Article VII Administration; Enforcement; Fees

Subdivisions. Any owner of land lying within the Borough shall, prior to subdividing or resubdividing of land as defined in this chapter and before conveying legal or equitable title to such subdivision or any part thereof, apply to the Planning Board for review and approval of the subdivision plat pursuant to the provisions of this chapter.

§ 165-35 Construction permits and plans; certificates of occupancy.

Site plan. Prior to the issuance of any construction permit or certificate of occupancy, as the case may be, for any new structure, addition to, or alteration of an existing structure a site plan shall be submitted to the Planning Board for its review and approval.

Enforcement. The rules, regulations and standards contained in this chapter shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough. Any action taken by the Borough under the terms of this chapter shall give primary consideration to the purposes and provisions of this chapter and to the welfare of the entire community. Moreover, if an applicant or his agent can clearly demonstrate that, because of the peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impractical or will exact undue hardship, the appropriate municipal agency may permit such exception or exceptions as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.

§ 165-34 Enforcement Officer.

It shall be the duty of the Zoning Officer to administer and enforce the provisions of this chapter and, in so doing, to inspect periodically the structures and land in the Borough, to investigate violations of the chapter coming to his attention, to serve notice upon property owners to abate any condition found to exist in violation of any provision(s) of this chapter, to sign complaints where justified and to cooperate with other Borough officials in the prosecution of violators. The enumeration herein of the duties of the Construction Code Official and Zoning Officer shall not mean that other officials and employees shall be relieved of their obligation to enforce this chapter. The Construction Code Enforcement Official and Zoning Officer or other Borough employees authorized by the Borough shall have the right to inspect any lot or building at reasonable times for the purpose of investigating possible violations of this chapter.

If the Zoning Officer finds any substantial deviation from any approved plans, he shall notify the permittee and the Borough Clerk, in writing, of the deviation. The Zoning Officer and the Borough may take such action as is provided in this chapter.

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.

§ 165-36 Stop orders and construction permit revocations.

Stop orders. In the event that a permittee shall fail to comply with any condition or regulation or provisions of an approved plan, the Borough Engineer or the Zoning Officer may issue a stop order on all construction work within the area encompassed by the approved plan, which order may include requirements for the prompt correction of adverse conditions. Thereafter, no construction work of any type shall be performed within the area of the approved plan except such work as is in accordance with the requirements of the Borough official as set forth in said order or in accordance with the approved plan.

Permit revocation. In the event of a failure to comply with any condition of an approved soil erosion and sediment control plan, tree removal plan or steep slope disturbance plan, upon recommendation of the Borough Engineer or Zoning Officer, the Borough may revoke any construction permit for any property upon which such noncompliance occurs or for any property affected by such noncompliance. The Borough may also seek to enjoin the violation or take such other steps as permitted by law.

Revocation of construction permit or certificate of occupancy. In the event of a failure to comply with any condition of final site plan approval, the Zoning Officer or Borough Engineer, on his or her initiative, may revoke the construction permit or certificate of occupancy, as the case may be, and seek to enjoin the violation or take such other steps as permitted by law.[1]

Editor's Note: Original Sec. 14-47, Appeals, which immediately followed this section, was repealed 12-20-1999 by Ord. No. O-20-99.

§ 165-37 Violations and penalties. [1]

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.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 165-38 Fees.

General.

Every application for development shall be accompanied by a payment of a fee in accordance with a schedule hereinafter set forth. The application charge is a flat fee to cover direct administrative expenses and is not refundable.

Where one application for development includes several approval requests, the sum of the individual required fees shall be paid.

No fees shall be returned to the applicant after public hearing has commenced.

(4)

If any applicant desires a court reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript for the board hearing the application shall be at the expense of the applicant, who shall arrange for the reporter's attendance.

(5)

Schedule of application fees to be paid at the time of the filing of the application.

[Amended 3-14-2022 by Ord. No. O-02-22]

Submission		Application Fee
Sketch plat for classification/concept plan		$50
Minor subdivision plat		$100
Major subdivision/preliminary		$100 + $25 per lot
Major subdivision/final		$50 + $25 per proposed lots
Site plan:
1.	For each 20,000 square feet of lot area up to 3 acres	$200
2.	For each acre over 3 acres	$300
3.	For each 1,000 square feet of floor area up to 10,000 square feet	$150
4.	For each 1,000 square feet of floor area over 10,000 square feet	$100
Variances:
1.	Appeals in accordance with N.J.S.A. 40:55D-70a	$200
2.	Interpretations in accordance with N.J.S.A. 40:55D-70b	$200
3.	Hardship applications in accordance with N.J.S.A. 40:55D-70c	$200
4.	Conditional use	$200
5.	Use in accordance with N.J.S.A. 40:55D-70d	$250
Amendments:
1.	No expansion of building or outside facility	$200
2.	If expansion is proposed, fees established for site plans apply	See site plan fees
Appeals pursuant to N.J.S.A. 40:55D-34 and 40:55D-36		$100
Zoning permit applications:
1.	Residential	$35
2.	Commercial (less than 3,000 square feet)	$100
3.	Commercial (greater than 3,000 square feet)	$200
4.	Driveway	$30
5.	Tree removal	$25

Inspection fees.

