, co-owners
or homeowners on account of such common elements or areas.
E.
Notice of all hearings on applications for development involving property located within two hundred (200) feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection C of this section to the owners of lands in such adjoining municipality which are located within two hundred (200) feet of the subject premises.
F.
Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on all applications
for development of property adjacent to an existing county road or
proposed road shown on the Official County Map or on the County Master
Plan, adjoining other county land or situated within two hundred (200)
feet of a municipal boundary.
G.
Notice shall be given by personal service or certified
mail to the Commissioner of the New Jersey Department of Transportation
of a hearing on any application for development of property adjacent
to a state highway.
H.
Notice shall be given by personal service or certified
mail to the State Planning Commission of any hearing on an application
for development of property which exceeds one hundred fifty (150)
acres or five hundred (500) dwelling units. Such notice shall include
a copy of any maps or documents required to be on file with the administrative
officer pursuant to N.J.S.A. 40:55D-10b.
I.
The applicant shall file an affidavit of proof of
service with the municipal agency holding the hearing on the application
for the development in the event that the applicant is required to
give notice pursuant to N.J.S.A. 40:55D-12 and this section.
J.
Any notice made by certified mail as hereinabove required
shall be deemed to be complete upon mailing in accordance with the
provisions of N.J.S.A. 40:55D-14.
K.
Form of notice. All notices required to be given pursuant
to the terms of this chapter shall state the date, time and place
of the hearing, the nature of the matters to be considered and identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Township Tax Assessor's office and the location and
times at which any maps and documents for which approval is sought
are available for public inspection as required by law.
M.
List of property owners furnished. Upon the written request of an applicant, the administrative officer shall, within seven (7) days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsections C and D of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A fee of twenty-five cents ($0.25) per name, or ten dollars ($10.), whichever is greater, shall be charged for such list.
Each decision on any application for development
shall be reduced to writing and shall include findings and facts and
conclusions based thereon.
A.
Reduction to writing.
(1)
Reduction to writing shall be accomplished through:
(a)
A resolution adopted at a meeting held within
the applicable time period for taking action on the application for
development; or
(b)
A resolution adopted at a meeting held not later
than forty-five (45) days after the date of the meeting at which action
to grant or deny approval was taken memorializing said action.
(2)
Where the agency fails to adopt a resolution, any
interested party may apply to Superior Court in a summary manner for
an order compelling the agency to reduce its findings and conclusions
to writing within a stated time, and the cost of the application,
including attorney's fees, shall be assessed against the township.
B.
The following members shall be eligible to vote on
the resolution:
(1)
Where the action taken resulted from the failure of a motion to approve an application pursuant to § 18-2D, those members voting against the motion for approval shall be the members eligible to vote on the resolution.
(2)
In all other circumstances, only the members who voted
for the action taken shall be eligible to vote on the resolution.
C.
The following shall apply to adoption of the resolution:
(1)
The vote on a resolution shall be deemed to be a memorialization
of the action of the municipal agency and not to be an action of the
municipal agency.
(2)
The vote of a majority of those eligible members who
are present at the meeting at which the resolution is presented for
adoption shall be sufficient to adopt the resolution.
(3)
The date of the adoption of the resolution shall constitute
the date of the decision for purposes of the mailings, filings and
publications required.
D.
Copies of the decision shall be distributed by the
administrative officer as follows:
(1)
A copy shall be mailed within ten (10) days of the
date of decision to the applicant, or if represented then to his or
her attorney, without separate charge.
(2)
A copy shall be filed in the office of the administrative
officer and be made available for public inspection during reasonable
hours.
(3)
A copy shall be made available to any interested party
for a reasonable fee in an amount sufficient to cover the cost of
such copy.
E.
A brief notice of the decision shall be published
in the official newspaper(s) of the township.
(1)
Such publication shall be arranged, and proof of publication
shall be obtained, by the administrative officer. Nothing herein shall
be construed as preventing the applicant from arranging such publication
if he or she so desires. The period of time in which an appeal of
the decision may be made shall run from the first publication of the
decision.
(2)
Such notice shall be published within thirty (30)
days of the date of decision, or twenty (20) days of the date of mailing
of a copy of the decision by the administrative officer, whichever
is later, or within such other appropriate period as may be determined
by the municipal agency at the time of decision.
(3)
Failure of an applicant to publish as herein required
shall render any approvals null and void.
A.
