A. 
Every applicant filing an application for development or for other relief for which notice must be given pursuant to § 310-31 shall pay the nonrefundable fees as set forth in Chapter 235, Fees.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Application fee. The application fee is a flat fee to cover administrative expenses and is nonrefundable. The escrow fund account is established to cover the costs of professional services, including engineering, planning, legal and other expenses connected with the review and processing of the submitted materials. Sums not utilized in the review process shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow within 15 days.
C. 
Exemption from fees. The municipality may by ordinance exempt, according to uniform standards, charitable, philanthropic, fraternal and religious nonprofit organizations holding a tax-exempt status under the Federal Internal Revenue Code of 1954 [26 U.S.C. § 501(c) or (d)] from the payment of any fee charge under this chapter.
D. 
Multiple approvals. Where one application for development includes several approval requests of one variance type, the cumulative sum of the individual required variance application fees shall be paid.
E. 
Professional reviews. Each applicant for subdivision or site plan or construction permit approval shall agree to pay all reasonable costs for professional review of the application and for inspection of the improvements. All such costs for review and inspection must be paid before any approval plat, plan or deed is signed or any construction permit is issued, and all remaining costs must be paid in full before any occupancy of the premises is permitted or certificate of occupancy issued. The cost per each inspection related to a single-family home shall be as set forth in Chapter 235, Fees, unless specified elsewhere in this chapter or in the Uniform Construction Code.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Court reporters. If an applicant desires a court reporter, the cost for taking testimony and transcribing it and providing a copy of the transcript to the Township shall be at the expense of the applicant who shall arrange for the reporter's attendance.
G. 
Revision fees for applications previously approved shall be as set forth in Chapter 235, Fees.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
Miscellaneous fees for items not covered shall be as set forth in Chapter 235, Fees.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
I. 
Zoning permit. The zoning permit fee shall be as set forth in Chapter 235, Fees, in addition to all fees for normal subdivisions and site plans.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
J. 
Annexation. The fee for a hearing on a petition for annexation shall be as set forth in Chapter 235, Fees.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
K. 
Farmland preservation. The fee to review a petition for inclusion of a parcel in a municipally approved farmland preservation program shall be as set forth in Chapter 235, Fees.[7]
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
L. 
Waiver of fees. When an application is made by a nonprofit charitable corporation, by a fire company which is part of the Township Fire Department, a first aid and rescue squad receiving appropriations from the Township, or a governmental agency, Township, state or federal, the municipal agency having jurisdiction of the application may, in its discretion, waive all or part of any filing fee hereinabove provided for.
A. 
Payment of deposits; acceptable charges. The Chief Financial Officer of the municipality shall make all of the payments to professionals for services rendered to the municipality or Planning Board 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 initial escrow deposit shall be as hereinafter set forth. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents, inspections of developments under construction and 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 costs that shall be added to any such charges shall be actual out-of-pocket expenses of any 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 herein, nor shall a municipal professional add any such charge to his bill.
B. 
Professional services defined. The term "professional services" as utilized herein includes the services of a duly licensed engineer, surveyor, planner, attorney, scientist, realtor, appraiser or other professional or expert who provides services for review, advice, preparation of reports and/or expert testimony, for inspection of proper surrounding area and for tests performed, in order to assist the Board in the review of the application before it.
C. 
Amount of escrow. Subject to the provisions of Subsection D, each applicant shall, prior to the application being ruled complete pursuant to the provisions of the Municipal Land Use Law and this section, submit the following sums to be held in escrow in accordance with the provisions hereof:
Residential Developments
Number of Units
Escrow to be Posted
0 to 2
$500
3 to 25
An additional $2,000
26 to 100
An additional $2,000
101 to 500
An additional $5,000
501 to 1,000
An additional $7,000
1,001 or more
An additional $10,000
Commercial Development Application Not Involving Structures
Lots
Escrow to be Posted
0 to 3
$3,500
3 or more
$5,000
Commercial Development Application Involving Structures
Total Floor Plan
Escrow to be Posted
1,250 to 2,500 square feet
$1,000
2,500 to 20,000 square feet
$2,000
20,000 or more square feet
$5,000
Soil Removal
Activity
Escrow to be Posted
Soil removal
$3,500
D. 
Escrow fees; review for adequacy.
(1) 
The Planning Board or its authorized committee or designee, as the case may be, shall, in conjunction with the appropriate representatives of the staff of the Township of Mine Hill, review said application for development to determine whether the escrow amount set for the above is adequate. In conducting such review, said Board shall consider the following criteria:
(a) 
The presence or absence of public water and/or sewer servicing the site.
(b) 
Environmental considerations, including but not limited to geological, hydrological and ecological factors.
(c) 
Traffic impact of the proposed development.
(d) 
Impact of the proposed development on existing aquifer and/or water quality.
(2) 
Upon completion of said review, the Board or its authorized committee shall determine whether the escrow amount specified above is sufficient, excessive or insufficient. In the event that the Board or its authorized committee shall determine that the amount is excessive, it shall specify the amount that shall be deemed sufficient, including a specification, if appropriate, that no escrow be posted. In the event that the Board or its authorized committee shall determine the amount specified above is insufficient, it shall so specify and shall further set forth the amount to be posted in light of the criteria specified herein.
(3) 
No application for development shall be deemed complete until such time as the applicant shall have posted with the Township of Mine Hill, in cash, check or money order, the amount of escrow deposit determined by the Planning Board to be required in accordance with the provisions of this section.
