[Adopted 4-16-2012 by Ord. No. 2012-11[1]]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Art. I, Land Use Application and Appeal Fees; Escrow Deposits,
adopted 5-4-2009 by Ord. No. 2009-06.
In addition to the initial fees or charges, the Township of Woolwich shall require escrow review deposits in accordance with the provisions of the fee and deposit schedule set forth in § 95-8.4. The Chief Financial Officer of the 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 N.J.S.A. 40:55D-1 et seq. The application review and inspection charges shall be limited only to professional charges for review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the municipality. The only cost that shall be added to any such charges shall be actual out-of-pocket expenses of such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements. No applicant shall be charged for any municipal, clerical or administrative functions, overhead expenses, meeting room charges or any of the municipal costs and expenses except as provided for specifically by statute, nor shall a municipal professional add any such charge to his bill.
The municipality shall be entitled to be reimbursed for the
review of applications, both as to completeness and as to content,
and for the review and preparation of documents such as, but not limited
to, drafting resolutions, developer's agreements, and necessary correspondence
with the applicant or applicant's professionals.
Deposits received from any applicant in excess of $5,000 shall
be held by the Chief Financial Officer in a special interest-bearing
deposit account; and upon receipt of bills from professionals and
approval of said bills as hereinafter provided for, the Chief Financial
Officer may use such funds to pay the bills submitted by such professionals
or experts. The municipality 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, the entire amount shall belong
to the applicant and shall be refunded to him by the municipality
annually or at the time the deposit is repaid or applied for the purposes
for which it was deposited, as the case may be, except that the municipality
may retain for administrative expenses a sum equivalent to no more
than 33 1/3% of that entire amount, which shall be in lieu of
all other administrative and custodial expenses. All sums not actually
so expended shall be refunded to the applicant within 90 days after
the final decision by the appropriate municipal agency with respect
to such application, upon certification by the Board Secretary that
such application has been finally decided. The Township's professionals
shall notify the Board Secretary and Finance Department of any outstanding
unpaid balances regarding a specific development application within
30 days of the identification of the escrow shortage.
A.
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 each date the services
were 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 municipality on a monthly
basis in accordance with the schedules and procedures established
by the Chief Financial Officer. 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 and to
the municipal agency for which said service were performed.
B.
The Chief Financial Officer shall prepare and send to the applicant
a monthly 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
as permitted by the law. 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 shall provide the applicant with a notice
of the insufficient escrow or deposit balance, with a copy sent to
the Township professionals. In order for work to continue on the development
or the application, the applicant shall, within 14 business days,
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. Once the replenishment escrow
funds are received by the Township from the applicant, the Board Secretary
shall advise the Township professionals of the additional deposit
so that the work on the development or the application can recommence.
No zoning permits, building permits, certificates of occupancy
or any other types of permits may be issued with respect to any approved
application for development until all bills for reimbursable services
have been received by the municipality from professional personnel
rendering services in connection with such application and payment
has been made.
A.
The following close-out procedures shall apply to all deposits and
the escrow account established under the provisions of 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 in accordance with N.J.S.A. 40:55D-53, in the case
of improvement inspection escrows and deposits.
B.
The applicant shall send written notice by certified mail to the
Chief Financial Officer of the municipality and the approving authority
that the application or the improvements, as the case may be, are
completed. After receipt of the certified notice, the Board Secretary
shall advise the Township professionals that the improvements or application
is completed. After receipt of that 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
and the Board Secretary. 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 N.J.S.A. 40:55D-53.1, shall be refunded
to the developer along with the final accounting.
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 the
conditions of approval, or review of a request for modification or
amendment made by the applicant. A professional shall not review items
which are subject to approval by any state governmental agency and
not under municipal jurisdiction except to the extent consultation
with a state agency is necessary due to the effect of state approvals
on the subdivision or site plan.
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 reasonably
based on the approved development plans and documents.
If the municipality retains a different professional or consultant
in the place of a 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.
The cost of the installation of improvements for the purposes
of N.J.S.A. 40:55D-53 shall be estimated by the Municipal Engineer
based on documented construction costs for the public improvements
prevailing in the general area of the municipality. The developer
may appeal the Municipal Engineer's estimate to the County Construction
Board of Appeals, established pursuant to N.J.S.A. 52:27D-127.
A.
An applicant shall notify, in writing, the governing body with copies
of the Chief Financial Officer, the approving authority and the professional
whenever the applicant disputes the charges made by a professional
for a service rendered to the municipality in reviewing applications
for development, review and preparation of documents, inspection of
improvements, or other charges made pursuant to N.J.S.A. 40:55D-53.2.
The governing body or its designee shall, within a reasonable time,
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 pursuant to
N.J.S.A. 52:27D-127, any charge to an escrow account or deposit by
any municipal professional or consultant, or the cost of the installation
of improvements estimated by the Municipal Engineer pursuant to 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 charges are 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 N.J.S.A. 40:55D-53.2(c), except
that if the professional has not supplied the applicant with an 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 required by N.J.S.A. 40:55D-53.2(c).
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.
Appeals shall be taken in accordance with the rules and procedures
established by the County Construction Board of Appeals.
C.
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 guaranties, 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 a municipality,
the professional or consultant shall reimburse the municipality in
the amount of any such disallowed charge.
The following fee schedule shall apply with respect to the filing
of all applications for development or appeals before the Joint Land
Use Board and/or the Woolwich Township Committee:
A.
Minor subdivision: a nonrefundable application fee of $275 for a
lot line adjustment or the creation of one lot in addition to the
retained lot, plus an additional nonrefundable fee of $125 for each
additional lot created or recreated; a review escrow deposit in the
amount of $2,000 shall be posted for each additional lot that is created
($4,000 for 2 lots and $6,000 for 3 lots); the review escrow deposit
shall be $1,500 for a lot line adjustment when no additional lots
are created.