In the event that a developer submits any application
for development proposing a development that is barred or prevented,
directly or indirectly, by legal action instituted by any state agency,
political subdivision or other party to protect the public health
and welfare or by a directive or order issued by any state agency,
political subdivision or court of competent jurisdiction to protect
the public health and welfare, the municipal agency shall process
such application for development in accordance with the provisions
of N.J.S.A. 40:55D-1 et seq. and this chapter, and, if such application
for development complies with the provisions of this chapter, the
municipal agency shall approve such application conditioned on removal
of such legal barrier to development.
B.
In the event that development proposed by an application
for development requires an approval of a governmental agency other
than the municipal agency, the municipal agency shall, in appropriate
instances, condition its approval upon the subsequent approval of
such governmental agency, provided that the municipal agency shall
make a decision on any application for development within the time
period provided in this chapter and N.J.S.A. 40:55D-1 et seq. or within
an extension of such period as has been agreed to by the applicant,
unless the municipal agency is prevented or relieved from so acting
by the operation of law.
C.
Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.3, in the
case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site
plan, the municipal agency shall condition any approval that it grants
upon timely receipt of a favorable report on the application by the
County Planning Board or approval by the County Planning Board by
its failure to report thereon within the required time period.
D.
The municipal agency may impose such other conditions
as it deems appropriate.
E.
In all cases the municipal agency shall include a
condition of approval setting forth the time within which all conditions
of approval must be satisfied by the applicant. Failure of the applicant
to meet all conditions of approval within the time specified or within
such extensions thereof as the municipal agency may, from time to
time, grant upon the request of the applicant shall render any approvals
null and void.
[Amended 6-7-2021 by Ord.
No. 21-15C]
A.
The approvals of the Land Use Board shall expire as follows.
(1)
All variances shall expire nine months from the date of the resolution
approved by the Land Use Board unless all required zoning and construction
permits relating to the variance are approved within that nine-month
time period. In the event the zoning and/or construction permits are
successfully challenged on appeal, lawfully revoked, or expire, the
variances shall expire therewith.
(2)
A final approval of a site plan shall grant the applicant vested
rights against changes in the zoning requirements for a period of
two years from the date of the resolution approved by the Land Use
Board pursuant to N.J.S.A. 40:55D-52. Site plan approval may be extended
as provided by N.J.S.A. 40:55D-1 et seq., but approval shall expire
upon the expiration of any extensions granted. Where the applicant
fails to perform pursuant to and/or comply with the site plan approval
within those two years and any extensions granted, the applicant shall
thereafter be subject to any changes in the zoning requirements and
may need to file a new application for site plan approval. Unless
an extension is granted, all site plan approvals not acted upon and
complied therewith shall expire two years and 30 days following the
date of the resolution approved by the Land Use Board. If an extension
is granted, the site plan approval shall expire at the time the extension
ends if the site plan approval is not acted upon and complied therewith.
(3)
Vested rights and the expiration of subdivision approvals are governed
by N.J.S.A. 40:55D-1 et seq.
B.
In the event during the period of approval heretofore or hereafter
granted to an application for development, the developer is barred
or prevented, directly or indirectly, from proceeding with the development
otherwise permitted under such approval by a legal action instituted
by any state agency, political subdivision, or other party to protect
the public health, welfare, or safety, or by a directive or order
issued by any state agency, political subdivision, or court of competent
jurisdiction to protect the public health, welfare, or safety and
the developer is otherwise ready, willing, and able to proceed with
said development, the running of the period of approval shall be suspended
for the period of time said legal action is pending or such directive
or order is in effect.
Pursuant to the provisions of N.J.S.A. 40:55D-39
and N.J.S.A. 40:55D-65, every application for development submitted
to the Planning Board shall be accompanied by proof that no taxes
or assessments for local improvements are due or delinquent on the
property which is the subject of such application; or if it is shown
that taxes or assessments are delinquent on said property, any approvals
or other relief granted by the Board shall be conditioned upon the
prompt payment of such taxes or assessments. Certification by the
Township Tax Collector must be provided to the Board prior to final
approval.
After the date an appeal is taken from the decision
of a municipal officer or the submission of a complete application
for development to the administrative officer, the approving authority
shall render its decision within the maximum number of days as specified
below or within such further time as may be consented to by the applicant.
