[Adopted 1-23-1984 by Section IV of Ord. No. 84-3]
[Amended 10-12-1999 by Ord. No. 99-15; 11-10-2008 by Ord. No.
2008-12; 12-12-2022 by Ord. No. 2022-30C]
The following schedule of administrative charges
and escrow account deposits shall be charged upon submission of the
following class of application to the Land Use Board:
Classification
|
Administrative
Charges
|
Escrow Account Deposits
|
---|
Minor subdivision
|
$200
|
$2,000
|
Preliminary major subdivision
|
$350
|
$2,000, plus $100 per lot
|
Final major subdivision
|
$350
|
$1,000, plus $100 per lot
|
Amended minor, preliminary major and/or final
major subdivision
|
50% of original administrative charges
|
50% of original escrow account deposits
|
Request for reapproval or extension of time
|
$300
|
$150 per lot
|
[Amended 10-12-1999 by Ord. No. 99-15; 10-11-2005 by Ord. No.
2005-24; 11-10-2008 by Ord. No. 2008-12; 3-8-2021 by Ord. No. 2021-3C; 12-12-2022 by Ord. No. 2022-30C]
Site plan fees shall be as follows:
Classification
|
Administrative
Charges
|
Escrow Account Deposits
|
---|
Minor site plan
|
$200
|
$2,000
|
Preliminary major site plan
|
$350
|
$2,000, plus $100 per dwelling in the case of
multiple-family units and/or $0.10 per gross square footage of building
area in the case of nonresidential buildings
|
Final major site plan
|
$350
|
$1,000, plus $50 per dwelling unit in the case
of multiple-family units and/or $0.10 per gross square footage of
building area in the case of nonresidential building
|
Amended minor, preliminary major and/or final
major site plan
|
50% of original administrative charges
|
50% of original escrow account deposits
|
Request for reapproval or extension of time
|
$300
|
$350
|
Site plan with request for exemption pursuant to § 167-9B
|
$75
|
$500
|
Request for exemption approval by the Site Plan Subcommittee pursuant to § 167-9A
|
$0
|
$0
|
The applicant shall submit to the Land Use Board
an application for request for site plan exemption and any other documents
as required by the Borough of Beach Haven Land Use Board and shall
comply with the notice requirements pursuant to N.J.S.A. 40:55D-12
et seq. In considering a request for site plan exemption, the Borough
of Beach Haven Land Use Board shall consider factors which it deems
reasonable which shall include but not be limited to the following:
nature of use, hours of operation, number of employees, parking, loading,
signage, landscaping and/or buffering, deliveries (types of vehicles
and hours), and compliance with the zoning regulations of that district
as relates to the existing use and the proposed use.
|
[Amended 10-12-1999 by Ord. No. 99-15; 12-12-2022 by Ord. No.
2022-30C]
Holdover fees shall be as follows:
Classification
|
Administrative
Charges
|
Escrow Account Deposits
|
---|
Minor subdivision or site plan
|
$100
|
None
|
Preliminary or major subdivision or site plan
|
$250
|
None
|
[Amended 10-12-1999 by Ord. No. 99-15; 11-10-2008 by Ord. No.
2008-12; 12-12-2022 by Ord. No. 2022-30C]
Fees for variances shall be as follows:
Classification
|
Administrative
Charges
|
Escrow Account Deposits
|
---|
Single bulk variance
|
$100
|
$2,000
|
Each additional bulk variance
|
$50
|
$100
|
Use variance, density variance and other
|
$100
|
$2,000
|
[Amended 8-22-1994 by Ord. No. 94-28]
A. In addition to any other fees and deposits required
by this article, the applicant shall reimburse the municipality for
all reasonable inspection fees paid to the Municipal Engineer for
inspections of development and improvements.
B. The applicant shall deposit for such inspection fees
a deposit not to exceed, except for extraordinary circumstances, the
greater of $500 or 5% of the cost of improvements, which said costs
shall be estimated and determined by the Municipal Engineer based
on documented construction costs for public improvements prevailing
in the general area of the municipality, pursuant to N.J.S.A. 40:55D-53.4.
