The developer shall, at the time of filing an application, pay nonrefundable fees to the Township of Howell as set forth in Chapter 139, Fees, for the following. Proposals involving more than one use shall pay a fee equaling the sum of the fees for the component elements of the proposal. Proposals requiring a combination of approvals such as subdivision, site plan and/or variance shall pay a fee equal to the sum of the fee for each element.
A.
Site plan.
(1)
Residential, preliminary and final.
(2)
Other than residential, preliminary and final.
(3)
Plan revisions, for the revision of any plan or plans
which have or have not been granted approval.
(4)
Extensions of time to post bonds.
(5)
Extensions of site plan approval pursuant to N.J.S.A.
40:55D-49 and N.J.S.A. 40:55D-52.
B.
Subdivisions.
(1)
Minor subdivisions.
(2)
Major subdivisions, preliminary and final.
(3)
Plan revisions, for the revision of any plan or plans
which have or have not been granted approval.
(4)
Extensions of time to post bonds.
(5)
Extensions of subdivision approval, preliminary or
final.
(6)
Review of conceptual plans.
C.
Conditional use applications.
D.
Variances.
(1)
Appeals.
(2)
Interpretation of Zoning Map or Ordinance.
(3)
Hardship or bulk variances.
(4)
Use variances.
(5)
Building permit in conflict with Official Map or building
permit for lots not related to a street.
(6)
Other, including accessory uses and temporary use
permits.
[Amended 6-24-2014 by Ord. No. O-14-08]
E.
Special meetings of Boards.
(1)
Upon request of the applicant, the Planning Board
or Zoning Board of Adjustment may call for a special meeting to conduct
a public hearing or otherwise consider an application for development,
provided that in such event, the applicant shall pay a fee to the
Township of Howell to defray the costs associated with attendance
of the Planning Board or Zoning Board of Adjustment staff.
(2)
Further, the applicant may request special meetings
with the staff of the reviewing agency to review an application, subject,
however, to the availability of staff and scheduling of such meetings
through the office of the Township Manager, provided that the applicant
shall pay a fee to defray the cost of the consultants and staff.
(3)
The foregoing fees shall be in addition to any required
application fees or performance or maintenance guarantees set forth
in this chapter.
F.
Sign variations.
G.
Exemption from fees of certain nonprofit organizations.
Charitable, philanthropic, fraternal and religious nonprofit organizations
holding a tax-exempt status under the Federal Internal Revenue Code
of 1954 [24 U.S.C. Section 501(c) or (d)] are hereby exempt from any
application fee charged under the within chapter. This shall only
apply to application fees and not to inspection or escrow fees.
[Added 4-27-2004 by Ord. No. O-04-17]
A.
General.
(1)
In addition to the submission of application filing
fees (which are charged to cover general Township administrative costs),
as set forth hereinbefore, development applications which meet the
criteria established herein shall be accompanied by a deposit of escrow
funds in accordance with the provisions of this section.
(2)
Said escrow funds shall be utilized to cover the cost
to the Township of professional services rendered to the Township
for review of applications for development, review and preparation
of documents, and inspections of developments under construction,
and review by outside consultants when an application is of a nature
beyond the scope of the expertise of the professionals normally utilized
by the Township. Professional fees and salaries incurred in connection
with the review of an application, plans, consultation, site inspections,
written report, resolution preparation, meeting attendance, general
preparation, research, testimony and other work performed by the board
planner, attorney, Township Engineer, Township utilities engineer,
consulting engineer, health officer, certified tree expert and any
other professional consulting service, such as a professional traffic
consultant, that may be required due to the nature of the application,
shall be paid from the escrow funds. Escrow funds that are deposited
with the Township as provided for in this section shall not be utilized
to pay inspection costs required during the construction process.
[Amended 3-17-2003 by Ord. No. O-03-7]
B.