In addition to the fees set forth for the review of subdivision plans and site plans, there shall also be an inspection fee of 2.5% of the estimated cost of improvements on site plans and an inspection fee of 5% of the estimated cost of the improvements for subdivisions, as estimated by the Borough Engineer, and payable at the time of the commencement of construction. This charge shall be for the purpose of defraying the costs of inspections of the installation of the improvements required by the Planning Board.

All permits, determinations, resolutions or certificates of approval are subject to the payment of all fees required in this section.

§ 165-39 Payment for professional services; escrow deposits.

All applicants or appellants other than a department board or agency of the Borough shall pay the applicable fees unless such fee is specifically waived by the Borough Council. Such waivers shall only be considered for nonprofit organizations.

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:

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.

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.

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.

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.

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:

Upon receipt of any vouchers for payment of professional services, the Secretary shall submit a copy of said voucher to the applicant.

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.

§ 165-40 Performance and maintenance guarantees.

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.

Before execution of the final subdivision plat, as a condition of final site plan approval or as a condition to the granting of a development approval pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall have installed all improvements required by the Planning Board, except that the Borough Council may require and shall accept in accordance with the standards adopted herein for the purpose of assuring the installation and maintenance of on-tract improvements the following:

The furnishing of a performance guarantee in favor of the Borough in an amount not to exceed 120% of the cost of installation for all improvements not installed prior to final approval.

A maximum of 10% of the total guarantee required shall be in cash. All of the improvements shall be subject to inspection and approval by the Borough Engineer, who shall be notified by the developer at least 48 hours prior to the start of the construction. No underground installations shall be covered until inspected and approved.

Provision for a maintenance guarantee to be posted with the Borough Council for a period not to exceed two years after final acceptance of the improvements, in an amount not to exceed 15% of the cost of the improvement.

The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the Borough Council 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 installation as determined as of the time of the passage of the resolution.

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 Borough for the reasonable cost of the improvements not completed or corrected, and the Borough may, either prior to or after the receipt of the proceeds thereof, complete such improvements.

List of uncompleted improvements.

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 Borough Council in writing, by certified mail, 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. A copy of the request shall be sent 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 request, and shall file a written list and report with the Borough Council, with a copy to the obligor, not later than 45 days after the receipt of the obligor's request.

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 shall also 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.

Reduction of performance guarantee.

The Borough Council, 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 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. 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 Borough Council, 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 completion of all acceptability of all improvements.

In the event that the obligor has made a cash deposit with the Borough 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.

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.

Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Borough Council or the Borough Engineer.

The obligor shall reimburse the Borough for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements, provided that the Borough 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, 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 developers 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.

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.

To the extent that any of the improvements have been dedicated to the Borough on the subdivision plat or site plan, the Borough Council 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.

Building permits in a subdivision or site plan or approved subsection thereof, except for model buildings in the first subsection, will be issued only when all improvements, with the exception of the following, shall have been installed to serve all lots and structures within the subdivision or site plan or approved subsection thereof and approved by the Borough Engineer:

The final bituminous surface course of streets;

Street signs;

§ 165-42 Off-tract improvements other than sanitary sewer and water improvements.

Dry wells and swales as may be required;

Monuments;

Shade trees;

Sidewalks; and

In the case of site plans only, landscaping.

Permits for model buildings in the front subsection or 10% of the total number to be built in said subsection, whichever is less, but not to exceed six, may be issued on commencement of construction improvements.

Installation of sidewalks on a lot shall be completed prior to the issuance of a certificate of occupancy for that lot.

Notwithstanding any provision of this chapter to the contrary, upon completion of all improvements but prior to acceptance by the Borough Council of such improvements and prior to the release of any performance guarantee which may have been posted, deeds must be received, free and clear of all mortgages and encumbrances, for all fee and other property interests and improvements to be conveyed to the Borough.

A site plan bond shall be posted prior to each disturbance.

§ 165-41 Developer's agreement.