(1) For those developments for which the reasonably anticipated
fees are less than $10,000, fees may, at the option of the applicant,
be paid in two installments. The initial amount deposited by an applicant
shall be 50% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the applicant has been reduced by the amount
paid to the Municipal Engineer for inspection, the applicant shall
deposit the remaining 50% of anticipated inspection fees.
(2) Those developments for which the reasonably anticipated
fees are $10,000 or greater, these may, at the option of the applicant,
be paid in four installments. The initial amount deposited by an applicant
shall be 25% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the applicant has been reduced by the amount
paid to the Municipal Engineer for inspection, the applicant shall
make additional deposits of 25% of the reasonably anticipated fees.
C. The Municipal Engineer shall not perform any inspections
if sufficient funds to pay for those inspections are not on deposit.
(1) All payments charged to the deposit shall be pursuant
to vouchers from the professional stating the hours spent, the hourly
rate and the expenses incurred. The municipality shall render a written
final accounting to the applicant on the uses to which the deposit
was put. Thereafter the municipality shall upon written request provide
copies of the vouchers to the applicant. If the salary, staff support
and overhead are provided by the municipality, the charge to the deposit
shall not exceed 200% of the sum of the products resulting from multiplying
the hourly base salary of each of the professionals by the number
of hours spent by the respective professional on review of the application
for development or the applicant's improvements, as the case may be.
For other professionals the charge to the deposits shall be at the
same rate as all other work of the same nature by the professional
for the municipality.
(2) If at any time during the review procedure 75% of
the deposit money posted shall have been expended, the applicant shall
be required to post such additional sums as may be required to cover
additional anticipated municipal expenses for professional services.
[Added 2-9-2009 by Ord. No. 2009-2]
A. Purpose.
(1) In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550
(1990), the New Jersey Supreme Court determined that mandatory development
fees are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27d-301
et seq., and the State Constitution, subject to the rules adopted
by the New Jersey Council on Affordable Housing (COAH).
(2) Pursuant to P.L. 2008, c. 46 § 8 (N.J.S.A. 52:27D-329.2),
and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1
through 40:55D-8.7), COAH is authorized to adopt and promulgate regulations
necessary for the establishment, implementation, review, monitoring
and enforcement of municipal affordable housing trust funds and corresponding
spending plans. Municipalities that are under the jurisdiction of
the Council or court of competent jurisdiction and have an approved
spending plan may retain fees collected from nonresidential development.
(3) This section establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to COAH's regulations
and in accordance with P.L. 2008, c. 46, §§ 8 and 32
through 38. Fees collected pursuant to this section shall be used
for the sole purpose of providing low- and moderate-income housing.
This section shall be interpreted within the framework of COAH's rules
on development fees, codified at N.J.A.C. 5:97-8.
B. Basic requirements.
(1) The Borough of Beach Haven shall not impose development fees on any
applicant pursuant to this section until COAH or a court has approved
the Development Fee Ordinance pursuant to N.J.A.C. 5:96-5.1.
(2) The Borough of Beach Haven shall not spend development fees until
COAH or a court has approved a plan for spending such fees in conformance
with N.J.A.C. 5:97-8.10 and 5:96-5.3.
C. Definitions. The following terms, as used in this section, shall
have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project, or a one-hundred-percent affordable
development.
COAH or THE COUNCIL
The New Jersey Council on Affordable Housing established
under the Act which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
considerations in the state.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
DEVELOPMENT FEE
Money paid by a developer for the improvement of property
as permitted under N.J.A.C. 5:97-8.3.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with §§ 1,
5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through c).
GREEN BUILDING STRATEGIES
Those strategies that minimize the impact of development
on the environment, and enhance health, safety and well-being of residents
by producing durable, low-maintenance, resource-efficient housing
while making optimum use of existing infrastructure and community
services.
D. Residential development fees.
(1) Imposed fees.
(a)
Within the Borough of Beach Haven zoning districts, residential
developers, except for developers of the types of development specifically
exempted below, shall pay a fee of 1.5% of the equalized assessed
value for residential development, provided no increased density is
permitted.
(b)
When an increase in residential density pursuant to N.J.S.A.
40:55D-70d(5) (known as a "d" variance) has been permitted, developers
may be required to pay a development fee of 6% of the equalized assessed
value for each additional unit that may be realized. However, if the
zoning on a site has changed during the two-year period preceding
the filing of such a variance application, the base density for the
purposes of calculating the bonus development fee shall be the highest
density permitted by right during the two-year period preceding the
filing of the variance application.