Escrow amounts. Escrow funds in the amounts specified in Chapter 139, Fees, shall be required relative to the following applications:[1]
[Amended 4-22-2002 by Ord. No. O-02-9]
(1)
Sketch plat.
(2)
Final approval.
(3)
Nonresidential preliminary site plan.
(4)
Nonresidential final site plan approval.
(5)
Any application involving more than one of the above
categories shall deposit cumulative amounts.
(6)
Use variance and density variance.
(7)
Minor subdivision with variances, except use and density
which are set forth above and is an additional amount.
(8)
Bulk variances.
(9)
Informal review of conceptual plans.
(10)
Requests for administrative approval of changes.
(11)
Requests for extensions of time to commence
development, or file subdivision maps.
(12)
Requests for zone changes.
(13)
Upon the submission of revised plans, applicants
shall pay an additional escrow.
[Added 4-22-2002 by Ord. No. O-02-9]
(14)
The review and approval fee for an individual residential lot's plot plan, without a major or minor subdivision approval or lacking escrow fees posted as part of a major or minor subdivision approval, shall, at the time of fling an application, pay escrow fees to the Township of Howell as set forth in Chapter 139. In the event the cost to review shall exceed the fee set forth in Chapter 139, the applicant shall pay such additional costs based on the Township's hourly charges.
[Added 3-15-2011 by Ord. No. O-11-03[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsection
B(14) as Subsection B(16).
(15)
Any revision to the Howell Township Tax Map without a major or minor subdivision approval shall pay a fee to the Township of Howell for the Tax Map review and update as set forth in Chapter 139. In the event the cost exceeds the fee set forth in Chapter 139, the applicant shall pay such additional cost based on the Township's hourly charges.
[Added 3-15-2011 by Ord. No. O-11-03]
(17)
Interpretation of Zoning Map and Ordinance.
[Added 6-24-2014 by Ord. No. O-14-08]
(18)
Conditionally exempt site plan.
[Added 6-24-2014 by Ord. No. O-14-08]
(19)
Prior to depositing escrow fees, every applicant
shall enter into an escrow planning agreement with the Township.
[Added 4-22-2002 by Ord. No. O-02-9]
C.
Procedural requirements.
(1)
An applicant to the Site Plan Committee or other review
committee shall deposit all escrow funds called for in the within
section before the applicant’s appearance before that Committee.
An applicant appearing initially before the Planning Board or Zoning
Board of Adjustment shall deposit all escrow funds called for in the
within section before said appearance. No meeting or hearing with
the applicant shall be held by the said boards or committees until
all escrow funds and required fees have been deposited in accordance
with this section. The escrow sums must be in the form of cash, certified
or bank's cashier check or money order. All deposits of escrow funds
shall be made to the Township administrative official.
(2)
Additional escrow funds may be required of the applicant
when the escrow has been depleted to 25% of the original escrow amount.
The Township shall notify the Chief Financial Officer when the escrow
funds have been depleted to the aforementioned amount. The Chief Financial
Officer shall provide the applicant with a notice of insufficient
escrow or deposit balance. In order for work to continue on the development
on the application, the applicant shall, within a period of 21 days
from date of notification post a deposit to the account in an amount
to be agreed upon by the Township and the applicant. In the interim,
any required health and safety inspections shall be made and charged
back against the replenishment of funds.
(3)
Deposits received from any developer pursuant to this
section shall be deposited in a banking institution or savings and
loan association in this state insured by an agency of the federal
government, or in any other fund or depository approved for such deposits
by the state, in an account bearing interest at the minimum rate currently
paid by the institution or depository on time or saving deposits.
The Township shall notify the applicant in writing of the name and
address of the institution or depository in which the deposit is made
and the amount of the deposit. The Township shall not be required
to refund an amount of interest paid on a deposit which does not exceed
$100 for the year. If the amount of interest exceeds $100, that entire
amount shall belong to the developer and shall be refunded to him
by the Township annually or at the time the deposit is repaid or applied
to the purposes for which it was deposited, as the case may be; except
that the Township may retain for administrative expenses a sum equivalent
to not more than 33 1/3% of that entire amount, which shall be
in lieu of all other administrative and custodial expenses pertaining
to the escrow account.
