[Amended 10-20-1986 by Ord. No. 86-16; 8-8-2000 by Ord. No. 2000-18; 2-26-2007 by Ord. No. 2007-1; 12-18-2007 by Ord. No. 2007-20; 7-15-2008 by Ord. No. 2008-12; 10-21-2008 by Ord. No. 2008-15[1]]
[1]
Editor's Note: This ordinance provided that it is intended
to reflect and include the same terms and provisions as Ord. No. 2007-20,
adopted 12-18-2007, and Ord. No. 2008-12, adopted 7-15-2008. The reintroduction
and adoption of the ordinance intended to correct any and all procedural
deficiencies which may have occurred at the previous ordinance adoptions.
The purpose of this article is to provide for the establishment
of a fee schedule for the payment of fees with respect to all applications
submitted to the Borough pursuant to Borough land use development
regulations.
A.
Required fees and escrow amounts. The following list of applications
must be accompanied, at the time of submission of the application,
by the fees and escrow amounts set forth in Schedule 2-1 below.[1] These fees and escrow amounts shall consist of the sum
of the following: in Column A, an administrative fee which is charged
to the applicant to cover the costs associated with the clerical processing
and filing of the application, which fee shall be nonrefundable; and
in Column B, a professional review escrow amount which shall be deposited
into the professional review escrow account maintained by the Municipal
Treasurer. The deposit required of the applicant and deposited into
the professional review escrow account shall cover the costs associated
with the required review of the application by the Planning Board's
engineer, planner or attorney, and for applications submitted pursuant
to N.J.S.A. 40:55D-70d, such other professionals as the Planning Board
may reasonably require, which review shall include a written report
on the application to be submitted to the Board. Prior to drawing
moneys out of the professional review escrow account, each professional
engaged by the Board shall submit an invoice to the Board Chairperson
or his/her designee for approval. Following conclusion of the hearings
and meetings regarding the application, any unused funds deposited
by an applicant into the professional review escrow account shall
be refunded to the applicant simultaneously with payment of the invoice
of the Board's professional(s). Upon reimbursement of any unused funds,
an applicant may request an accounting of expended funds, and the
same will be provided to the applicant within 30 days of a written
request filed with the Board.[2]
[1]
Editor's Note: Schedule 2-1 is included as an attachment to this chapter.
B.
Additional fees; request for additional professional review. An applicant
may request that a Board professional schedule additional time, in
excess of that covered by the moneys paid into the professional review
escrow account, for review of a specific application. If the Board
professional consents to such a request, both the applicant and the
professional shall sign a consent form authorizing such additional
review. When the additional review is completed, the professional
shall submit an invoice to the Board, and simultaneously therewith
a copy to the applicant, detailing the number of hours expended for
such review, the professional's fee and a description of the work
performed. Said invoice shall be due and payable by the applicant
prior to memorialization of the Board's decision on the particular
application.
C.
Variances and exceptions. In addition to the administrative fees
and professional review escrow amount set forth in Schedule 2-1, additional
professional review escrow accounts, where applicable, and in the
following amounts, shall also be paid by the applicant:
D.
Notes.
(1)
There shall be no charge to any applicant pursuant to Subsection C of this section for any request for an adjustment in the sizes or widths of either parking stalls or parking lot aisles.
(2)
Thus,
the total amount paid by the applicant should consist of the sum of
the administrative fee, plus the professional review escrow amount,
plus the add-ons for requested building variances and exceptions.
A.
Required escrow amounts. For development applications that are deemed
to be complex applications, as specifically enumerated and defined
below, the applicant shall be required to place into the professional
review escrow account the amount indicated in the following Schedule
2-2.[1] The amount is required to be placed into the professional
review escrow account for a complex application to cover the costs
of the extra review time provided by the Board's planner, attorney
and engineer due to the complexity of the application. The moneys
deposited into the account shall cover up to two hours of meeting
and/or consultation time between the applicant's professional(s) and
the Board's professional(s) and the furnishing of a written report
by the Board's professional(s) on the application. Prior to drawing
moneys out of the professional review escrow account, the Board's
professional(s) shall submit an invoice to the Board Chairperson,
or his/her designee, for approval. Following the conclusion of the
hearings and meetings regarding the application, any unused portion
of this professional review escrow account shall be refunded to the
applicant simultaneously with payment of the Board's professional(s).
Upon reimbursement of any unused funds, an applicant may request an
accounting of expended funds, and the same will be provided to the
applicant within 30 days of a written request filed with the Board.
[1]
Editor's Note: Schedule 2-2 is included as an attachment to this chapter.
B.
Additional amounts requested for additional professional review.