(2) Eligible exactions, ineligible exactions, and exemptions for residential
development.
(a)
Affordable housing developments and developments where the developer
has made a payment in lieu of on-site construction of affordable units
shall be exempt from development fees.
(b)
Developments that have received preliminary or final site plan
approval prior to the adoption of a municipal development fee ordinance
shall be exempt from development fees, unless the developer seeks
a substantial change in the approval. Where a site plan approval does
not apply, a zoning and/or building permit shall be synonymous with
preliminary or final site plan approval for this purpose. The fee
percentage shall be vested on the date that the building permit is
issued.
(c)
Development fees shall be imposed and collected when an existing
structure undergoes a change to a more intense use, is demolished
and replaced, or is expanded, if the expansion is not otherwise exempt
from the development fee requirement. The development fee shall be
calculated on the increase in the equalized assessed value of the
improved structure.
(d)
Structural alterations that do not increase gross floor area
of a building or structure or increase the equalized assessed value
of a property shall be exempted from paying a development fee.
(e)
Nonprofit organizations constructing residential projects which
have received tax exempt status pursuant to Section 501(c)(3) of the
Internal Revenue Code, providing current evidence of that status is
submitted to the Municipal Clerk, together with a certification that
services of the organization are provided at reduced rates to those
who establish an inability to pay existing charges, shall be exempted
from paying a development fee.
(f)
Federal, state, county and local governments constructing residential
housing shall be exempted from paying a development fee.
(g)
Residential reconstruction projects resulting from fire, flood,
or natural disaster.
E. Nonresidential development fees.
(1) Imposed fees.
(a)
Within all zoning districts, nonresidential developers, except
for developers of the types of development specifically exempted,
shall pay a fee equal to 2.5% of the equalized assessed value of the
land and improvements for all new nonresidential construction on an
unimproved lot or lots.
(b)
Nonresidential developers, except for developers of the types
of development specifically exempted, shall also pay a fee equal to
2.5% of the increase in equalized assessed value resulting from any
additions to existing structures to be used for nonresidential purposes.
(c)
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the preexisting land and improvement and the equalized assessed
value of the newly improved structure, i.e., land and improvement,
at the time final certificate of occupancy is issued. If the calculation
required under this section results in a negative number, the nonresidential
development fee shall be zero.
(2) Eligible exactions, ineligible exactions and exemptions for nonresidential
development.
(a)
The nonresidential portion of a mixed-use inclusionary or market-rate
development shall be subject to the two-and-one-half-percent development
fee, unless otherwise exempted below.
(b)
The two-and-one-half-percent fee shall not apply to an increase
in equalized assessed value resulting from alterations, change in
use within existing footprint, reconstruction, renovations and repairs.
(c)
Nonresidential developments shall be exempt from payment of
nonresidential development fees in accordance with the exemptions
required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF,
State of New Jersey Non-Residential Development Certification/Exemption
Form. Any exemption claimed by a developer shall be substantiated
by that developer.
(d)
A developer of a nonresidential development exempted from the
nonresidential development fee pursuant to P.L. 2008, c. 46, shall
be subject to it at such time the basis for the exemption no longer
applies, and shall make the payment of the nonresidential development
fee, in that event, within three years after that event or after the
issuance of the final certificate of occupancy of the nonresidential
development, whichever is later.
(e)
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid nonresidential development fees under these circumstances
may be enforceable by the Borough of Beach Haven as a lien against
the real property of the owner.
(f)
Federal, state, county and local governments constructing nonresidential
housing shall be exempted from paying a development fee.
F. Collection procedure.
(1) Upon the granting of a preliminary, final or other applicable approval
for a development, the applicable approving authority shall direct
its staff to notify the Borough's construction official responsible
for the issuance of a building permit.
(2) For nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF, State of New Jersey Non-Residential
Development Certification/Exemption, to be completed as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The construction official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in the Form N-RDF. The Tax Assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
(3) The construction official responsible for the issuance of a building
permit shall notify the local tax assessor of the issuance of the
first building permit for a development which is subject to a development
fee.