(4)
The Chief Financial Officer of the Township shall
make all of the payments to professionals for services rendered to
the Township for review of applications for development, review and
preparation of documents, inspection of improvements or other purposes
under the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq. Such fees or charges shall be based upon a schedule established
by resolution or resolutions as adopted by the Township Council for
professional services.
(5)
Escrow account deposits shall be placed in an interest-bearing
account, and the same shall be administered in accordance with the
requirements of N.J.S.A. 40:55D-53.1.
(6)
All disbursements to consulting professionals, Township
consulting professionals and Township employed professionals for services
involved in processing an application which requires escrow account
deposits shall be charged against the escrow account.
(7)
The Chief Financial Officer 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.
(8)
Each payment charged to the deposit for review of
the application, review and preparation of documents and inspection
of improvements shall be pursuant to a voucher from the professional.
Said voucher shall identify the personnel performing the service,
the date, the services performed, the hours spent to one-quarter-hour
increments, the hourly rate and the expenses incurred. All professionals
shall submit vouchers to the Chief Financial Officer of the Township
on a monthly basis in accordance with schedules and procedures established
by the Chief Financial Officer of the Township.
(9)
If the services are provided by a Township employee,
the employee shall prepare and submit to the Chief Financial Officer
a statement containing the same information as required on the voucher,
on a monthly basis. The professional shall send an informational copy
of all vouchers or statements submitted to the Chief Financial Officer
of the Township simultaneously to the applicant.
(10)
The application review and inspection charges
shall be limited only to professional charges for review of applications,
review and preparation of documents and inspections of developments
under construction and review by outside consultants when an application
is of a nature beyond the scope of the expertise of the professionals
normally utilized by the Township.
(11)
The only costs that shall be added to any such
charges shall be actual out-of-pocket expenses of any such professional
or consultants including normal and typical expenses incurred in processing
applications and inspecting improvements. The Township shall not bill
the applicant, or charge an escrow account or deposit, for any Township
clerical or administrative functions, overhead expenses, meeting room
charges, or any other costs and expenses, except as provided for in
this section, nor shall a Township professional add any such charges
to his bill.
(12)
A professional shall not review items which
are subject to approval by any state agency and not under municipal
jurisdiction except to the extent that consultation with a state agency
is necessary due to the effect of state approval on the subdivision
or site plan.
(13)
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
modifications or amendment made by the applicant.
(14)
If the Township retains a different professional
or consultant in the place of the professional originally responsible
for development application review or inspection of improvements,
the Township shall be responsible for all time and expenses of the
new professional to become familiar with the application or project
and shall not bill the applicant or charge the deposit or the escrow
account for any such services.
(15)
If the salary, staff support and overhead for
a Township professional are provided by the municipality, the charge
shall not exceed 200% of the sum of the product resulting from multiplying
the hourly base salary of the professional 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. 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.
D.
Inspection fees.
(1)
Inspection fees shall be charged only for actual work
shown on a subdivision or site plan required by the Township. 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 reasonably based on the approved
development plans and documents.
(3)
The amount of monies to be deposited with the Township shall be as set forth in § 188-46 of this chapter.
(4)
The terms and provisions of this Subsection D, Inspection fees, shall be retroactive to August 13, 1991, except that it shall not apply to those inspection fees paid to the Township under the terms and provisions of a land use developer's agreement whereby it was agreed by the developer that said inspection fees would be treated as a flat, non-escrow, inspection fee.
(5)
The Engineering inspection fees for an individual lot's plot plan, without major or minor subdivision approval or lacking escrow fees posted as part of a major or minor approval, shall, at the time of filing an application, pay escrow fees to the Township of Howell as set forth in Chapter 139. In the event the cost of the inspections shall exceed the fee set forth in Chapter 139, the applicant shall pay such additional costs based upon the Township's hourly charges.
