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]
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.
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.
