A.
No application shall be granted final approval by
the Board until the completion of all required improvements have been
certified in writing to the Board by the Borough Engineer, unless
the applicant shall have filed with the Borough a performance guarantee
for the purpose of assuring the installation and maintenance of on-tract
improvements:
(1)
Performance guarantee.
(a)
The furnishing of a performance guarantee in
favor of the municipality in an amount not to exceed 120% of the cost
of installation, which cost shall be determined by the Borough Engineer
according to the method of calculation set forth in Section 15 of
P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4), for improvements which the
approving authority may deem necessary or appropriate. Such improvements
may include streets, grading, pavement, gutters, curbs, sidewalks,
street lighting, shade trees, surveyor's monuments, as shown on the
final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A.
46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary
sewers or other means of sewage disposal, drainage structures, erosion
control and sedimentation control devices, public improvements of
open space and, in the case of site plans only, other on-site improvements
and landscaping.
(b)
The Borough Engineer shall prepare an itemized
cost estimate of the improvements covered by the performance guarantee,
which itemized cost estimate shall be appended to each performance
guarantee posted by the obligor.
(2)
Maintenance guarantee. There shall be provision
for a maintenance guarantee to be posted with the governing body for
a period not to exceed two years after final acceptance of the improvement,
in an amount not to exceed 15% of the cost of the improvement, which
cost shall be determined by the Borough Engineer according to the
method of calculation set forth in Section 15 of P.L. 1991, c. 256
(N.J.S.A. 40:55D-53.4). In the event that other governmental agencies
or public utilities will own the utilities to be installed or the
improvements are covered by a performance or maintenance guarantee
to another governmental agency, no performance or maintenance guarantee,
as the case may be, shall be required by the municipality for such
utilities or improvements.
B.
The time allowed for installation of the improvements
for which the performance guarantee has been provided may be extended
by the governing body by resolution. As a condition or as part of
any such extension, the amount of any performance guarantee shall
be increased or reduced, as the case may be, to an amount not to exceed
120% of the cost of the installation, which cost shall be determined
by the Borough Engineer according to the method of calculation set
forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4) as
of the time of the passage of the resolution.
C.
If the required improvements are not completed or
corrected in accordance with the performance guarantee, the obligor
and surety, if any, shall be liable thereon to the municipality for
the reasonable cost of the improvements not completed or corrected
and the municipality may either prior to or after receipt of the proceeds
thereof complete such improvements. Such completion or correction
of improvements shall be subject to the public bidding requirements
of the Local Public Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1
et seq.).
D.
List of incomplete improvements.
(1)
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the Borough Clerk, that the Borough Engineer prepare, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection A of this section, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Borough Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Borough Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
(2)
The list prepared by the Borough Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Borough Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection A of this section.
E.
Approval or rejection of improvements by governing
body.
(1)
The governing body, by resolution, shall either
approve the improvements determined to be complete and satisfactory
by the Borough Engineer, or reject any or all of these improvements
upon the establishment in the resolution of cause for rejection, and
shall approve and authorize the amount of reduction to be made in
the performance guarantee relating to the improvements accepted, in
accordance with the itemized cost estimate prepared by the Borough
Engineer and appended to the performance guarantee pursuant to subsection
a. of this section. This resolution shall be adopted not later than
45 days after receipt of the list and report prepared by the Borough
Engineer. Upon adoption of the resolution by the governing body, the
obligor shall be released from all liability pursuant to its performance
guarantee, with respect to those approved improvements, except for
that portion adequately sufficient to secure completion or correction
of the improvements not yet approved, provided that 30% of the amount
of the performance guarantee posted may be retained to ensure acceptable
completion of all improvements.
(2)
If the Borough Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection D of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Borough Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(3)
If the governing body fails to approve or reject the improvements determined by the Borough Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Borough Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection A of this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(4)
In the event that the obligor has made a cash
deposit with the municipality or approving authority as part of the
performance guarantee, then any partial reduction granted in the performance
guarantee pursuant to this subsection shall be applied to the cash
deposit in the same proportion as the original cash deposit bears
to the full amount of the performance guarantee.
F.
If any portion of the required improvements is rejected,
the approving authority may require the obligor to complete or correct
such improvements and, upon completion or correction, the same procedure
of notification, as set forth in this section shall be followed.
G.
Nothing herein, however, shall be construed to limit
the right of the obligor to contest by legal proceedings any determination
of the governing body or the Borough Engineer.
H.