Where more than one (1) type of application is involved, the longer
time period shall apply.
|
Type of Application
|
Time Period
(days)
| |
|---|---|---|
|
Site plans:
| ||
|
Minor
|
45
| |
|
Preliminary approval
| ||
|
10 acres or less, 10
units or fewer
|
45
| |
|
More than 10 acres or
10 units
|
95
| |
|
Final approval
|
45
| |
|
Subdivisions:
| ||
|
Minor
|
45
| |
|
Preliminary approval
| ||
|
10 lots or fewer
|
45
| |
|
More than 10 lots
|
95
| |
|
Final approval
|
45
| |
|
Conditional use authorization
|
95
| |
|
Variance
|
120
| |
|
Appeal from the decision of a municipal officer
|
120
| |
|
Direction for issuance of a building permit
|
120
| |
A developer whose proposed development requires a variance or direction of the issuance of a permit may elect to submit a separate application requesting the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate granting of the variance or direction of the issuance of a permit shall be conditioned upon the granting of all required subsequent approvals by the same approving authority. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and this chapter. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided in the chapter for the approval in question, and any special vote shall not be required. In the event that the developer elects to submit separate consecutive applications, the time period for granting or denying each separate application shall be as provided in § 18-10 above.
A.
All new applications for development shall be subject
to the provisions of this chapter. Within 45 days of submission of
any application for development, the administrative officer shall
notify the developer in writing if an application for development
is found to be incomplete or it shall be deemed to be properly submitted
and constitute a complete application 45 days after the submission.
If a developer is notified that an application for development is
incomplete, the administrative officer shall further notify the developer
within 45 days of submission of all the additional plans and supporting
documentation requested if an application for development is still
found to be incomplete or it shall be deemed to be properly submitted
and constitute a complete application 45 days after submission of
all the additional plans and supporting documentation requested.
B.
All applications for development filed prior to the
effective date of this chapter may be continued, subject to the following:
(1)
The time limits for approval by the municipal agency set forth within this chapter shall not apply unless the developer shall notify the municipal agency in writing that he or she desires the application to be considered within such time limits. Such letter of notification from the developer shall constitute the filing of a new application for development subject to the provisions of § 18-2 and all other provisions of this chapter.
(2)
If the developer does not notify the municipal agency
that he or she desires the application for development to be considered
within the time limits set forth in this chapter, such application
for development shall be processed and acted upon pursuant to the
procedures heretofore in effect at the time of such application.
(3)
All approvals granted after the effective date of
this chapter shall confer upon the applicant all the rights set forth
in this chapter.
[Amended 12-28-2006 by Ord. No. 06-43C; 8-5-2011 by Ord. No.
11-21C]
A.
Prior to any applicant making application to the nine-member Planning
Board of Long Beach Township for any relief, be it for site plan approval,
subdivision approval or variance from the strict terms and conditions
of the Zoning Ordinance of Long Beach Township, the applicant shall
submit evidence in affidavit form to the Secretary of the nine-member
Planning Board that the applicant meets the definition of the term
"developer" as that term is defined in N.J.S.A. 40:55D-4.
B.
Once the affidavit in Subsection A has been submitted, the applicant may submit an application for such relief as the applicant may seek. The application shall include a Township of Long Beach Land Use Board Checklist in the following form:[1]
[1]
Editor's Note: Said checklist is included at the end of this chapter.
[Added 12-28-2006 by Ord. No. 06-43C]
Fees for land use applications shall be as may
from time to time be fixed by the Board of Commissioners of the Township
of Long Beach by resolution.
[Added 12-28-2006 by Ord. No. 06-43C]
In addition to any other fees and deposits required by Chapter 18 of this Code, the applicant shall reimburse the municipality for all reasonable inspection fees incurred by the municipality for inspections required as a result of water and sewer connections necessitated by any development and improvement approval.
[Added 12-28-2006 by Ord. No. 06-43C]
A.
An applicant shall be responsible to reimburse the
Township for the costs of professional services incurred and paid
by the Township for processing of an application for development before
a municipal agency, review and preparation of documents, inspection
of improvements or other such purposes, such as, but not limited to:
(1)
Charges for reviews by professional personnel of applications
and accompanying documents;
(2)
Issuance of reports by professional personnel to the
municipal agency setting forth recommendations resulting from the
review of any documents submitted by applicants;
(3)
Charges for any telephone conference requested or
initiated by the applicant, his attorney or any of his representatives
or experts;
(4)
Review of additional documents submitted by applicant
and issuance of reports related thereto;
(5)
Review of preparation of easements, developers' agreements,
deeds, resolutions or the like;
(6)
Preparation for an attendance at special meetings;
(7)
The cost of expert advice or testimony obtained by
the municipal agency for the purpose of corroborating testimony of
applicant's expert.