(4) Within 90 days of receipt of that notice, the Municipal Tax Assessor,
based on the plans filed, shall provide an estimate of the equalized
assessed value of the development.
(5) The construction official responsible for the issuance of a final
certificate of occupancy notifies the local assessor of any and all
requests for the scheduling of a final inspection on property which
is subject to a development fee.
(6) Within 10 business days of a request for the scheduling of a final
inspection, the Municipal Assessor shall confirm or modify the previously
estimated equalized assessed value of the improvements of the development;
calculate the development fee; and thereafter notify the developer
of the amount of the fee.
(7) Should the Borough of Beach Haven fail to determine or notify the
developer of the amount of the development fee within 10 business
days of the request for final inspection, the developer may estimate
the amount due and pay that estimated amount consistent with the dispute
process set forth in Subsection b of § 37 of P.L. 2008,
c. 46 (N.J.S.A. 40:55D-8.6).
(8) Fifty percent of the development fee shall be collected at the time
of issuance of the building permit. The remaining portion shall be
collected at the issuance of the certificate of occupancy. The developer
shall be responsible for paying the difference between the fee calculated
at building permit and that determined at issuance of certificate
of occupancy.
(9) Appeal of development fees.
(a)
A developer may challenge residential development fees imposed
by filing a challenge with the County Board of Taxation. Pending a
review and determination by the Board, collected fees shall be placed
in an interest-bearing escrow account by the Borough of Beach Haven.
Appeals from a determination of the Board may be made to the tax court
in accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
(b)
A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest-bearing escrow account by the Borough of
Beach Haven. Appeals from a determination of the Director may be made
to the tax court in accordance with the provisions of the State Tax
Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after
the date of such determination. Interest earned on amounts escrowed
shall be credited to the prevailing party.
G. Affordable Housing Trust Fund.
(1) There is hereby created a separate, interest-bearing housing trust
fund to be maintained by the Borough's Chief Financial Officer for
the purpose of depositing development fees collected from residential
and nonresidential developers and proceeds from the sale of units
with extinguished controls.
(2) The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
(a)
Payments in lieu of on-site construction of affordable units;
(b)
Developer-contributed funds to make 10% of the affordable entrances
in a townhouse or other multistory attached development accessible;
(c)
Rental income from municipally operated units;
(d)
Repayments from affordable housing program loans;
(f)
Proceeds from the sale of affordable units; and
(g)
Any other funds collected in connection with the Borough of
Beach Haven's affordable housing program.
(3) Within seven days from the opening of the trust fund account, the
Borough of Beach Haven shall provide COAH with written authorization,
in the form of a three-party escrow agreement between the municipality,
the Borough's banking institution, and COAH, to permit COAH to direct
the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).
(4) No funds shall be expended from the Affordable Housing Trust Fund
unless the expenditure conforms to a spending plan approved by COAH
or the court. All interest accrued in the housing trust fund shall
only be used on eligible affordable housing activities approved by
COAH or the court.
H. Use of funds.
(1) The expenditure of all funds shall conform to a spending plan approved
by COAH or the court. Funds deposited in the housing trust fund may
be used for any activity approved by COAH or the court to address
the Borough of Beach Haven's fair share obligation and may be set
up as a grant or revolving loan program. Such activities include,
but are not limited to: preservation or purchase of housing for the
purpose of maintaining or implementing affordability controls, rehabilitation,
new construction of affordable housing units and related costs, accessory
apartment, market to affordable, or regional housing partnership programs,
conversion of existing nonresidential buildings to create new affordable
units, green building strategies designed to be cost saving and in
accordance with accepted national or state standards, purchase of
land for affordable housing, improvement of land to be used for affordable
housing, extensions or improvements of roads and infrastructure to
affordable housing sites, financial assistance designed to increase
affordability, administration necessary for implementation of the
Housing Element and Fair Share Plan, or any other activity as permitted
pursuant to N.J.A.C. 5:97-8.7 through 5:97-8.9 and specified in the
approved spending plan.
(2) Funds shall not be expended to reimburse the Borough of Beach Haven
for past housing activities.
(3) At least 30% of all development fees collected and interest earned
shall be used to provide affordability assistance to low- and moderate-income
households in affordable units included in the municipal Fair Share
Plan. One-third of the affordability assistance portion of development
fees collected shall be used to provide affordability assistance to
those households earning 30% or less of median income by region.