The obligor shall reimburse the municipality for all
reasonable inspection fees paid to the Borough Engineer for the foregoing
inspection of improvements; provided that the municipality may require
of the developer a deposit for the inspection fees in an amount not
to exceed, except for extraordinary circumstances, the greater of
$500 or 5% of the cost of improvements, which cost shall be determined
pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
For those developments for which the reasonably anticipated fees are
less than $10,000 dollars, fees may, at the option of the developer,
be paid in two installments. The initial amount deposited by a developer
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 developer has been reduced by the amount
paid to the Borough Engineer for inspection, the developer 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 developer, be paid in four installments.
The initial amount deposited by a developer 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 developer
has been reduced by the amount paid to the Borough Engineer for inspection,
the developer shall make additional deposits of 25% of the reasonably
anticipated fees. The Borough Engineer shall not perform any inspection
if sufficient funds to pay for those inspections are not on deposit.
I.
In the event that final approval is by stages or sections
of development pursuant to Subsection a. of Section 29 of P.L. 1975,
c. 291 (N.J.S.A. 40:55D-38), the provisions of this section shall
be applied by stage or section.
J.
To the extent that any of the improvements have been
dedicated to the municipality on the subdivision plat or site plan,
the Borough governing body shall be deemed, upon the release of any
performance guarantee required pursuant to subsection a. of this section,
to accept dedication for public use of streets or roads and any other
improvements made thereon according to site plans and subdivision
plats approved by the approving authority, provided that such improvements
have been inspected and have received final approval by the Borough
Engineer.
K.
Inspection and tests.
(1)
All improvements and utility installations shall
be inspected during the time of their installation by the Borough
Engineer. On-site private improvements relating to drainage, landscaping
and circulation as shown on an approved final subdivision or site
plan shall also be subject to inspection and approval by the Borough
Engineer. The cost of said inspection shall be the responsibility
of the owner, who shall deposit with the Borough Treasurer a fee in
accordance with the Borough Fee Ordinance.
(2)
In no case shall any improvements or utility
installation be done without permission from the Borough Engineer.
At least two working days' notice shall be given to the Borough Engineer
prior to any construction so that the Borough Engineer or a qualified
representative may be present at the time the work is to be done.
(3)
Streets shall not be paved with a wearing course
until all heavy construction is completed. Shade trees shall not be
planted until all grading and earthmoving is completed. The seeding
of grass and the placing of the surveyor's monuments shall be among
the last operations. No underground installation shall be covered
until inspected and approved by the appropriate official. If, during
installation of any of the required improvements, the developer fails
to meet specification requirements or to correct unacceptable work,
the developer shall be notified in writing by certified mail that
the developer has failed to comply with specifications or to correct
unacceptable work, and said notice shall set forth in detail what
has not been properly installed. If, within 10 days after mailing,
the developer has failed to perform in accordance with the notice,
the Borough shall then cause a stop work order to be served upon the
developer, and a copy shall be sent to the governing body and Planning
Board. All work shall cease until the Construction Code Official is
satisfied that all specifications are adhered to or the unacceptable
work is corrected.
(4)
Inspection by the Borough of the installation
of improvements and utilities shall not operate to subject the Borough
to any future liability, including liability for claims or suits,
that may arise because of defects or negligence during construction
or at any time thereafter. The responsibility to maintain safe conditions
at all times during construction and to provide proper utilities and
improvements is upon the owner and the owner's contractors, if any.
(5)
Upon the completion or substantial completion
of all required utility improvements and connection to the public
system, the obligor may notify the Borough Council, in writing, by
certified mail in care of the Borough Clerk, of the completion or
substantial completion of the improvements and shall simultaneously
send a certified copy of such notice to the Borough Engineer. Within
10 working days following receipt of the notice, the Borough Engineer
shall inspect all the improvements of which such notice has been given
and file a detailed report, in writing, with the Borough Council,
indicating either approval, partial approval or rejection of such
improvements with a statement of the reasons for any total or partial
rejection. The costs of the improvements as approved or rejected shall
be set forth.
L.
Conditions and acceptance of improvements. The approval
of any application for development by the Borough shall in no way
be construed as acceptance of any street or drainage system or any
other improvement, nor shall such approval obligate the Borough in
any way to exercise jurisdiction over such street or drainage system
or other improvement.