[Added 3-15-2011 by Ord. No. O-11-03]
E.
Refund of monies in escrow account. The following
close-out and refund procedure shall apply to all deposits and escrow
accounts established under the provisions of the Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq., and shall commence after the Township
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, in the case of improvement inspection
escrows and deposits and the Township has further determined that
there is no longer any need to retain any escrow account:
(1)
The applicant shall send written notice by certified
mail to the Chief Financial Officer and to the relevant Township professional
that the application or the improvements are completed.
(2)
After receipt of such notice, the professional shall
render a final bill to the Chief Financial Officer within 30 days
and shall send a copy simultaneously to the applicant.
(3)
The Chief Financial Officer shall render a written
final accounting to the applicant on the uses to which the escrow
account deposit was out within 45 days after the receipt of the final
bill.
(4)
Any balances remaining in the deposit or escrow account,
including interest in accordance with the requirements of N.J.S.A.
40:55D-53.1, shall be refunded to the developer along with the final
accounting.
(5)
In the event that an applicant requests a refund of
any balances remaining in a deposit or escrow account and it is necessary
for the Township to provide additional professional services or inspection
services relating to that development application, it will be necessary
for the developer to post a new deposit or escrow amount pursuant
to this subsection as if it were a new development application.
F.
Dispute of charges.
(1)
An applicant shall notify in writing the Township
Council with copies to the Chief Financial Officer, the approving
authority and the professional whenever the applicant disputes the
charges made by a professional for services rendered to the Township
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.)
(2)
The Township Council or its designee shall, within
a twenty-one-day period attempt to remediate any disputed charges.
In the event that the matter is not resolved to the satisfaction of
the applicant, the applicant may appeal, in writing, to the County
Construction Board of Appeals established under Section 9 of P.L.
1975, c. 217 (N.J.S.A. 52:27D-127).
(3)
An applicant filing an appeal shall simultaneously
send a copy to the Township, the approving agency, and any professional
whose charge is the subject of the appeal.
(4)
Any appeal shall be filed within 45 days from receipt
of the informational copy of the professional's voucher, except that
if the professional has not supplied the applicant with the informational
copy of the 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.
G.
Fees and escrows for proposed developments which include
affordable housing components.
[Added 12-16-2008 by Ord. No. O-08-48; amended 3-24-2009 by Ord. No. O-09-08]
(1)
AFFORDABLE HOUSING PLAN
DEVELOPER
ESCROW DEPOSIT
PROPOSAL
REIMBURSABLE SERVICES
TOWNSHIP
TOWNSHIP CONSULTANTS
Definitions. As used in this Subsection G, the following terms shall have the meanings indicated:
The affordable housing plan (or plans) set forth in the housing
element of the Township Master Plan that is approved by the Township
Planning Board and endorsed by the Township Council and which the
Township files with either the Council on Affordable Housing ("COAH")
seeking substantive certification and/or with the court seeking a
judgment of repose; both pursuant to the requirements of the Fair
Housing Act, N.J.S.A. 52:27D-301 et seq.
Any person or business entity seeking to construct a project
which includes an affordable housing component and seeking the Township's
consideration of the inclusion of such project within the Township's
affordable housing plan.
The meaning set forth within Subsection G(3) herein.
Any proposal by a developer to construct a project which
includes affordable housing components which seeks the Township's
consideration of the inclusion of such project within the Township's
Affordable Housing Plan.
The meaning set forth within Subsection G(4) herein.
The Township of Howell, County of Monmouth, State of New
Jersey.
Includes any salaried Township professional and supporting
staff and consultants retained by the Township or its Land Use Boards
in order to provide professional services to the Township, including
but not limited to engineering, planning and legal services.
(2)
Application and fee.