An applicant may request that a Board professional schedule additional
time, in excess of that covered by the moneys paid into the professional
review escrow account, for review of a specific application. If the
Board professional consents to such a request, both the applicant
and the professional shall sign a consent form authorizing such additional
review. When the additional review is completed, the professional
shall submit an invoice to the Board, and simultaneously therewith
a copy to the applicant, detailing the number of hours expended for
such review, the professional's fee and a description of the work
performed. Said invoice shall be due and payable by the applicant
prior to memorialization of the Board's decision on the particular
application.
C.
If an applicant desires a certified court reporter, the cost of taking
testimony and transcribing it and making a copy of the transcription
available to the Borough shall be at the expense of the applicant,
who shall also arrange for the reporter's attendance.
On each application for a "d" variance filed pursuant to N.J.S.A.
40:55D-70d, the applicant shall be required to post to the professional
review escrow account a minimum amount of $1,000. The applicant shall
also be required to post such additional amounts into the professional
review escrow account as may be deemed to be reasonably required by
the Board to appropriately consider the application. The amounts required
pursuant to this section shall be required to cover the costs of review
of the application by the Board's engineer, planner and attorney as
well as the costs of possible review, in appropriate instances, by
special professionals, e.g., traffic, landscaping and environmental
professionals, required to review specific aspects of the application.
An applicant shall be notified in writing when additional amounts
to restore the professional review escrow account shall become due
and payable. Prior to withdrawal of any funds from this professional
review escrow account, an invoice shall be submitted to the Board
Chairperson or his/her designee, and simultaneously therewith to the
applicant, setting forth the work performed for which such fees are
being requested. Following conclusion of the hearings and meeting
regarding the application, any unused portion of this professional
review escrow account shall be refunded to the applicant simultaneously
with payment of the Board's professional(s). Upon reimbursement of
any unused funds, an applicant may request an accounting of expended
funds, and the same will be provided to the applicant within 30 days
of a written request filed with the Board.
A.
Special professional meeting. Any applicant for development may request
that a special meeting be scheduled between the applicant and its
professionals and the Board's planner, engineer and attorney. Such
meeting shall be scheduled upon request of the applicant and at the
discretion of the Chairperson or Board attorney. If the request is
directed to the Board attorney, the attorney shall notify the Chairperson,
in writing, of the scheduled time and place of the meeting. The applicant
shall post $500 for such a meeting, which professional review escrow
amount shall provide for a meeting of one hour and shall be deemed
to include, for purposes of calculating the time of the Board's professionals,
1/2 hour of preparation time and 1/2 hour of post-meeting time. Said
professional review escrow amount shall be posted by the applicant
prior to or at the commencement of the meeting.
B.
Special Planning Board meeting. Any applicant may request that a
special meeting of the Board be scheduled and devoted exclusively
to a single application. Such meeting shall be scheduled upon request
of the applicant and at the discretion of either the Board Chairperson
or his/her designee. Such special meeting shall be of no more than
a three-hour duration. The time of the Board's professionals required
to prepare for and follow up after such special meeting shall be charged
against such professional review escrow account. The professional
review escrow amount for such a meeting shall be $1,000. The professional
review escrow amount shall be posted by the applicant prior to or
at the commencement of the special meeting. If such a meeting shall,
by agreement of the Board and the applicant, extend beyond the three-hour
meeting time allotted, the applicant shall deposit any additional
funds into the professional review escrow account which may be required
to cover the costs of the additional time expended by the Board's
professionals for such an extended meeting. All such additional amounts
shall be paid by the applicant promptly after the meeting.[1]
C.
Where an application for development includes several approval requests,
the sum of the individual required fees shall be paid, except that
there shall be no cumulative fees charged to an applicant for individual
bulk variances which may be part of a "d" variance application.
A.
The Board, when acting upon an application, shall have the power,
for good cause shown, to grant a remission or waiver from all or any
portion of the fee schedules herein established based upon any of
the following:
(1)
The nonprofit status of the applicant.
(2)
A determination that collection of the fees would constitute an economic
hardship upon the applicant.
(3)
The unique characteristics of the application, making collection
of the full fees substantially disproportionate to the regulatory
costs applicable to reviewing the application.
(4)
For other good cause established in the record.
B.
The fees set forth in the aforementioned schedules are exclusive
of any other charges which may be required by the Borough to cover
the costs of the inspection of buildings or improvements in conjunction
with the issuance of construction permits or certificates of occupancy.
C.
In the event that any fees paid by an applicant into the professional
review escrow account shall exceed $5,000, such applicant's account
shall be placed into an interest-bearing trust account in conformance
with the requirements of N.J.S.A. 40:55D-53.1. The applicant shall
be notified, in writing, of the institution in which the deposit has
been made and the amount of such deposit. Any interest earned on the
account shall be applied in accordance with the provisions of N.J.S.A.
40:55D-53.1. The Borough shall keep records of all application fees
paid in accordance with generally accepted accounting principles.
The fees for all professional review of an application shall be charged
to the applicant at the same rate and in the same manner as that charged
by the professional to the Borough.