(1)
The governing body shall not accept any road
or other improvements into the municipal road system or for municipal
ownership until the maintenance guarantee has been posted and all
deficiencies are corrected or repaired. The Borough may, however,
undertake to remove snow and perform other municipal services as may
be required on the roads prior to final acceptance, if the applicant
presents a written request to the governing body and agrees in said
request to hold the Borough harmless for any damages to the roads
or public improvements caused by snow removal or other municipal activities.
(2)
The governing body need not accept any roads
or other improvements if the roads or other improvements will be used
by the developer to complete other portions of the development.
A municipality shall not require that a maintenance
guarantee required pursuant to Section 41 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-53) be in cash or that more than 10% of a performance guarantee
pursuant to that section be in cash. At the developer's option, some
or all of a maintenance guarantee may be in cash, or more than 10%
of a performance guarantee in cash.
The cost of the installation of improvements
for the purposes of Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53)
shall be estimated by the Borough Engineer based on documented construction
costs for public improvements prevailing in the general area of the
municipality. The developer may appeal the Borough Engineer's estimate
to the governing body. The governing body shall decide the appeal
within 45 days of receipt of the appeal in writing by the Borough
Clerk. After the developer posts a guarantee with the Borough based
on the cost of the installation of improvements as determined by the
governing body, legal action may be instituted within one year of
the posting in order to preserve the right to a judicial determination
as to the fairness and reasonableness of the amount of the guarantee.
The approving authority shall, for the purposes
of Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53), accept a
performance guarantee or maintenance guarantee which is an irrevocable
letter of credit if it:
A.
Constitutes an unconditional payment obligation of
the issuer running solely to the municipality for an express initial
period of time in the amount determined pursuant to Section 41 of
P.L. 1975, c. 291 (N.J.S.A. 40:55D-53);
B.
Is issued by a banking or savings institution authorized
to do business in this state;
C.
Is for a period of time at least one year; and
D.
Permits the municipality to draw upon the letter of
credit if the obligor fails to furnish another letter of credit which
complies with the provisions of this section 30 days or more in advance
of the expiration date of the letter of credit or such longer period
in advance thereof as is stated in the letter of credit.
A.
No building permit shall be issued until a plat or
site plan has received final approval (by posting a bond or installing
improvements) and the plat, if a subdivision, has been duly filed
in the County Clerk's office.
B.
In the event that the applicant proposes to install
improvements prior to final subdivision or site plan approval, building
permits may be issued only after installation, inspection and approval
by the Borough Engineer of all:
No certificate of occupancy shall be issued
for any building or structure until all improvements as shown on the
approved plans shall have been installed by the developer and approved
by the Borough Engineer and a certificate of compliance from the Soil
Conservation Service has been issued, except that a certificate of
occupancy may be issued if the following conditions are met:
A.
The Borough Engineer shall certify in writing to the
Construction Code Official that all required utility improvements,
curbs and/or gutters and the intermediate course of the road have
been installed, inspected and approved, and that the best interests
of the Borough require a delay for engineering reasons before the
developer completes the other improvements. The developer shall post
a cash bond in the amount approved by the Engineer for that portion
of the improvements yet to be completed and for maintenance of those
completed in the particular section for which certificates of occupancy
have been requested.
B.
The developer shall notify each homeowner on forms
supplied by the Clerk that he/she has deposited funds with the Borough
to guarantee the completion and maintenance of the required improvements,
and a copy thereof, together with proof of service, shall be filed
with the Construction Code Official. The maintenance guarantee shall
remain in effect for two years from the date of approval of the improvement
by the Borough Engineer.
C.
Prior to the issuance of a certificate of occupancy
for a lot or site awaiting landscaping, the developer shall have graded
the land or lot to which the certificate of occupancy applies in a
manner approved by the Borough Engineer to ensure proper drainage
and to have installed appropriate measures to prevent soil erosion
and sedimentation.
D.
In the event that a certificate of occupancy is requested
for a subdivision or site plan on which improvements which will not
be turned over to the Borough remain to be completed or installed,
the Borough may require a cash bond be posted to assure the completion
or installation of said private improvements.
A.
As a condition for approval for all subdivisions or
site plans hereafter submitted to the Planning Board or Board of Adjustment,
the Board may require, in accordance with the standards adopted by
this chapter, a developer to pay his/her pro rata share of the cost
of providing only reasonable and necessary street improvements and
water, sewerage and drainage facilities, and easements therefor, located
outside the property limits of the subdivision or development but
necessitated or required by construction or improvements within such
subdivision or development. Such regulations shall be based on circulation
and comprehensive utility service plans pursuant to N.J.S.A. 40:55D-28b.
