[HISTORY: Adopted by the Council of the Borough of Milford 10-6-2014 by Ord. No.
820-2014. Amendments noted where applicable.]
A.
Every application for development made to the Milford Borough Joint
Land Use Board (the "Board") or to the Milford Borough Common Council
(the "Council" or the "governing body"), as the case may be, shall
be accompanied by the fees set forth herein, which fees shall be payable
to the Borough of Milford. Said fees, upon receipt, shall be disposed
of as herein set forth.
B.
The application is a flat fee to cover administrative expenses and
is nonrefundable. The escrow account is established to cover the costs
of professional services, including engineering, planning, legal and
other expenses connected with the review of the submitted materials.
Sums not utilized in the review process shall be returned to the applicant.
C.
No review shall be taken on any plan until such time as the initial
fees and escrows are paid in full, and the Milford Borough Joint Land
Use Board Engineer shall not commence reviewing the application until
he is advised that the fees and escrows have been paid. The escrow
associated with each application shall be replenished whenever the
original escrow is reduced by charges against the account to 35% or
less of the original amount. The administrative officer of the Board
shall notify the applicant of the requirements to replenish the escrow,
and the applicant shall be requested to replenish 100% of the original
escrow account. No further consideration, review, processing or inspection
shall be performed by or on behalf of the Board until the additional
escrow has been paid.
D.
Where one application for development includes several approval requests,
the sum of the individual required fees shall be paid.
E.
Each applicant for subdivision or site plan approval shall execute
an escrow agreement as provided by the Milford Borough Joint Land
Use Board wherein the applicant shall agree to pay all reasonable
costs for professional review of the application and for inspection
of the improvements. All such costs for review must be paid before
any approved plat, plan or deed is signed, and all inspection fees
must be paid before 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.
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 shall arrange
for the reporter's attendance.
A.
Lot line adjustment: application fee of $100 and escrow account of
$500, plus $100 for the third lot and each lot thereafter.
D.
Minor subdivision plat: application fee of $200, escrow of $500,
plus $500 per lot, plus minimum of $2,000.
E.
Preliminary major subdivision plat: application fee of $500, plus
$100 additional per lot, and escrow of $5,000, plus an additional
$200 per lot.
F.
Final major subdivision plat: application fee of $200, plus $100
per lot, and escrow of $1,000, plus $100 per lot.
G.
Waiver of design standards: escrow of $350 for professional.
E.
Amendment of preliminary or final plat or plan. An applicant seeking
to amend an approved preliminary or final plat or plan shall pay a
fee 1/2 the preliminary or final plat or plan fee, as appropriate.
If the approving authority determines that the proposed amendment
will result in a substantial change of the previously approved plat
or plan, the application shall be treated as a new application for
preliminary or final approval and be processed accordingly, and the
applicant shall pay a full fee in accordance with the provisions provided
for herein.
F.
Waiver of design standards: application fee of $150 per request,
and escrow of $350 for professional review.
A.
Appeals pursuant to N.J.S.A. 40:55D-70a: application fee of $250
and escrow deposit of $1,000.
B.
Interpretations pursuant to N.J.S.A. 40:55D-70b: application fee
of $250 and escrow deposit of $1,000.
D.
Appeals pursuant to N.J.S.A. 40:55D-35 or 40:55D-36: application
fee of $300 and escrow deposit of $1,000.
E.
Use variance pursuant to N.J.S.A. 40:55D-70d: application fee of
$300 and professional escrow of $5,000.
A.
Appeals to the Common Council: application fee of $400.
B.
Certified list of property owners: fee of $10.
C.
Copies of minutes, resolution or other documents: as per N.J.S.A.
47:1A-5b.
D.
Site plan exemption application: $100 per application, escrow of
$500.
E.
Special meeting fee. An applicant may request a special meeting.
The Board may schedule such special meeting at a date and time convenient
to the applicant, the Board and the public, in accordance with the
Open Public Meetings Act.[1] There shall be paid to the Borough, prior to the meeting,
a nonrefundable special meeting fee of $750 for each special meeting
requested.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
Nine copies of the transcript(s) of the hearing(s) before the
Milford Borough Joint Land Use Board from whom the appeal is taken
shall be submitted as provided in N.J.S.A. 40:55D-17c.
A.
Inspection fees shall be paid prior to beginning construction.
B.
Approval requirements.
(1)
No final plat shall be approved until all required improvements (on-site,
on-tract and off-tract) have been installed and approved by the Borough
Engineer and accepted by the governing body and a maintenance guarantee
has been filed and accepted by the governing body or their installation
shall have been provided for by a performance guarantee accepted and
approved by the governing body. No maintenance bond or partially completed
facility shall be accepted for any item which has further stages of
work or which will need to be altered or reworked due to the installation
of any other facility. Any improvements installed prior to the final
plat application that do not meet required standards shall be added
to the performance guarantee.