(a)
All developers seeking to submit a proposal
to the Township must complete an application on a form prescribed
by the Township Council and approved by the Township Engineer and
Township Solicitor. The Township will not consider a proposal until
an application is properly filed and all associated fees and escrows
are paid in full.
(3)
Escrow deposit.
(a)
The Township shall require a minimum escrow deposit as set forth in Chapter 139, Fees, for all developers seeking the Township's consideration of their proposals. If the Township determines that it is necessary due to the scale and complexity of the proposal, the Township may require the developer to establish an escrow deposit in an amount exceeding said by providing written notification thereof to the developer.[5]
(b)
The escrow deposit shall be deposited by the
Township into an interest-bearing escrow account and shall be utilized
to reimburse the Township for the reimbursable services performed
on behalf of the Township by the Township consultants. No applicant
shall be charged for any municipal, clerical or administrative functions,
other than the initial application processing fee, overhead expenses,
meeting room charges or any of the municipal costs and expenses except
as provided for specifically herein; nor shall a Township consultant
add any such charge to his bill.
(c)
Any interest accumulated in the escrow account
shall be rolled into the escrow deposit and used to reimburse the
Township for reimbursable services performed on behalf of the Township
by the Township consultants.
(4)
Scope of reimbursable services. The Township
shall be entitled to be reimbursed for all professional services performed
by the Township consultants relating in any way to the Township's
consideration of the developer's proposal. Reimbursable services shall
include, but not be limited to, the following Township consultant
services: the review of proposals, both as to completeness and as
to content; the review and preparation of documents, including, but
not limited to, drafting resolutions, agreements, and correspondence
relating to the proposal; inspection fees associated with the proposal;
phone conferences between Township consultants and any other person
or party regarding the proposal; and attendance at any meetings relating
to the proposal.
(5)
Replenishment of escrow deposit. If the escrow
deposit falls below $1,000 at any time, the Chief Financial Officer
of the Township will provide written notification thereof to the developer,
and the developer shall replenish the escrow deposit to its full initial
amount within 15 days of its receipt of such written notification.
The failure of the developer to timely replenish the escrow deposit
shall be deemed to be terminate the developer's application seeking
the Township's consideration of its proposal and, in that event, the
close-out procedures for the escrow deposit set forth herein will
be initiated and the Township shall have no further obligation to
consider the developer's proposal or to have the Township consultants
provide any reimbursable services relating thereto.
(6)
Payments from escrow deposit. Each payment charged
to the escrow deposit for reimbursable services shall be pursuant
to a voucher from the applicable Township consultant which voucher
shall identify the personnel performing the service, the date that
the services were performed, the hours spent (to at least one-quarter-hour
increments), the hourly rate and the expenses (if any) incurred. All
Township consultants shall submit vouchers to the Chief Financial
Officer of the Township on a monthly basis in accordance with the
schedules and procedures established by the Chief Financial Officer.
The Township consultant shall send an informational copy of all vouchers
or statements submitted to the Chief Financial Officer of the Township
simultaneously to the developer. If the salary, staff support and
overhead for a Township consultant are provided by the Township, 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 Township consultant upon reimbursable
services.
(7)
Close-out procedures. The following close-out
procedures shall apply to all escrow deposits established and held
under this subsection and shall commence after the Township has made
final disposition as to the proposal or when the developer provides
written notice of its termination of its application. Upon the occurrence
of either event, the developer shall send written notice by certified
mail to the Chief Financial Officer of the Township requesting a final
bill, accounting, and refund of monies, if any, remaining in the escrow
deposit. After receipt of such notice, the Township consultants shall
render a final bill to the Chief Financial Officer of the Township
within 30 days and shall send a copy simultaneously to the developer.
The Chief Financial Officer of the Township shall render a written
final accounting to the developer on the uses to which the escrow
deposit was put within 45 days of receipt of the final bill. Any balances
remaining in the escrow deposit, including interest, shall be refunded
to the developer along with the final accounting.