Where a developer pays the amount determined to be the pro rata share
under protest, he/she shall institute legal action within one year
of such payment in order to preserve the right to a judicial determination
as to fairness and reasonableness of such amount.
B.
The allocation of costs for any off-tract improvement
shall be determined and apportioned in accordance with the following
standards:
(1)
The Board shall estimate, with the assistance
of the Borough Engineer and such other persons having pertinent information
or expertise, the cost of the improvement and the amount by which
all properties to be serviced thereby, including the subdivision property,
will be specially benefited therefrom.
(2)
Upon estimating the cost of the improvement as provided in Subsection B(1) above, the Board may require that the subdivider provide, as a condition for approval of the subdivision application, a bond (or a cash deposit in lieu thereof) to ensure payment to the municipality, satisfactory to the Borough Attorney, in one of the following amounts:
(a)
If the improvement is to be constructed by the
Borough as a general improvement, an amount equal to the difference
between the estimated cost of the improvement and the estimated total
amount by which all properties to be serviced thereby, including the
subdivision property, will be specially benefited by the improvement.
(b)
If the improvement is to be constructed by the Borough as a local improvement, then, in addition to the amount referred to in Subsection B(2)(a), the estimated amount by which the development property will be specially benefited by the improvement.
(c)
If the improvement is to be constructed by the
subdivider, an amount equal to the estimated cost of the improvement;
provided, however, that if the improvement benefits properties other
than the subdivision property, the Borough of North Arlington shall
reimburse the subdivider for all sums not attributable to the subdivision
property, provided further that, in computing said sums, the subdivider
shall not be reimbursed with the amount by which the subdivision property
was specially benefited.
(3)
If the improvement is constructed by the Borough, the actual cost shall be established, and the subdivider shall be required to pay only his/her appropriate share of the cost as established by Subsection B(2) above.
(4)
If the improvement is constructed as a local improvement, as provided by Subsection B(2) and the subdivider disputes the determination made by the Tax Assessor as to the special benefit received by the subdivision property by reason of the improvement, its remedy shall be the appeal procedure set forth in N.J.S.A. 40:56-54 and 40:56-55.
C.
Standards to determine degree of benefit. In determining
what degree properties not part of the subdivision have been specially
benefited and to what degree the need for the off-tract improvement
was created by the proposed subdivision, the Board may consider the
following:
(1)
Road, curb, gutter and sidewalk improvements
may be based upon the anticipated increase of traffic generated by
the subdivision. In determining such traffic increase, the Board may
consider traffic patterns, quality of roads and sidewalks in the area
and other factors related to the need created by the subdivision and
anticipated benefit thereto.
(2)
Drainage facilities may be based upon the percentage
relationship between the subdivision acreage and the acreage of the
total drainage basins involved.
(3)
Water supply and distribution facilities may
be based upon the added facilities required by the total anticipated
water use requirements of the subdivision.
(4)
Sewerage facilities may be based upon the proportion
that the subdivision's total anticipated volume of sewage effluent
bears to the existing capacity of existing and projected sewage disposal
facilities, including but not limited to lines and other appurtenances
leading to and servicing the subdivision. The Board may also consider
types of effluent and particular problems requiring special equipment
or added costs for treatment and all such requirements in accordance
with the rules and regulations of the sewage treating facility or
entity.
(5)
Electric facilities may be based upon the added
facilities required by the total anticipated electrical requirements
of the subdivision.
D.
Deposit of funds. All moneys received by the Borough
in accordance with the provisions of this section shall be paid to
the Municipal Treasurer, who shall provide for a suitable depository
therefor. Such funds shall be used only for the improvements for which
they are deposited or improvements servicing the same purpose unless
such improvements are not initiated for a period of 10 years from
the date of payment, after which time said funds shall be transferred
to the capital improvement fund of the Borough.
E.
Preliminary studies.
(1)
Any owner or contract purchaser of property
within the Borough of North Arlington contemplating development of
property in accordance with the uses permitted by the present zoning
or uses consistent with the Borough's approved Master Plan may enter
into a contract with the governing body of the Borough for the contribution
of such sums of money as are determined necessary for the performance
of preliminary studies of traffic, sewerage, waster, planning, engineering
and any other phases of review which would be necessary to review
a proposed subdivision and/or site plan for that property. The governing
body, with the recommendation of the Board, shall determine what studies,
if any, shall be conducted in reference to the property.