Within 90 days of the adoption of a resolution granting final subdivision approval and prior to the execution of the final subdivision plat, there shall be executed and delivered to the Borough an agreement between the developer and the Borough incorporating all of the terms and conditions of final approval. The agreement shall be drawn by the Borough and shall be executed by the owner and developer of the subdivision.

In the event that all of the improvements have not been installed within the time period set forth in the developer's agreement, the developer may request, in writing, to the Borough Council, a one-year extension of the time in which to complete all improvements. No more than two such extensions will be considered unless the developer's agreement shall be accompanied by an application fee of $300 to cover the engineering and legal fees associated with the processing of the application.

Pursuant to the powers established in N.J.S.A. 40:55D-42, the following standards are hereby promulgated with respect to determining the proportionate or pro-rata share of an applicant for a required off-tract improvement. Prior to the granting of final approval of a subdivision, the applicant shall have installed or made cash payments in the manner provided for below with respect to the immediate or ultimate installation of any required off-tract improvement.

Allocation of costs: criteria is determining allocation. The allocation of costs for off-tract improvements as between the applicant, other property owners and the Borough, or any one or more of the foregoing, shall be determined by the Planning Board with the assistance of the appropriate Borough agencies on the basis of the total cost of the off-tract improvements; the increase in market values of property affected and any other benefits conferred; the needs created by the application; population and land use projections for the general area of the applicant's property and other areas to be served by the off-tract improvements; the estimated time of construction of the off-tract improvements and the condition and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40A:22-2. The following criteria may also be considered as well as any other reasonable criteria which would aid in said determination:

(a)

Street, curb, gutter, sidewalk, shade trees, streetlights, street signs and traffic light improvements may also be based upon the anticipated increase of traffic generated by the application and the anticipated benefit thereto.

(b)

Drainage facilities may also be based upon or be determined by the drainage created by or affected by any particular land use considering: the percentage relationship between the acreage of the application and the acreage of the total drainage basin; the use of a particular site and the amount of area to be covered by impervious surfaces on the site itself; and the use, condition or status of the remaining area of the drainage basin.

Improvements to be constructed at the sole expense of the applicant. In cases where reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application and where no other property owners receive a special benefit thereby, the Board may require the applicant, as a condition of approval, at the applicant's expense, to provide for and construct such improvements as if such were on-tract improvements in the manner provided hereafter and as otherwise provided by law.

Payment of allocated costs; form. In the event that the improvement required shall be constructed as a general or a local improvement, the estimated cost of the off-tract improvement allocated to the applicant shall be deposited with the municipality in the form of cash. Said deposit shall be paid by the subdivider to the Borough Treasurer, who shall provide a suitable depository therefor, and such funds shall be used only for the off-tract improvements for which they are deposited or shall be refunded to the subdivider as hereinafter set forth.

(4)

Deposit of funds. All funds paid by an applicant pursuant to this chapter shall be used only for the improvements for which they are deposited or improvements serving the same purpose.

(5)

Redetermination of assessment upon completion of improvements. Upon completion of off-tract improvements required by this chapter, the applicant's liability hereunder shall be recalculated in accordance with the actual as compared with the estimated cost of the improvements. To the extent that such recalculation shall increase or decrease the amount of any cash deposit made by the applicant hereunder, the applicant shall forthwith either pay the amount of such increase to the municipality or the municipality shall forthwith refund the amount of such decrease to the applicant.

Omissions. Omissions from the bond of any improvement will in no way be construed as to relieve the developer from his legal obligation to conform to the required improvements as provided for in this chapter.

Certification. Prior to the final acceptance of any of the required acceptance of any of the required improvements by the Borough, the subdivision owner or owners shall have submitted satisfactory affidavits certifying that no unpaid bills, liabilities or liens against such improvements and installations are outstanding.

§ 165-43 Checklists.

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.[1])

Editor's Note: Appendix A is included at the end of this chapter.

§ 165-44 Violations and penalties.

In case any structure is erected, altered, converted or maintained or any structure or land is used in violation of this chapter, the Borough or an interested party may institute appropriate action to prevent such unlawful erection, alteration, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of said structure or land; and to prevent any illegal act, conduct, business or use in or about such premises. Any persons convicted of such violations before a court of competent jurisdiction shall be subject to a penalty as provided in § 165-37. Each day shall be deemed a separate violation.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

If before final subdivision approval any person as owner or agent transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision for which municipal approval is required, such persons shall be subject to a penalty as provided in § 165-37, and each lot disposition so made may be deemed a separate violation.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

In addition, the Borough may institute and maintain a civil action:

For injunctive relief.