B.
The term "professional personnel" or "professional
services" as used here shall include the services of a duly licensed
engineer, surveyor, planner, attorney, realtor, appraiser or other
expert who will provide professional services to insure the application
meets performance standards set forth in Township ordinances, and
other experts whose testimony is in an area in which the applicant
has presented expert testimony.
C.
Except as otherwise provided herein, the cost of the
professional review of applications shall be paid prior to the matter
being heard by the approving authority, and the payment of such fees
shall be a prerequisite to the application being considered being
a complete application. No plat or site plan shall be signed, nor
any zoning permits, building permits, certificates of occupancy or
any other type of permits be issued with respect to any approved application
for development until all bills for reimbursable services have been
received by the municipality for professional personnel rendering
services in connection with such application, and payment has been
approved, payment has been made, and the Township reimbursed, or applicant
has otherwise deposited sufficient amounts to cover all reimbursable
items.
D.
No professional personnel submitting charges to the
municipality for any of the services referred to herein shall charge
for any of the services contemplated at any higher rate or in any
different manner than would normally be charged a municipality for
similar work as ascertained by the professional's contract of employment
with the municipality or provisions of the Municipal Salary Ordinance.
Payment of any bill rendered by the professional to the municipality
with respect for any service for which the municipality is entitled
to reimbursement under this article shall in no way be contingent
upon receipt of reimbursement by the applicant, nor shall any payment
to a professional be delayed pending reimbursement from an applicant.
E.
In addition to any other fees or escrow deposits required
by this chapter, applicants shall be required to post a deposit toward
reasonably anticipated municipal expenses for professional personnel
and services as required by the Land Use Board with due regard to
the scale and complexity of the proposed development.
(1)
All payments charged to the deposit shall be pursuant
to vouchers from the professional stating the hours spent, the hourly
rate and the expenses incurred. The municipality shall render a written
final accounting to the applicant on the uses to which the deposit
was put. Thereafter, the municipality shall upon written request provide
copies of the vouchers to the applicant. lf the salary, staff support
and overhead are provided by the municipality, the charge to the deposit
shall not exceed 200% of the sum of the products resulting from multiplying
the hourly base salary of each of the professionals by the number
of hours spent by the respective professional on review of the application
for development or the applicant's improvements, as the case may be.
For other professionals, the charge to the deposits shall be at the
same rate as all other work of the same nature by the professional
for the municipality.
(2)
If at any time during the review procedure 75% of
the deposit money posted shall have been expended, the applicant shall
be required to post such additional sums as may be required to cover
additional anticipated municipal expenses for professional services.
F.
The applicant shall deposit for such inspection fees and deposit
not to exceed, except for extraordinary circumstances, the greater
of $500 or 5% of the cost of improvements, which said costs shall
be estimated and determined by the Township Engineer based on documented
construction costs for public improvements prevailing in the general
area of the Township.
[Amended 2-5-2018 by Ord.
No. 18-03C]
(1)
When the balance on deposit drops to 10% of the reasonably anticipated
fee because the amount deposited by the applicant has been reduced
by the amount paid to the Township Engineer for inspections, the applicant
shall deposit such additional fees as the Township Engineer may reasonably
determine to be necessary in order to complete the anticipated inspection
fees. The Township Engineer shall not perform any inspections if sufficient
funds to pay for those inspections are not on deposit.
[Added 12-28-2006 by Ord. No. 06-43C]
A.
Any and all fees paid to the Land Use Board in support
of any application, other than application fees, shall be deposited
by the Treasurer of the Township of Long Beach in a dedicated land
use trust account.
B.
The dedicated land use trust account shall be maintained
in a banking institution or savings and loan association in the State
of New Jersey insured by an agency of the federal government or in
any other fund or depository approved by the State of New Jersey for
such deposits, such account bearing interest at not less than the
minimum rate currently paid by the institution or depository on time
or savings deposits.
C.
The Township shall notify the applicant in writing
of the name and address of the institution or depository in which
the dedicated land use trust account is maintained and shall provide
the amount of the deposit.
D.
The Township 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, that entire amount shall belong
to the applicant and shall be refunded to him by the Township annually
or at the time the deposit is repaid or applied to the purposes to
which it was deposited, as the case may be; except that the Township
may retain for administrative expenses a sum equivalent to no more
that 33 1/3% of that entire amount, which shall be in lieu of
all other administrative and custodial expenses related to such deposit.