(2)
The amount of such a contribution given to assist
the Borough in the expeditious processing of any future site plan
and/or subdivision proposals would be credited against the application
fees for such project when and if any such applications are filed.
If no applications are filed, the moneys paid by the contract purchaser
or owner or the property shall not be reimbursed and shall be deemed
a gift or grant to the Borough of North Arlington. All information
received as a result of these preliminary studies shall be available
to the contract purchaser or owner who has contributed the cost of
having said studies performed.
[Added 7-1-2000 by Ord. No. 1879]
A.
Fees payable prior to approval. All fees as hereinafter
required shall be payable to the administrative office at the time
of filing any application for development; provided, however, that
fees required for matters relating to the Borough Council shall be
payable to the Borough Clerk. All permits, determinations, resolution
or certificates of approval are subject to the payment of all fees
provided for in this chapter and no approvals shall be given by the
approving authority until proof has been submitted to it that the
requisite fees have, in fact, been paid to the administrative officer.
Furthermore, the applicant must submit proof that no taxes or assessments
for local improvements are due or delinquent on the property before
the approving authority may act on the application.
B.
Schedule of fees and deposits. There is hereby established in connection with the various applications for development and other matters which are the subject of this chapter of the following schedule of fees. Every applicant for development shall file with the application a filing fee as indicated in the following schedule under Subsection B(1), Filing fees, in addition to technical review fees as indicated in the following schedule under Subsection B(2), Technical review fees. All filing fees submitted to the administrative officer as herein required shall be nonrefundable.
(1)
Filing fees. An application to the Planning
Board, Redevelopment Authority or Zoning Board of Adjustment for any
application for development shall be accompanied by a filing fee which
shall be used to defray the administrative costs of processing the
application as follows:
(a)
Subdivisions.
[1]
Concept plan of a minor subdivision: $50, which
shall be a credit toward fees required to be filed for technical review
escrow deposits hereinafter set forth in this chapter.
[2]
Concept plan of a major subdivision: $25 for
each lot within the subdivision, with a minimum fee of $100, which
shall be a credit toward fees required to be filed for technical review
escrow deposits hereinafter set forth in this chapter.
[3]
Minor subdivision or resubdivisions: $50, plus
$25 for each lot within the subdivision.
[4]
Preliminary plat of a major subdivision: $200
for each lot within the subdivision.
[5]
Final plat of a major subdivision: $100, plus
$40 for each lot approved within the subdivision.
(b)
Site plans.
[1]
Concept plan which would require a zone change:
$1,000.
[2]
All other concept site plans: $500, which shall
be a credit toward fees required to be filed for technical review
escrow deposits hereinafter set forth in the article.
[3]
Preliminary site plan: $200, plus $100 per acre
of lot area or fraction thereof and $100 per 10,000 square feet of
building area or fraction thereof.
[4]
Any site plan involving residential development
in the Borough: $50 for each acre or part thereof within the site,
plus $25 for each housing unit proposed within the project.
[5]
Final site plan: 75% of the fee required for preliminary site plan as set forth in Subsection B(1)(b)[3] above
(c)
Variances.
[1]
Administrative appeals. Hear and decide administrative
appeals pursuant to N.J.S.A. 40:55D-70a: $100.
[2]
Interpretation of zoning regulations. Hear and
decide interpretations of zoning regulations pursuant to N.J.S.A.
40:55D-70b: $100.
[3]
Bulk variances. Hear and decide any application
for a variance filed pursuant to N.J.S.A. 40:55D-70c: $100 for a residential
property and $250 for a nonresidential property.
[4]
Use variance. Hear and decide any application
for a use variance filed pursuant to N.J.S.A. 40:55D-70d: $300.
[5]
Any site plan processed by the Planning Board
requiring variances and any use variance processed by the Board of
Adjustment requiring site plan approval shall pay a filing fee that
equals the collective fees listed above for site plan and variances.
(d)
Conditional uses: $200.
(2)
Technical review escrow deposits and administration.
