[Adopted 12-1-1997 by Ord. No. 097-10]
A.
A deposit toward anticipated municipal expenses shall
be required to cover the cost of any professional services rendered
to the municipality or approving authority for the review of applications
for development and preparation of documents. Prior to an application
being deemed complete, the following sums shall be submitted to be
held in escrow:
[Amended 10-15-2018 by Ord. No. 2018-11]
|
Application
|
Fee
|
Escrow to Be Posted
| ||
|---|---|---|---|---|
|
Residential:
| ||||
|
Minor subdivision, major preliminary subdivision,
site plan:
| ||||
|
1–3 lots or units
|
$500
|
$5,000
| ||
|
4–10 lots or units
|
$500
|
$10,000
| ||
|
11–25 lots or units
|
$500
|
$15,000
| ||
|
26–50 lots or units
|
$500
|
$20,000
| ||
|
51 or more lots or units
|
$500
|
$25,000
| ||
|
Nonresidential:
| ||||
|
Minor subdivision or major preliminary subdivision:
| ||||
|
1–3 lots
|
$500
|
$5,000
| ||
|
4–10 lots
|
$500
|
$10,000
| ||
|
11 or more lots
|
$500
|
$15,000
| ||
|
Nonresidential:
| ||||
|
Site plan:
| ||||
|
1–2,500 square feet
|
$500
|
$5,000
| ||
|
2,501–10,000 square feet
|
$500
|
$10,000
| ||
|
10,001–20,000 square feet
|
$500
|
$15,000
| ||
|
20,001 or more square feet
|
$500
|
$20,000
| ||
|
Final major site plan or subdivision
|
25%
of the original escrow fee required for preliminary subdivision, site
plan
| |||
|
Amended site plan
|
25%
of the original escrow fee
| |||
|
Variances:
| ||||
|
Appeals under N.J.S.A. 40:55D-70a
|
$500
|
$5,000
| ||
|
Appeals under N.J.S.A. 40:55D-70b
|
$500
|
$5,000
| ||
|
Appeals under N.J.S.A. 40:55D-70c
|
$500
|
$5,000
| ||
|
Appeals under N.J.S.A. 40:55D-70d
|
$500
|
$5,000
| ||
|
Residential accessory building
|
$500
|
$2,000
| ||
|
Tax Map revisions
|
$1,000
| |||
|
Special meeting
|
$1,000
| |||
B.
Any application involving more than one of the above
categories shall deposit cumulative amounts.
C.
All escrow deposits shall be posted with the Borough
of Dunellen Planning Board in check, certified check or money order.
All funds shall be deposited by the Finance Officer in accordance
with N.J.S.A. 40:55D-53.1.
D.
All professional charges for review of an application
for development, review and preparation of documents or inspection
of improvements shall be reasonable and necessary, given the status
and progress of the application or construction. Review fees shall
be charged, only in connection with an application for development
presently pending before the approving authority or upon review of
compliance with conditions of approval, or review of requests for
modification or amendment made by the applicant. Review fees are limited
to review of the application, review and preparation of documents,
and inspection of development. There shall be no charges for clerical
and administrative work. The only add-on expense is for out-of-pocket
expenses. A professional shall not review items which are subject
to approval by any state government agency and not under municipal
jurisdiction except to the extent consultation with a state agency
is necessary due to the effect of state approvals in the subdivision
or site plan.
E.
If the municipality retains a different professional
or consultant in the place of the professional originally responsible
for development, application review, or inspection of improvements,
the municipality or approving authority shall be responsible for all
time and expenses of the new professional to become familiar with
the application or the project, and the municipality or approving
authority shall not bill the applicant or charge the deposit or the
escrow account for any such services.
A.
The municipality shall be reimbursed for all payments
to independent consultants in accordance with N.J.S.A. 40:55D-53.2.
If the salary, staff support and overhead for a municipal professional
are provided by the municipality, the charge shall not exceed 200%
of the sum of the products resulting from multiplying the hourly base
salary, which shall be established annually by ordinance, of each
of the professionals by the number of hours spent by the respective
professional upon review of the application for development, or inspection
of the developer's improvements, as the case may be.