(2)
As part of its final plat review, the approving authority shall determine
which of the following improvements shall require a performance guarantee:
on-site and/or on-tract improvements, including streets, grading,
pavement, gutters, curbs, sidewalks, streetlighting, shade trees,
surveyor's monuments, as shown on the final plat and required by N.J.S.A.
46:26B-1 et seq., water mains, culverts, storm sewers, sanitary sewers
or other means of sewage disposal, drainage structures, erosion control
and sedimentation control devices, public improvements of open space
and, in case of site plans only, other on-site improvements and landscaping.[1]
C.
Performance guarantees for off-site and/or off-tract improvements.
(1)
A performance guarantee estimate of cost of improvements shall be
submitted to the approving authority by the Borough Engineer as part
of his report on final plat review. The approving authority may request
the Borough Engineer to update this estimate as required.
(2)
The applicant shall submit the performance guarantee required for
final plat approval to the Borough Engineer and Attorney for review
and then to the governing body for approval and acceptance by resolution.
Final plat submission shall not be made until the performance guarantee
has been accepted and approved by the governing body.
(3)
The performance guarantee shall consist of cash, certified check
or letter of credit, which shall be deposited with the Borough Treasurer.
The Treasurer shall issue a receipt of such deposits and shall retain
them, to be returned to the developer upon completion of all required
work or, in the event of default, to be used by the Borough to complete
the requirements. If the improvements have not been completed in accordance
with the standards or within the stipulated time but no longer than
two years, the obligor and surety for any bond shall be liable thereon
for the reasonable cost of completing the improvements. Upon authorization
by the governing body, the Borough Attorney shall take the necessary
steps to obtain such costs from the obligor and surety. The Borough
may, either prior to or after receipt of the proceeds thereof, complete
such improvements.
(4)
The total performance guarantee shall equal 120% of the performance
guarantee cost estimate, plus an amount equal to 15% of the cost of
any facilities installed prior to final plat submission as a maintenance
guarantee. Ninety percent of this total shall be paid by certified
check, bank money order or letter of credit. The remaining 10% shall
be in cash and shall be paid in a like manner and under the same conditions
as the security aforesaid. In the event of default, the ten-percent
cash fund shall be first applied to complete the requirements, and
the cash, certified check or letter of credit shall thereafter be
resorted to, if necessary. The cash or letter of credit may recite
the foregoing provision. The Borough Engineer's certification
that the principal has satisfactorily installed or has defaulted in
meeting the required standards of construction shall be the basis
for governing body action which accepts or rejects the improvements
or withholds the improvements.
(5)
The Borough Clerk shall immediately notify the approving authority
and the Borough Engineer when the performance guarantee has been approved
and accepted by the governing body.
D.
Inspections and tests.
(1)
Prior to beginning site preparation and/or construction, the developer
shall arrange for a preconstruction conference between the developer,
contractor and Borough Engineer. The Borough Engineer shall be notified
by the developer at least five days in advance of the start of construction.
The cost of inspection shall be the responsibility of the developer,
who shall reimburse the Borough for all reasonable inspection fees
by submitting a certified check or money order to the Borough Clerk.
This fee shall be in addition to the amount of the performance guarantee
and all application fees as outlined above and shall be deposited
initially in accordance with the following schedule. Upon completion
of the development and all inspections, the developer shall receive
an accounting of the expended funds. Any unexpended funds shall be
returned to the developer. Should the initial deposit be insufficient
to cover inspections and costs, the developer shall deposit additional
sums upon notice of the Borough Clerk, each additional deposit being
in an amount not to exceed 50% of the initial deposit.
|
Estimated Construction Cost
|
Inspection Fee
| |
|---|---|---|
|
Under $5,000
|
$350
| |
|
$5,000 to $10,000
|
$350, plus 5% of excess over $5,000
| |
|
$10,000 to $50,000
|
$600, plus 4 1/2% of excess over $10,000
| |
|
$50,000 to $75,000
|
$2,400, plus 4% of excess over $50,000
| |
|
$75,000 to $100,000
|
$3,400, plus 3 1/2% of excess over $75,000
| |
|
Over $100,000
|
$4,275, plus 3% of excess over $100,000
|
(2)
In no case shall any paving work be done without permission from
the Borough Engineer. At least two working days' notice shall
be given to the Borough Engineer prior to any construction so that
he or a qualified representative may be present at the time the work
is to be done. No construction or clearing should occur until designated
wetlands, transition areas and stream corridors have been fenced.
(3)
Streets shall not be paved with a wearing course until all heavy
construction is completed. Shade trees shall not be planted until
all grading and earthmoving is completed. The seeding of grass and
the placing of surveyor's monuments shall be among the last operations.
