There is hereby established, in connection with various applications for development and other matters which fees are the subjects of this chapter, a schedule of fees, which fees shall be paid by the applicant. Said schedule of fees is included in Chapter
169, Fee Schedule, of the Township Code of Ordinances.
A. Development application fees and related charges. The developer shall, at the time of filing a submission, pay the nonrefundable fee specified in Chapter
169, Fee Schedule, to the administrative officer by certified check or bank money order. Proposals involving more than one use shall pay a fee equaling the sum of the fees for the component elements of the plat. Proposals requiring a combination of approvals, such as subdivision, site plan and/or a variance, shall pay a fee equal to the sum of the fee for each element.
B. Technical review escrow deposits.
(1) In addition to the filing fees or any other fees required in this
article, an applicant shall file with the administrative officer an
escrow deposit fee of adequate funds to cover the costs of professional
services in connection with the review of an application for development
by planners, engineers, attorneys and other professional and/or experts
whose services are deemed necessary with respect to processing the
application by the approving authority in order to assure compliance
with the provisions of this chapter. Technical review fees shall be
calculated in accordance with the actual time required for review
at rates set forth in a schedule of professional fees established
each year by resolution of the Planning Board and Zoning Board of
Adjustment maintained in the office of the Township Clerk for public
inspection. The administration of technical review escrow deposits
and payments made to professionals from said deposits shall be in
accordance with the provisions of N.J.S.A. 40:55D-53.1 and Section
13 of P.L. 1991, c. 256.
(2) At the time of filing an application for development, the applicant shall pay to the Township an initial deposit for technical review fees in accordance with Chapter
169, Fee Schedule. The amount shown represents only the initial deposit. An applicant will be required to deposit additional funds when professional costs necessitate. In addition, deposit of escrow amounts may be required even when an initial deposit is not required if professional services become warranted. The amount of such fees shall be determined by the Director of Land Use and may include, but are not necessarily limited to, the following:
(a)
Pre-application conferences.
(c)
Special meetings and other extraordinary services required by
an application.
(3) An application shall not be deemed complete until the application fee and initial escrow deposit have been paid. In the event a project is of a nature that is not expressly included in one of the categories in Chapter
169, Fee Schedule, the amount of the fee and deposit shall be determined by the Director of Land Use applying the standard applicable to other applications most closely resembling the project. Also, additional funds may be required when the original amount is depleted by 60% or more and the application is still in process. The additional amount shall be determined by the Director of Land Use.
C. Inspection fees. The developer shall reimburse the Township for all reasonable inspection fees incurred by the Township Engineer for the inspection of improvements, provided that the Township may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the amount set forth in Chapter
169, Fee Schedule, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4 and which shall be subject to the following conditions:
(1) Fees for engineering inspections during and after construction, and
during the maintenance period, shall be deposited in cash, or by certified
check, with the Township, prior to the issuance of a construction
permit by the Township Engineer.
(2) In the event that construction proceeds at a very slow rate, outside
of the time frame as established in the developer's agreement, and
the work is not pursued in a diligent manner, resulting in an unreasonable
number of engineering inspections or, in the event of faulty installations,
inferior materials or workmanship causing an unreasonable number of
engineering inspections, an additional fee shall be paid by the applicant
to cover the engineering cost of such additional inspections.
(3) No remaining portion of an engineering inspection fee, if any, shall
be returned to a developer or his/her successor until the expiration
of the maintenance period.
D. Exemptions. All political entities and Township entities shall be
exempt from payment of any fee under this chapter, including review
escrow deposits. All charitable, philanthropic, fraternal and religious
nonprofit organizations holding a tax-exempt status under the Federal
Internal Revenue Code of 1954 [26 U.S.C. § 501(c) or (d)]
shall be exempt from any application charge established under this
chapter. The aforementioned organizations shall, however, be required
to make all review fee escrow deposits established under this chapter.
E. Disputes. An applicant shall notify, in writing, the governing body
with copies to the Township's chief financial officer (CFO), the approving
authority and the professional whenever the applicant disputes the
charges made by a professional for service rendered to the municipality
in reviewing applications for development, review and preparation
of documents, inspection of improvements, or other charges made pursuant
to the provisions of P.L. 1975, c. 291. The governing body or its designee shall, within a reasonable
time period, attempt to mediate 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. The appeals
process shall be as set forth in N.J.S.A. 40:55D-53.2a.