[HISTORY: Adopted by the Mayor and Council of the Borough of River Edge 9-21-1999 by Ord. No. 1263. Amendments noted where applicable.]
[Amended 5-15-2006 by Ord. No. 1537]
In addition to the application fees called for in the Code of the Borough of River Edge, an applicant shall be responsible to reimburse the municipality or a municipal agency or approving authority for all expenses and fees incurred by the municipality or municipal agency or approving authority for the services of professional personnel required to process an application for development, including review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55-D-1 et seq. The municipality 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 applicants or applicants' professionals. If an applicant shall request a special meeting of the Planning Board or Zoning Board of Adjustment to hear any part of the applicant’s application, the applicant shall be responsible for all professional services of professional personnel and for expenses and fees incurred by the Borough for any recording secretary or stenographer appearing at any special meeting.
No plots or site plans shall be signed or approved nor shall any zoning permits, building permits, certificates of occupancy, resolutions of approval or other types of permits be issued with respect to any application until an applicant has deposited with the Chief Financial Officer an amount which the applicant and the municipality or the municipal agency or approving authority agree is sufficient to satisfy the estimated expenses and fees incurred by the municipality or the municipal agency or approving authority to pay professional personnel for professional services. No bill for professional services shall be paid from said deposit unless approved by the municipality or municipal agency or approving authority. If the amount deposited by an applicant exceeds the actual cost of professional services, as approved by the municipality or municipal agency or approving authority, the applicant shall be entitled to a return of the excess, together with such interest as allowed pursuant to N.J.S.A. 40:55D-53.1. If the actual cost of professional services exceeds the amount deposited, the applicant shall immediately pay such additional amount as is required to pay all actual costs of professional services.
The term "professional personnel" or "professional services" as used herein shall include the services of a duly licensed engineer, surveyor, planner, attorney, realtor, appraiser, architects, landscape architects, noise engineers and traffic engineers or other expert who would provide professional services to ensure an application meets performance standards set forth in the ordinance and other experts whose testimony is in an area in which the applicant has presented expert testimony. No applicant shall be charged for any municipal clerical or administrative functions, overhead expenses, meeting room charges or any of the municipal costs and expenses, except as provided for specifically by statute, nor shall a municipal professional add any such charge to his bill.
Any application for development, as defined by this chapter, or any other ordinance by the Borough of River Edge or any law of the State of New Jersey, shall be deemed "incomplete" if adequate escrows are not placed on deposit with the municipality in accordance with the provisions of this chapter. The escrows as required by this chapter shall be replenished by the applicant upon reasonable notice of the municipality for any additional escrows and the applicant's obligation to maintain adequate escrows shall continue throughout the course of an application for a development through the point of occupancy of that development or portion thereof contained within that application.
Professional personnel submitting charges to the municipality or municipal agency or approving authority for any of the services referred to in § 201-1 of this chapter shall not charge for any of the services contemplated by that section at any higher rate or in any different manner than would normally be charged in the municipality or by the municipal agency or approving authority for similar work as ascertained by the professional's contract of employment with the municipality or by resolution or by provisions of this chapter. Payment of any bill rendered by a professional to the municipality with respect to any service for which the professional is entitled reimbursement under this chapter shall in no way be contingent upon receipt of reimbursement from an applicant. The professional is responsible to alert the municipality of potential deficits occurring with a particular escrow account so that the municipality may have adequate time to collect the potential shortage in the account.
Deposits received pursuant to § 201-1 of this chapter shall be deposited in a fund or depository approved for such deposits by the state in an account bearing interest at the maximum rate currently paid by the institution or depository on time or saving deposits. All deposits received pursuant to this chapter shall be held and administered in accordance with the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and in particular, N.J.S.A. 40:55D-53.2, including all rights of appeal and the appeal procedures that is provided under N.J.S.A. 40:55D-53.4 within that statute. The municipality shall notify the applicant, in writing, of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The municipality 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 municipality annually or at the time the deposit is repaid or applied to the purpose for which it was deposited, as the case may be; except that the municipality may retain for administrative expenses a sum equivalent to no more than 33 1/3% of the entire amount which shall be in lieu of all other administrative and custodial expenses.
[Amended 2-21-2005 by Ord. No. 1487]
Minor subdivision: for development of three or less lots as defined by the Borough Ordinance::
Redevelopment application: Any application for major site plan approval or minor site plan approval or major subdivision approval or minor subdivision approval on any lot located in an area designated by the governing body as an area in need of redevelopment shall require an escrow deposit of $50,000 for professional services connected therewith, including but not limited to legal services, engineering services, planning services, services relative to affordable housing regulations and compliance and other professional services the Borough or any applicable board may deem necessary.
[Added 5-15-2006 by Ord. No. 1537; amended 7-7-2008 by Ord. No. 1622]
Editor's Note: Former Subsections G, regarding soil movement permits for fewer than 100 cubic yards of soil, and H, regarding 100 or more cubic yards of soil, both added 4-7-2008 by Ord. No. 1609, which immediately follwed this subsection, were repealed 7-7-2008 by Ord. No. 1621.
Soil movement application: $250.
[Added 8-3-2009 by Ord. No. 1662]