(a)
Affordability assistance programs may include down payment assistance,
security deposit assistance, low-interest loans, rental assistance,
assistance with homeowners' association or condominium fees and special
assessments, and assistance with emergency repairs.
(b)
Affordability assistance to households earning 30% or less of
median income may include buying down the cost of low- or moderate-income
units in the municipal Fair Share Plan to make them affordable to
households earning 30% or less of median income. The use of development
fees in this manner shall entitle the Borough of Beach Haven to bonus
credits pursuant to N.J.A.C. 5:97-3.7.
(c)
Payments in lieu of constructing affordable units on site and
funds from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
(4) The Borough of Beach Haven may contract with a private or public
entity to administer any part of its Housing Element and Fair Share
Plan, including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:96-18.
(5) No more than 20% of all revenues collected from development fees
may be expended on administration, including, but not limited to,
salaries and benefits for municipal employees or consultant fees necessary
to develop or implement a new construction program, a Housing Element
and Fair Share Plan, and/or an affirmative marketing program. In the
case of a rehabilitation program, no more than 20% of the revenues
collected from development fees shall be expended for such administrative
expenses. Administrative funds may be used for income qualification
of households, monitoring the turnover of sale and rental units, and
compliance with COAH's monitoring requirements. Legal or other fees
related to litigation opposing affordable housing sites or objecting
to the Council's regulations and/or actions are not eligible uses
of the Affordable Housing Trust Fund.
I. Monitoring. The Borough of Beach Haven shall complete and return
to COAH all monitoring forms included in the annual monitoring report
related to the collection of development fees from residential and
nonresidential developers, payments in lieu of constructing affordable
units on site, and funds from the sale of units with extinguished
controls, barrier-free escrow funds, rental income, repayments from
affordable housing program loans, and any other funds collected in
connection with the Borough of Beach Haven's housing program, as well
as to the expenditure of revenues and implementation of the plan approved
by the court. All monitoring reports shall be completed on forms designed
by COAH.
J. Ongoing collection of fees. The ability of the Borough of Beach Haven
to impose, collect and expend development fees shall expire with its
judgment of compliance unless the Borough of Beach Haven has filed
an adopted Housing Element and Fair Share Plan with COAH, has petitioned
COAH for substantive certification, or brought a declaratory relief
action in court pursuant to N.J.S.A. 52:27D-313 and has received approval
of its development fee ordinance by COAH or a court. If the Borough
of Beach Haven fails to renew its ability to impose and collect development
fees prior to the expiration of its judgment of compliance, it may
be subject to forfeiture of any or all funds remaining within its
municipal trust fund. Any funds so forfeited shall be deposited into
the New Jersey Affordable Housing Trust Fund, established pursuant
to § 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). The
Borough of Beach Haven shall not impose a residential development
fee on a development that receives preliminary or final site plan
approval after the expiration of its judgment of compliance, nor shall
the Borough of Beach Haven retroactively impose a development fee
on such a development. The Borough of Beach Haven shall not expend
development fees after the expiration of its judgment of compliance.
If an application for development contains multiple
applications, i.e., a combination of any of the following applications:
variances, subdivision, conditional use or site plan, the applicant
shall submit the designated fee for each class of the application.
[Amended 8-22-1994 by Ord. No. 94-28; 10-12-1999 by Ord. No.
99-15]
A. The "administrative charges" are flat fees to cover
administrative expenses and are nonrefundable.
B. The "escrow account deposits" are required to pay
for the costs of professional services including engineering, planning,
legal and other expenses connected with the review of submitted materials,
including any traffic engineering review or other special analysis
related to the Borough's review of the submitted materials, or any
necessary studies regarding off-tract improvements. An applicant is
responsible to reimburse the Borough for all expenses of professional
personnel incurred and paid by the Borough for the review process
of an application for development before a municipal agency, such
as, but not limited to:
(1) Charges for reviews by professional personnel of applications,
plans and accompanying documents.
(2) Issuance of reports by professional personnel to the
municipal agency setting forth recommendations resulting from the
review of any documents submitted by the applicant.
(3) Charges for any telephone conference or meeting requested
or initiated by the applicant, his attorney or any of his experts
or representatives.
