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.
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.
[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.
(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.
[b] Preliminary site plan: $1,000.
[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.
[3]
Conditional use.
[a] A conditional use application:
$400.
[b] Redevelopment Authority review:
$1,000.
[4]
Use variance.
[a] Use variance application pursuant
to N.J.S.A. 40:55D-70d: $500.
[b] 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.