No construction permit and no certificate of
occupancy shall be issued by the Zoning Officer except upon application
therefor in conformity with all the provisions of this chapter. No
sign erection permit shall be issued by the Zoning Officer except
upon application therefor in conformity with the terms of this chapter.
Any person who violates any of the provisions of the chapter or who fails to comply with any of the requirements thereof or who erects, raises, moves, extends, enlarges, alters or demolishes any structure in violation of any detailed statement or plan submitted hereunder or who puts into use any lot or premises in violation of any detailed statement or plans submitted hereunder or who refuses reasonable opportunity to inspect any premises shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be punishable as provided in Chapter
1, General Provisions, Article
I, General Penalty. Each day during or on which a violation occurs or continues shall be deemed a separate offense.
In addition to the filing fees and any other
fees or payments required by this chapter, the applicant for any development
application, appeal or other matter pursuant to this chapter shall
be responsible to reimburse the Borough for payments made to professionals
for services rendered to the Borough related to such application,
appeal or other matter. The following provisions shall apply to such
payments:
A. Initial deposits for professional services. The following
escrow fees shall be collected by the Secretary at the time of the
filing of the application. These fees are to be applied for the review
of applications by the professional staff/consultants and shall include
all office review, phone correspondence, preparation of reports, conferences,
appearance at meetings, or other purposes under the provisions of
this chapter or the Municipal Land Use Law. For purposes of this section,
professional staff shall include the Borough Planner, Borough Engineer
and Board attorneys, and such other professionals as may be deemed
necessary by the Planning Board to review an application. Deposits
shall be paid by personal check, certified check, cashier's check
or bank money order. In the case of proposals requiring a combination
of approvals, such as subdivision, site plan and/or variance(s), the
applicant shall deposit an amount equal to the sum of the deposits
required for each application. In the event that there is no new schedule
of fees filed by the professionals, the schedule previously filed
by the professional shall prevail.
B. Subsequent deposits for professional services. In
the event that the amount in the individual account for professional
services should become depleted to less than 25% of the initial deposit
required by this chapter, and if the Secretary determines that additional
funds are necessary to cover the cost of processing said application,
the Secretary shall notify the applicant immediately of such depletion.
Upon receiving such notice, the applicant shall deposit additional
funds as necessary to make the amount in the account not less than
50% of the initial deposit required by this chapter for professional
services.
C. Failure to maintain deposit for professional services.
If the required funds for professional services are not deposited
in a timely manner, the Secretary shall notify the Borough agency
having jurisdiction over the application and shall send copies of
said notification to the Borough Finance Director. Upon receipt of
the cost of notification, the Finance Officer shall immediately inform
the Mayor and Council of said notification. No further action shall
be taken on the application unless the deposits have been made by
the applicant as required above. In the event that the time for action
by a Borough agency as required by this chapter shall expire prior
to the payment of the required deposits, the reviewing agency shall
have the option of dismissing the application.
D. Vouchers for payment of professional services. All
payments charged to a deposit required by this section shall be made
pursuant to written monthly vouchers for each application from the
professional(s), stating the hours spent, the hourly rate and the
expenses incurred. The Borough shall render a written final accounting
to the applicant on the uses to which the deposit was put.
E. Procedure for payment of vouchers; appeals of charges.
The following procedure shall apply to the payment of vouchers for
professional services pursuant to this section:
(1) Upon receipt of any vouchers for payment of professional
services, the Secretary shall submit a copy of said voucher to the
applicant.
(2) Within 14 days of the mailing of said vouchers, the
applicant may request in writing a hearing on the reasonableness of
the charges contained in said vouchers. Any such hearing shall be
held by the Borough agency with jurisdiction over the application.
(3) In the event the applicant requests such hearing,
no payments shall be made pursuant to the disputed voucher(s) until
the Borough agency shall have ruled on the appeal. If the Borough
agency find in favor of the applicant, payment pursuant to said voucher(s)
shall be adjusted accordingly.
(4) All vouchers for payment of professional services
pursuant to this section shall be submitted to the Borough agency
for whom the services were performed. The Borough agency shall at
a public hearing approve or deny payment of the vouchers. No voucher
shall be denied payment without giving the professional submitting
the voucher an opportunity to be heard concerning the reasonableness
of said voucher.
(5) If no hearing is requested as outlined above, or if
the Borough agency finds in favor of the professional, payment shall
be made pursuant to the voucher.
(6) If approved by the Borough agency, the voucher shall
be directed to the Borough Finance Director for reimbursement to the
professional for services rendered.
The submission of an application for either
preliminary or final plat approval shall be accompanied by a completed
application form and the appropriate completed checklist as adopted
as part of this chapter. (See Appendix A.)