As used in this article, the following terms
shall have the meanings indicated:
PROFESSIONAL PERSONNEL or PROFESSIONAL SERVICES
Includes the services of a duly licensed engineer, surveyor,
planner, attorney, realtor, appraiser or other expert and consultants
who would provide professional services to ensure an application meets
performance standards set forth in the ordinance and other experts
whose testimony is in any area in which the applicant has presented
expert testimony.
Pursuant to N.J.S.A. 40:55D-53.2 and 40:55D-53.3,
the Zoning Board of Adjustment shall, in addition to other fees, provide
(but not by way of limitation) as follows.
The Zoning Board of Adjustment may collect the
fees later provided for herein by way of establishing an escrow account
and reasonable rules and regulations with respect to the maintenance
and establishment of such account. The Board may require that an initial
escrow fund be established and when that fund having been duly charged
for items and expense incurred by the Board is reduced by more than
50%, then the Board may require supplemental escrow payments to replenish
the fund.
In any event, the rules and regulations promulgated
with respect to holding of deposits, collection of interest and establishment
of escrow accounts shall in all manner comply with the applicable
New Jersey statutes.
To the fullest extent permitted by law, this
article shall allow the Board to provide, by resolution, the fees,
charges and escrows to be charged for any application or matter coming
before the Board and further provide that no approval, permit or certificate
of occupancy be issued until said fees have been paid.
An applicant shall be responsible for all fees,
charges and expenses of professional personnel incurred and paid by
it necessary to process an application before a municipal agency,
such as, but not by way of limitation:
A. Charges for reviews by professional personnel of applications
and accompanying documents.
B. Issuance of reports by professional personnel to the
municipal agency setting forth recommendations resulting from the
review of any documents submitted by the applicant.
C. Charges for any telephone conference or meetings with
the applicant, his attorney or any of his experts.
D. Review of additional documents submitted by the applicant
and issuance of reports relating thereto.
E. Review or preparation of easements, developers' agreements,
deeds, resolutions or other supporting or necessary documentation.
F. Preparation and attendance at meetings.
G. Such other expenses (actual or otherwise) actually
incurred by the professional.