B.
Preliminary major subdivision: a nonrefundable application fee of
$500 for up to 25 lots, a nonrefundable application fee of $1,000
for Lots 26-100, a nonrefundable application fee of $1,500 for Lots
100-500, a nonrefundable application fee of $2,000 for in excess of
500 lots; a review escrow deposit in the amount of $2,000 shall be
posted, plus $500 per lot (1-10), plus $200 per lot (11-60), plus
$150 per lot (61-110), and plus $100 for each lot in excess of 110.
C.
Final major subdivision: a nonrefundable application fee of $450
for up to 25 lots, a nonrefundable application fee of $800 for Lots
26-100, a nonrefundable application fee of $1,200 for Lots 100-500,
a nonrefundable application fee of $1,750 for in excess of 500 lots;
a review escrow deposit in the amount of $2,000 shall be posted, plus
$500 per lot (1-10), plus $200 per lot (11-60), plus $150 per lot
(61-110), and plus $100 for each lot in excess of 110.
D.
Conceptual review: a nonrefundable application fee of $100; a review
escrow deposit in the amount of $1,500 shall be posted; any and all
funds from the review escrow deposit remaining after conceptual review
will be transferred into the escrow account for any subsequent application.
E.
Use variance or variance sought under N.J.S.A. 40:55D-70d: a nonrefundable
application fee of $400; a review escrow deposit in the amount of
$2,000 shall be posted.
F.
Bulk and/or other variances: a nonrefundable application fee of $200;
a review escrow deposit in the amount of $1,000 shall be posted.
G.
Conditional use (special exception): a nonrefundable application
fee of $300; a review escrow deposit in the amount of $1,250 shall
be posted.
H.
Minor site plan: a nonrefundable application fee of $250; a review
escrow deposit in the amount of $1,000 shall be posted.
I.
Preliminary site plan: a nonrefundable application fee of $500 for
all preliminary site plan applications; for a residential development
site plan with structures, a review escrow deposit in the amount of
$2,500 for 0-5 units, $6,000 for 6-20 units, $8,500 for 21-49 units,
$11,500 for 50-100 units, and $19,000 for 101-1,000 units shall be
posted; for a commercial/industrial development site plan without
structures, a review escrow deposit in the amount of $5,000 for 0-3
acres, or $7,500 for in excess of 3 acres, shall be posted; for a
commercial/industrial site plan with structures, a review escrow deposit
in the amount of $2,000 for 1,250 - 2,500 square feet, or $5,500 for
2,501-20,000 square feet, or $8,000 for in excess of 20,000 square
feet shall be posted.
J.
Final site plan: a nonrefundable application fee of $750 for all
final site plan applications; for a residential development site plan
with structures, a review escrow deposit in the amount of $2,500 for
0-5 units, $6,000 for 6-20 units, $8,500 for 21-49 units, $11,500
for 50-100 units, and $19,000 for 101-1,000 units shall be posted;
for a commercial/industrial development site plan without structures,
a review escrow deposit in the amount of $5,000 for 0-3 acres, or
$7,500 for in excess of 3 acres shall be posted; for commercial/industrial
site plan with structures, a review escrow deposit in the amount of
$2,000 for 1,250 - 2,500 square feet, or $5,500 for 2,501-20,000 square
feet, or $8,000 for in excess of 20,000 square feet shall be posted.
K.
Zoning Board component of Joint Land Use Board interpretation: a
nonrefundable application fee of $150; a review escrow deposit in
the amount of $750 shall be posted.
M.
General development plan: a nonrefundable application fee of $1,000;
a review escrow deposit in the amount of $5,000 per each component
plan, plus $500 per each report/schedule.
N.
Zoning Officer permits and appeals: a nonrefundable fee of $40 for
the Zoning Officer's review of a project presented for a zoning permit;
if there is an appeal of the Zoning Officer's determination with respect
to the zoning permit, a nonrefundable application fee of $50 is required
to process the appeal to the Zoning Board component of the Joint Land
Use Board, and a review escrow fee in the amount of $750 shall be
posted for the Joint Land Use Board's professionals' review of the
appeal.
O.
In the event that there are multiple separate components involved
in one application (i.e., a use variance, bulk variance, minor subdivision
and/or site plan at the same time of submission of an application),
then the maximum nonrefundable fee to be paid to the Township shall
be the amount of the highest individual component fee, as delineated
above, plus an additional one-time fee of $150 total to cover all
of the other separate components of the application. Escrow shall
be posted according to each and every separate component submission
of the application as delineated above.
P.
TDR transactions: a nonrefundable application fee of $200 and review
escrow deposit in the amount of $1,000 submitted on forms authorized
by the Joint Land Use Board; for all TDR transactions, per transaction,
landowner or existing sending and receiving area lot, whichever is
greater; includes an application for TDR credit appeal, enrollment,
assignment or reassignment, use and extinguishment or disenrollment.
[Added 2-16-2016 by Ord.
No. 2016-02]
Q.
TDR review: a nonrefundable application fee of $200 and review escrow
deposit on the amount of $1,000 submitted on forms authorized by the
Joint Land Use Board; for administration and/or Joint Land Use Board
Solicitor review of deed restrictions, easements, survey, title, TDR
credit appeal, and requests for credit adjustments affected by variances
and/or subdivision of an existing or proposed single-family detached
house, farmstead or lot.
[Added 2-16-2016 by Ord.
No. 2016-02]
R.
Waiver of site plan: a nonrefundable application fee of $250; a review
escrow deposit in the amount of $1,000 shall be posted.
[Added 4-3-2017 by Ord.
No. 2017-08]