(4)
The Borough Engineer's office shall be notified prior to each
of the following phases of work so that he or a qualified representative
may inspect the work:
(a)
Road subgrade.
(b)
Curb and gutter forms.
(c)
Curbs and gutters.
(d)
Road paving (after each coat in the case of priming and sealing).
(e)
Sidewalk forms.
(f)
Sidewalks.
(g)
Drainage pipes and other drainage construction.
(h)
Street name signs.
(i)
Monuments.
(j)
Sanitary sewers.
(k)
Detention and/or retention basins.
(l)
Topsoil, seeding and planting.
(m)
Underground utilities.
(n)
Shade trees and planting strips.
(5)
Certificates of occupancy will be issued only when curbs, utilities,
functioning water supply and sewage treatment facilities, necessary
storm drainage to ensure proper drainage of the lot and surrounding
land, rough grading of lots, soil stabilization, base course for the
street and driveway, and sidewalks are installed to serve the lot
and structure for which the permit is requested.[2]
(6)
Any improvement installed contrary to the plan or plat approval by
the Borough shall constitute just cause to void the municipal approval.
(7)
Any improvement installed without notice for inspection pursuant
to this section hereinabove shall constitute just cause for:
(a)
Removal of the uninspected improvement;
(b)
The payment by the developer of any costs for material testing;
(c)
The restoration by the developer of any improvements disturbed
during any material testing; and/or
(d)
The issuance of a stop-work order by the Borough Engineer pending
the resolution of any dispute.
(8)
Inspection by the Borough of the installation of improvements and
utilities shall not operate to subject the Borough of Milford to liability
for claims, suits or liability of any kind that may at any time arise
because of defects or negligence during construction or at any time
thereafter, it being recognized that the responsibility to maintain
safe conditions at all times during construction and to provide proper
utilities and improvements is upon the owner and his contractors,
if any.
E.
Release.
(1)
After completing the improvements, the developer shall prepare two
sets of the plans and the profiles amended to read "as constructed"
and apply to the governing body for final inspection of the work.
The Borough Engineer shall, within 30 days of completing the inspection,
report in writing to the governing body, indicating either approval,
partial approval or rejection, with a statement of reasons for any
rejection. If partial approval is indicated, the cost of the improvements
rejected shall be set forth.
(2)
The governing body shall either approve, partially approve or reject
the improvements and shall notify the obligor by certified mail of
the contents of the Borough Engineer's report and the action
of the approving authority with relation thereto not later than 65
days after receipt of the notice from the obligor of the completion
of the improvements, except that no approval or partial approval shall
be granted until an acceptable maintenance guarantee has been submitted
and approved by the governing body to cover the improvements. Where
partial approval is granted, the obligor shall be released from liability
pursuant to its performance guarantee, except for a portion sufficient
to ensure completion of the improvements not yet approved, provided
that 30% of the amount of the performance guarantee posted may be
retained to ensure completion of all improvements. Failure of the
governing body to send or provide such notification to the obligor
within 65 days shall be deemed to constitute approval of the improvements,
and the obligor and surety, if any, shall be released from liability
pursuant to such performance guarantee for such improvements. The
time allowed for installation of the improvements for which the performance
guarantee has been provided may be extended by resolution of the governing
body. As a condition or as part of any such extension, the amount
of any performance guarantee shall be increased or reduced, as the
case may be, to an amount not to exceed 120% of the cost of the installation
as determined as of the date of passage of the resolution.
(3)
If any portion of the required improvements are rejected, the approving
authority may require the obligor to complete such improvements, and,
upon completion, the same procedure of notification as set forth above
shall be followed.
(4)
Upon request of the developer in writing by certified mail, with
copies to the Joint Land Use Board and Borough Engineer, the governing
body may reduce the amount of the performance guarantee after considering
the report of the Joint Land Use Board and the Borough Engineer. The
performance guarantee retained shall be sufficient to cover the cost
of uninstalled, uncompleted and defective improvements, engineering
costs and an amount equal to 15% until accepted by the governing body
and until covered by a maintenance guarantee. Agreement to reduce
the performance guarantee in accordance with this provision shall
not constitute approval or acceptance of any of the improvements by
the governing body. The reduction shall first be in the surety portion
of the performance bond and only in the cash portion after all the
surety portion has been released.
The approval of any plat under this chapter by the approving
authority shall in no way be construed as acceptance of any street,
drainage system or other improvements required by this chapter, nor
shall such plat approval obligate the Borough in any way to maintain
or exercise jurisdiction over such street, drainage system or other
improvements. Acceptance of any street, drainage system or other improvement
shall be implemented only by favorable action by the governing body.