B.
For other professionals the charge shall be at the
same rate as all other work of the same nature by the professional
for the municipality when fees are not reimbursed or otherwise imposed
on applicants or developers.
All escrow funds shall be utilized by the appropriate
board to pay the cost of any professional fees incurred by the Board
for review and/or testimony. The term "professional", as used herein,
shall include the services of a duly licensed engineer, surveyor,
planner, attorney, appraiser or other expert who would provide professional
services to insure that an application complies with the standards
set forth in Borough ordinances and experts whose testimony may be
solicited to give further information to the approving board in any
area addressed by any of the applicant's experts.
The following closeout procedure shall apply
to all deposits and escrow accounts established under the provisions
of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) and shall commence
after the approving authority has granted final approval and signed
the subdivision plat or site plan, in the case of application review
escrows and deposits, or after the improvements have been approved
as provided in Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53),
in the case of improvement inspection escrows and deposits.
A.
The applicant shall send written notice by certified
mail to the Chief Financial Officer of the municipality and the approving
authority, and to the relevant municipal professional, that the application
or the improvements, as the case may be, are completed.
B.
After receipt of such notice, the professional shall
render a final bill to the Chief Financial Officer of the municipality
within 30 days, and shall send a copy simultaneously to the applicant.
C.
The Chief Financial Officer of the municipality shall
render a written final accounting to the applicant on the uses to
which the deposit was put within 45 days of receipt of the final bill.
Any balances remaining in the deposit or escrow account, including
interest in accordance with Section 1 of P.L. 1985, c. 315 (N.J.S.A.
40:55D-53.1), shall be refunded to the developer along with the final
accounting.
D.
To facilitate the release of escrow, applicants are
requested to submit a signed escrow release voucher with the development
application.
A.
No subdivision plat or deed, or site plan shall be signed, nor shall any zoning permits, based upon variances or interpretations of Chapter 115, Zoning, building permits, certificates of occupancy or any other types of permits be issued with respect to any approved application for development until:
B.
The applicant shall place on the record its agreement
to be bound by the provisions of the Borough's escrow ordinances.
No professional personnel submitting bills to
the Borough under this article shall charge for any of the services
referred to therein at any higher rate or in any different manner
from that which would normally be charged to the municipality for
similar work. Payment of any bill rendered by a professional to the
municipality with respect to any service for which the municipality
is entitled to reimbursement shall in no way be contingent upon receipt
of reimbursement by the applicant, nor shall any payment for service
be delayed pending reimbursement of the Borough by an applicant.
A.
The Chief Financial Officer of a municipality shall
make all of the payments to professionals for services rendered to
the municipality or approving authority for review of applications
for development, review and preparation of documents, inspection of
improvements or other purposes under the provisions of P.L. 1975,
c. 291 (N.J.S.A. 40:55D-1 et seq.). Such fees or charges shall be
based upon a schedule established by resolution.
B.
Each payment charged to the deposit for review of
applications, review and preparation of documents and inspection of
improvements shall be pursuant to a voucher from the professional,
which voucher shall identify the personnel performing the service,
and for each date the services performed, the hours spent to 1/4 hour
or less increments, the hourly rate and the expenses incurred. All
professionals shall submit vouchers to the Chief Financial Officer
of the municipality on a monthly basis in accordance with schedules
and procedures established by the Chief Financial Officer of the municipality.
If the services are provided by a municipal employee, the municipal
employee shall prepare and submit to the Chief Financial Officer of
the municipality a statement containing the same information as required
on a voucher, on a monthly basis.
C.
The professional shall send an informational copy
of all vouchers or statements submitted to the Chief Financial Officer
of the municipality simultaneously to the applicant. The Chief Financial
Officer of the municipality shall prepare and send to the applicant
a statement which shall include an accounting of funds listing all
deposits, interest earnings, disbursements, and the cumulative balance
of the escrow account. This information shall be provided on a quarterly
basis if monthly charges are $1,000 or less, or on a monthly basis
if monthly charges exceed $1,000. If an escrow account or deposit
contains insufficient funds to enable the municipality or approving
authority to perform required application reviews or improvement inspections,
the Chief Financial Officer of the municipality shall provide the
applicant with a notice of the insufficient escrow or deposit balance.