(8)
Limitation of inspection fees. Inspection fees
shall be charged only for the reasonable and necessary inspection
of elements of the proposal.
(9)
Appeals.
(a)
A developer shall notify, in writing, the Township
Council with copies to the Chief Financial Officer and the Township
consultant whenever the developer disputes the charges made by a Township
consultant for reimbursable services. The developer must file such
appeal with the Chief Financial Officer within 15 days of receipt
of notice of billing of the disputed charges. The Chief Financial
Officer shall within 30 days attempt to resolve any disputed charges.
Failure of the Chief Financial Officer to act within the thirty-day
time period does not constitute a waiver of any right by the Township.
If the matter is not resolved to the satisfaction of the developer
within this thirty-day period, the developer may appeal the disputed
charges to the Township Council. If the developer disputes the Chief
Financial Officer's determination, the developer shall file an appeal
within five days of receipt of the Chief Financial Officer's determination
or the expiration of the thirty-day period, whichever occurs first.
A developer or his authorized agent shall submit the appeal, in writing,
to the Township Council and any Township consultant whose charge is
the subject of the appeal. Failure of the developer to comply within
the aforementioned time provisions represents a bar to the respective
claim for disputed charges.
(b)
The Township Council shall afford any developer
appealing a disputed charge under this subsection an opportunity to
be heard and present evidence on its behalf. The Township Council
shall schedule the hearing within 45 days of receiving written notice
of an appeal. The Township will be allowed to present evidence to
support its decision. The rules of evidence do not strictly apply.
The Township Council will then issue a final decision, by resolution,
describing the appropriate action to be taken within 45 days.
(c)
During the pendency of any appeal, the Township
shall continue to process, hear and decide the proposal. The Chief
Financial Officer may pay charges out of the escrow deposit for which
an appeal has been filed. If a charge is disallowed after payment,
the Chief Financial Officer shall reimburse the deposit or escrow
account in the amount of any such disallowed charge or refund the
amount to the developer. If a charge is disallowed after payment to
a Township consultant who is not an employee of the Township, the
Township consultant shall reimburse the Township in the amount of
any such disallowed charge.
(10)
All ordinances or parts thereof inconsistent with the provisions of this Subsection G are hereby repealed as to such inconsistency.
H.
Escrow
account to be maintained by applicant.
[Added 9-6-2011 by Ord. No. O-11-26]
(1)
Purpose. Pursuant to New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., applicants for development before the Township’s Land Use Board are required to establish and maintain an escrow account so as to cover professional fees incurred by the Land Use Board for review of the applicants’ plan for development. At times, applicants for development fail to maintain said escrow accounts resulting in the applicant receiving the benefit of the services provided by the Board’s professionals in requiring the municipality to attempt to collect funds by way of a civil proceeding at great cost and expense to the taxpayers. It is the intention of this Subsection H to establish a municipal ordinance violation for failure of an applicant for development to maintain an escrow account and to be notified to do so, establishing penalties with respect thereto.
(2)
Failure to maintain appropriate escrow account. Any applicant for development before the Howell Township Land Use Board who is required by ordinance to establish and/or maintain an escrow account, and who fails to provide sufficient funds in said account after being notified to do so by The Township of Howell, shall be considered to have violated the terms and conditions of this Subsection H. A certification from a Township’s Chief Financial Officer that an applicant for development was provided notice, by way of regular mail and certified mail with a return receipt that their escrow account was deficient, and that 30 days have elapsed since notice was sent by way of regular mail to the applicant for development and said escrow account had not been replenished during that period of time, shall constitute prima facie evidence that the applicant for development has violated the terms of this Subsection H.
(3)
Penalty. Any person or entity who violates the terms and conditions of this Subsection H shall be subject to a fine no less than $250 and no more than $1,000 for each such violation. Each separate claim that a violation continues, meaning for each separate day that the escrow account remains deficient, shall be considered a separate and distinct violation.