(4) Review of additional documents submitted by the applicant
and issuance of reports relating thereto.
(5) Review or preparation of easements, developer's agreements,
deeds, approval resolutions or the like.
(6) Preparation for and attendance at all meetings by
professionals such as the Board Planner, Traffic Engineer or other
experts as required.
(7) The cost of expert advice or testimony obtained by
the municipal agency for the purpose of corroborating testimony of
the applicant's experts.
C. The escrow account deposits shall be placed in a separate
account by the Borough Treasurer/Chief Financial Officer at the direction
of the Administrative Officer and an accounting shall be kept of each
applicant's deposit.
(1) All professional charges shall be paid from the account
and charged to the applicant.
(2) Any moneys not expended for professional services
may be returned to the applicant within 90 days upon written request
by the applicant and as authorized by the Council.
[Amended 9-13-2010 by Ord. No. 2010-20]
(3) If, at any time during the review procedure, 75% of
the moneys posted shall have been expended, the applicant shall be
required to post such additional sum as may be required by the Administrative
Officer to cover professional costs.
(4) The applicant shall not be entitled to proceed with
the application or any development until such time as the necessary
moneys have been posted to guarantee payment of professional service
fees.
(5) All payments charged to the deposit shall be pursuant
to vouchers from the professionals stating the hours spent, the hourly
rate and the expenses incurred.
(6) No professional submitting charges to the Borough
for any review of an application for development shall charge for
such services at any higher rate or in any different manner than would
normally be charged to the Borough for similar work.
(7) The Borough shall render a written final accounting
to the developer on the uses to which the deposit was put and, thereafter,
the Borough shall, upon written request, provide copies of the vouchers
to the developer.
D. Each applicant shall agree to pay all reasonable costs
for professional review of the application. All such costs for review
must be paid before any approved plat, plan or deed is signed and
before any zoning permit, construction permit, certificate of occupancy
and/or other permit is issued.
E. Payment by the Borough of any bill rendered by a professional
to the municipality with respect to any service for which the municipality
is entitled to reimbursement under this article shall in no way be
contingent upon receipt by the municipality of reimbursement from
the applicant, nor shall any payment to a professional be delayed
pending the reimbursement from an applicant.
F. If an applicant desires a court reporter, the cost
for taking testimony and transcribing it and providing a copy of the
transcript to the Borough shall be at the expense of the applicant
who also shall arrange for the reporter's attendance.
[Added 8-22-1994 by Ord. No. 94-28]
A. Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the Borough for professional services employed by the municipality to review applications for development, for municipal inspection fees in accordance with §
90-5 hereof and N.J.S.A. 40:55D-53h, or to satisfy the guarantee requirements of N.J.S.A. 40:55D-53a and other Borough ordinances, the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided herein, shall continue to be the property of the applicant and shall be held in escrow and trust by the Borough.
B. Upon receipt of such moneys, the Borough shall deposit
the same in a banking institution or savings and loan association
in New Jersey insured by an agency of the federal government or in
any other fund or depository approved for such deposits by the State
of New Jersey, in an account bearing interest at the minimum rate
currently paid by the institution or depository on time or savings
deposits.
C. The Borough 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.
D. The Borough 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 applicant and shall be refunded to him by the Borough annually
or at the time the deposit is repaid or applied to the purposes to
which it was deposited, as the case may be; except that the Borough
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 related to such deposit.
[Added 2-10-1997 by Ord. No. 96-18]
A. Charitable organizations. All charitable, philanthropic,
fraternal and religious nonprofit organizations holding a tax-exempt
status under the Federal Internal Revenue Code of 1954.
B. The Board of Education shall be exempt from the payment
of any Land Use Board fee charged under this article, in accordance
with N.J.S.A. 40:55D-8 of the Municipal Land Use Law.
[Added 11-10-2008 by Ord. No. 2008-12]
On a quarterly basis beginning in January 2009, in order to comply with the notification and accounting requirements for monies being held by the Borough in escrow pursuant to §§
90-1,
90-2,
90-3 and
90-4, the Borough's Chief Financial Officer shall provide accountings on a quarterly basis to the person placing said funds in escrow with the Borough.
[Adopted 5-23-2012 by Ord. No. 2012-7C]