(a)
Technical review escrow deposits. In addition
to the filing fees or any other fees required in this chapter, an
applicant may be required to file with the administrative officer
an escrow deposit fee of adequate funds to cover the costs incurred
for the technical review of the application by a professional, such
as the Borough Planning Consultant, Borough Engineer, Planning Board
Attorney or any other professional consultants, if the Board determines
that such technical review services are necessary for proper consideration
of the application. The Borough Treasurer shall place all such deposits
in an escrow account in the name of the applicant and shall charge
against such account all disbursements in connection with the costs
referred to above. Technical review fees shall be calculated in accordance
with the actual time required for review at rates established by a
schedule of professional fees filed annually with the administrative
officer, which schedule shall be maintained in the office of the Borough
Clerk for public inspection. In the event of a unique, complicated
or large-scale application as determined by the designated Borough
representative, upon receipt of an application requiring escrow fees,
the Borough representative shall send a copy of the application and
one set of all maps and reports to the Borough Engineer, the approving
authority attorney and any other approving authority professional
consultants. Within seven days of the receipt of a copy of the application,
said professional consultants shall submit an estimate of the funds
sufficient in the amount to pay for the technical reviews, reports
and other services they deem will be necessary concerning the application.
If such technical review services are determined to be necessary,
the applicant shall pay to the Borough an initial deposit for technical
review fees in accordance with the following schedule or as otherwise
determined hereinabove:
[1]
Subdivisions.
[a]
Concept plan: $50 for each lot
within the subdivision.
[b]
Minor subdivision or resubdivision:
$150.
[c]
Preliminary plat of a major subdivision:
$200 for each lot within the proposed subdivision.
[d]
Final plat of a major subdivision:
$50 for each lot within the final plat of subdivision.
[e]
Redevelopment Authority review:
$1,000.
[2]
Site plans.
[a]
Concept plan: $1,000.
[b]
Preliminary site plan: $1,000.
[c]
Final site plan: $500.
[d]
If an applicant submits a preliminary
and final site plan to be processed simultaneously, the applicant
must file the appropriate fees for each as set forth in Subsections
[b] and [c] above of this section
[e]
Redevelopment Authority review:
$1,000.
(b)
Administration of technical review deposit fees.
[1]
Each technical review escrow deposit shall be
held by the Borough in a trust account separate from the general funds
of the Borough.
[2]
In the event that the funds in the escrow account
should become depleted prior to the completion of the application
procedure and additional funds are necessary to cover the cost of
processing said application, the applicant shall deposit additional
funds as determined by the Board which will be required to complete
the application process; provided, however, that said additional funds
shall not be less than 50% of the initial escrow deposit amount. In
order to expedite the processing of applications by the Borough agency,
the administrative officer shall notify the applicant immediately
upon the depletion of funds in the escrow account or as soon as insufficiency
of funds becomes evident or is expected.
[3]
The Borough agency shall not process and/or
take action on the application unless all fees and deposits required
in the manner described above shall have been paid by the applicant.
[4]
All vouchers submitted to a Borough agency by
the Planning Consultant, Board Attorney or other professionals containing
charges to be applied to an escrow account authorized and established
pursuant to this section shall specify the services performed in relation
to individually identified applications for which the charges have
been made, the hours spent, the hourly rate and the expenses incurred.
[5]
Unit charges (i.e., per diem or hourly fees,
inspection or expert testimony charges) levied by the Planning Consultant,
Board Engineer, Board Attorney or other professionals for services
applied to an escrow account authorized and approved pursuant to this
section may not exceed those unit charges contracted for and/or approved
by the Borough agency for services by said professionals.
[6]
Whenever an amount of money in excess of $5,000
shall be deposited by an applicant with the Borough for technical
review deposits pursuant to this chapter, said money, until repaid
or applied to the purposes for which it is deposited, including the
applicant's portion of the interest earned thereon, shall continue
to be the property of the applicant and shall be held in trust by
the Borough in escrow. All interest earned and paid to the applicant
shall be in conformance with Chapter 316 of the Laws of 1985. (See
N.J.S.A. 40:14B.20.1)
[7]
Any of the funds remaining in the escrow account
upon completion of the application procedure, as well as any interest
the applicant may be entitled to pursuant to Chapter 316 of the Laws
of 1985 (N.J.S.A. 40:14B.20.1), shall be returned to the applicant,
and the account shall be terminated.
[8]
The developer shall be provided with a written
final accounting on the uses to which the deposit was put. Thereafter,
the developer shall, upon written request, be provided with copies
of the vouchers.
C.
Disputed charges. An applicant shall notify the governing
body with copies to the approving authority and the professional whenever
the applicant disputes the charge made by a professional for services
rendered on behalf of the municipality in reviewing applicants for
development. 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 as prescribed in N.J.S.A.
40:55D-53.2a.