In order for work to continue on the development or the application,
the applicant shall within a reasonable time period post a deposit
to the account in an amount to be agreed upon by the municipality
or approving authority and the applicant. In the interim, any required
health and safety inspections shall be made and charged back against
the replenishment of funds.
A.
An applicant shall notify, in writing, the governing
body with copies to the Chief Financial Officer, 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 (N.J.S.A. 40:55D-1 et seq.). The governing
body, or its designee, shall within a reasonable time period 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 established under Section 9 of
P.L. 1975, c. 217 (N.J.S.A. 52:27D-127) any charge to an escrow account
or a deposit by any municipal professional or consultant, or the cost
of the installation of improvements estimated by the Municipal Engineer
pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
An applicant or his authorized agent shall submit the appeal in writing
to the County Construction Board of Appeals. The applicant or his
authorized agent shall simultaneously send a copy of the appeal to
the municipality, approving authority, and any professional whose
charge is the subject of the appeal. An applicant shall file an appeal
within 45 days from receipt of the informational copy of the professional's
voucher required by Subsection c of Section 13 of P.L. 1991, c. 256
(N.J.S.A. 40:55D-53.2), except that if the professional has not supplied
the applicant with an informational copy of the professional's voucher,
then the applicant shall file his appeal within 60 days from receipt
of the municipal statement of activity against the deposit or escrow
account required by Subsection c of Section 13 of P.L. 1991, c. 256
(N.J.S.A. 40:55D-53.2). An applicant may file an appeal for an ongoing
series of charges by a professional during a period not exceeding
six months to demonstrate that they represent a pattern of excessive
or inaccurate charges. An applicant making use of this provision need
not appeal each charge individually.
B.
During the pendency of any appeal, the municipality
or approving authority shall continue to process, hear, and decide
the application for development, and to inspect the development in
the normal course, and shall not withhold, delay, or deny reviews,
inspections, signing of subdivision plats or site plans, the reduction
or the release of performance or maintenance guarantees, the issuance
of construction permits or certificates of occupancy, or any other
approval or permit because an appeal has been filed or is pending
under this subsection. The Chief Financial Officer of the municipality
may pay charges out of the appropriate escrow account or deposit for
which an appeal has been filed. If a charge is disallowed after payment,
the Chief Financial Officer of the municipality shall reimburse the
deposit or escrow account in the amount of any such disallowed charge
or refund the amount to the applicant. If a charge is disallowed after
payment to a professional or consultant who is not an employee of
the municipality, the professional or consultant shall reimburse the
municipality in the amount of any such disallowed charge.
A.
No final plat or site plan shall be approved by the
Planning Board until the developer shall have filed with the Borough
performance guarantees whereby the developer shall individually and
personally guarantee and indemnify the Borough of Dunellen, in addition
to his corporate or partnership guarantee and in addition to all surety
bonds to be posted in an amount sufficient to cover the cost of all
such improvements or uncompleted portions thereof, not to exceed 120%
of the cost of installation, as determined (estimated) by the Planning
Board Engineer, and assuring the installation of such uncompleted
improvements on or before an agreed date. The Board Engineer shall
prepare an itemized cost estimate of the improvements covered by the
performance guarantee, which itemized cost estimate shall be appended
to each performance guarantee posted by the obligor.
B.
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 Board Engineer based on documented construction
costs for public improvements prevailing in the general area of the
municipality. The developer may appeal the Board Engineer's estimate
to the County Construction Board of Appeals established under Section
9 for P.L. 1975, c. 217.
Inspection fees shall be charged only for actual
work shown on a subdivision or site plan or required by an approving
resolution. Professionals inspecting improvements under construction
shall charge only for inspections that are reasonably necessary to
check the progress and quality of the work, and such inspections shall
be reasonable based on the approved development plans and documents.
