[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:
(1) 
All bills for reimbursable services in connection with the application have been paid.
(2) 
The applicant has reimbursed the municipality the excess by which the amount of the bills exceeds the amount in escrow.
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.