E. 
Additional escrow deposits. The Board may require additional escrow deposits by the applicant to be posted during the course of the review of an application, provided that:
(1) 
The original amounts escrowed pursuant to this section have been exhausted; and
(2) 
Additional professional services or expert services must reasonably be incurred in order to complete the review of the application and to properly decide the same. In the event that additional escrow moneys are required, they shall not be deemed items required for the application to be complete but may be required as additional information reasonably required to decide the application. In the Board's discretion, their payment may be required as a condition of any approval granted.
F. 
Charges for professional services. The applicant shall be responsible to reimburse the municipality with regard to specific professional services in accordance with the following:
(1) 
Charges for any professional for required attendance at a regular or special meeting during which hearings are held on the application in question; provided, however, that where hearings are held on other applications at the same hearing, the cost of attendance of the municipality's professionals shall be reimbursed on a pro rata basis.
(2) 
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 the applicant's professionals.
(3) 
The cost of all necessary inspections and for such other services necessary to assure that all work is performed in compliance with the approved plans and governing laws or ordinances.
G. 
Deposit of escrow funds; refunds. 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.
H. 
Reimbursement for inspection of improvements. The developer shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the inspection and/or testing of improvements. The municipality may require the applicant to make a deposit for all or a portion of the reasonably anticipated fees to be paid to the Municipal Engineer for such inspections pursuant to N.J.S.A. 40:55D-53h.
I. 
Inspection of improvements. All of the improvements in a subdivision or site plan shall be inspected and approved by the Township Engineer. The subdivider or his agent, employee or contractor shall notify the Township Engineer and the Secretary of the reviewing Municipal Board that the work is ready for any required inspection specified herein or required to be performed by the Township Engineer, the Construction Official or the appropriate subcode official. This notice shall be given at least 48 hours prior to the start of the construction and at least 48 hours prior to the time the inspection is desired. Inspection shall be performed within three business days of the time for which it was requested. The work shall not proceed in a manner which shall preclude the inspection until it has been made. No underground installation shall be covered until inspected and approved.
J. 
Payments; vouchers; insufficient deposit.
(1) 
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 1/4 of an hour increments, the hourly rate and charges 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 the municipal agency for whom said services were performed.
(2) 
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. If an escrow account or deposit contains insufficient funds to enable the municipality or Planning Board 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. 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 Planning Board and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
K. 
Liens on property.
(1) 
Should any fees for applications for development, expert witness fees, consultants fees, review fees, inspection fees or fees of any nature connected with an application for development be due and unpaid by an applicant for development and/or owner of the subject property for a period of 14 days after written notice of the amount due was mailed to the owner and applicant, the Township Clerk or Mayor or Assistant Clerk or other officer or employee of the Township of Mine Hill may execute a written statement of lien showing the amount due to the Township and may record the same in the Morris County Clerk's office as a lien on the subject property. The lien shall include interest at the rate of 12% per annum, recording fees and reasonable attorneys' fees.
(2) 
Should the lien remain unpaid, the Township Tax Collector, Clerk or other officer authorized by the Township Council shall have the power to sell the property to collect the amount of the lien, together with interest, attorneys' fees and recording fees, pursuant to N.J.S.A. 54:5-19 et seq. and other applicable laws of the State of New Jersey.
L. 
Payments required prior to issuance of permits. 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.
M. 
Closeout procedures.
(1) 
The following closeout procedures shall apply to all deposits and escrow accounts established under the provisions of N.J.S.A. 40:55D-1 et seq. and shall commence after the Planning Board 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 N.J.S.A. 40:55D-53, in the case of improvement inspection escrows and deposits.
(2) 
The applicant shall send written notice, by certified mail, to the Chief Financial Officer of the municipality and the Planning Board and to the relevant municipal professional that the application or the improvements, as the case may be, are completed. 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. The Chief Financial Officer of the municipality shall render a written final accounting to the applicant on the use 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.
N. 
Scope of charges. 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 Planning Board or upon review of compliance with the conditions of approval or review of requests 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.
O. 
Limitation of inspection fees. 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.
P. 
Substitution of professionals. If the municipality retains a different professional or consultant in the place of a professional originally responsible for the development application review or inspection of improvements, the municipality or Planning Board 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 Planning Board shall not bill the applicant or charge to the deposit or the escrow account for any such services.
Q. 
Estimate of cost of improvements. 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.
R. 
Appeals.
(1) 
An applicant shall notify, in writing, the governing body, with copies to the Chief Financial Officer, the Planning Board 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 copies of the appeal to the municipality, Planning Board 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.
(2) 
The County Construction Board of Appeals shall hear the appeal, render a decision thereon and file its decision with a statement of the reasons therefor with the municipality or Planning Board not later than 10 business days following the submission of the appeal, unless such period of time has been extended with the consent of the applicant. The decision may approve, disapprove or modify the professional charges appealed from. Copies of the decision shall be forwarded, by certified or registered mail, to the party making the appeal, the municipality, the Planning Board and the professional involved in the appeal. Failure by the Board to hear an appeal and render and file a decision thereon within the time limits prescribed in this subsection shall be deemed a denial of the appeal for purposes of a complaint, application or appeal to a court of competent jurisdiction.
(3) 
Appeals shall be taken in accordance with the rules and procedures established by the County Construction Board of Appeals.
(4) 
During the pendency of any appeal, the municipality or Planning Board 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.