[Amended 12-9-2008 by Ord. No. O-127-08; 3-21-2023 by Ord. No. O-04-23]
A. Application fees. The fees described in the table in Subsection
O are hereby fixed and established for subdivision, site plan and variance applications filed with the Planning Board and other items requiring Board review. The fee is charged to cover the costs associated with the administrative and clerical processing of the application and is not refundable.
B. Escrow deposits. In addition to the initial fees or charges as elsewhere set forth, applicants before the Planning Board shall deposit with the Borough the escrow deposits specified in Subsection
O. The escrow deposit shall be applied to all costs associated with the required review of the application by the Engineer, Planner, Attorney or other professionals employed by the Board or Borough as permitted by law. The Chief Financial Officer of the municipality shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of application 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 application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and 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 cost that shall be added to any such charges shall be actual out-of-pocket expenses of 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 by statute, nor shall a municipal professional add any such charge to his bill.
C. Scope of reimbursed services. The municipality shall be entitled
to be reimbursed for the review of publications, both as to completeness
and as to content, 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 applicant's professionals.
D. 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%
for 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.
E. Payments.
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 one-quarter-hour increments, the
hourly rate and the expenses 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 provided. If the salary,
staff support and overhead for a Borough professional are provided
by the Borough, the charge shall not exceed 200% of the sum of the
products resulting from multiplying the hourly base salary, which
shall be established annually by ordinance, of each of the professionals
by the number of hours spent by the respective professional upon review
of the application for development or inspection of the developer's
improvements, as the case may be.
2. If the Borough requires of the developer a deposit toward anticipated
Borough expenses for these professional services, the deposit shall
be placed in an escrow account pursuant to N.J.S.A. 40:55D-53.1. The
amount of deposit required shall be reasonable in regard to the scale
and complexity of the development.
3. If any applicant before the Borough of Monmouth Beach Combined Land
Use Board becomes 90 days deficient in paying any required escrow
or supplemental escrow for the payment of the Board's professional
fees, the Board Secretary shall provide a certification to the Borough
Clerk setting forth:
a. The date of the notice to the applicant;
b. The amount requested/required;
c. The amount that remains unpaid; and
d. That 90 days has elapsed since the date of request for such payment.
4. Upon receipt of the certification of the Board Secretary as set forth
in Subsection 30-3.4E3, the Borough Clerk shall advise the governing
body by providing it with a copy of the Board Secretary's certification.
5. If the governing body chooses to impose a lien on the subject property
to the extent of the unpaid escrow, it shall advise the property owner,
in writing, at least 10 days before the next governing body meeting
at which such action will be taken.
6. If the escrow remains unpaid by the expiration of 10 days as set
forth in the proceeding section, the governing body may adopt a resolution
to assess the property owner the amount of the unpaid escrow, such
amount to be added to the property owner's tax bill and be a
lien against the taxpayer's subject property.
7. This procedure is not intended to relieve the applicant or property
owner from paying the required escrow bills. Rather, this section
is designed to provide an additional mechanism to collect unpaid escrow
bills.
8. If any application to the Combined Land Use Board is made by other
than the owner of the property, in addition to the owner of the property
providing its consent for the applicant to proceed, the owner shall
also provide a written statement to the Board, indicating its awareness
that, if any escrow bills are not paid, the Borough may impose a lien
for the same and add the unpaid escrow bill(s) to the real estate
taxes of that property.
F. Payments required prior to issuance of permits. No permits or certificates
of occupancy 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.
G. Close out procedures. The following close out procedures shall apply
to all deposits and escrow accounts established under the provisions
of N.J.S.A. 40:55D-l et seq. and shall commence after the approving
authority 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 accordance with N.J.S.A.
40:55D-53, in the case of improvement inspection escrows and deposits.
The applicant shall send written notice by certified mail to the Chief
Financial Officer of the municipality and the approving authority
and to the relevant municipal professional that the application or
the improvements 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 uses
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.
H. 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 approving authority 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.
I. 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.
J. Substitution of professionals. If the municipality retains a different
professional or consultant in the place of a professional originally
responsible for development application review or inspection of improvements,
the municipality or approving authority 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 approving
authority shall not bill the applicant or charge to the deposit or
the escrow account for any such services.
K. 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.
L. Appeals.
1. An applicant shall notify, in writing, the governing body with copies
to the Chief Financial Officer, the approving authority and the professional
whenever the applicant disputes the charges made by a professional
for service rendered to the municipality in reviewing applications
for development, review and preparation of documents, inspection of
improvements, or other charges made pursuant to the provisions of
N.J.S.A. 40:55D-1 et seq. The governing body, or its designee, shall,
within a reasonable time period, 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 under N.J.S.A. 52:27D- 127 any charge to an
escrow account or a 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 a copy of the appeal to the municipality, approving authority,
and any professional whose charge is 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, 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. 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. Appeals shall be taken in accordance with the rules and procedures
established by the Monmouth County Construction Board of Appeals.
3. During the pendency of any appeal, the municipality or approving
authority 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 guarantees, 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 of
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.
M. Other fees.
1. Transcripts. Copies, documents or transcript of record of proceedings
furnished to an interested party pursuant to N.J.S.A. 40:55D-10f shall
be charged at the maximum rate permitted by N.J.S.A. 2A:l l-15. An
order for a transcript must be accompanied by a deposit of $500 or
some other amount which the Administrative Officer considers to be
reasonable.
2. List of property owners: list of property owners from current tax
duplicate: $10.
3. Copy of decision: copy of decision of governing body to an interested
party in connection with an appeal: $10.
4. Publication of decision on appeal: publication in newspaper of decision
of governing body on an appeal pursuant to N.J.S.A. 40:55D-17g: cost
of publication.
N. Payment required. The application shall not be considered complete until the fees and escrow deposit are paid in full. When an application involves more than one of the categories set forth in Subsection
O, the applicant shall deposit cumulative amounts.
O. Schedule of fees and escrow deposits established. The schedule of fees and escrow deposits referred to in Subsections
A and
B is as follows
Schedule of fees and escrow deposits
|
---|
Subdivisions
|
Fees
|
Escrows
|
Conceptual subdivision with review by Board's attorney or consultant
|
$100
|
$,1000
|
Minor subdivision or re-sub with no newly created variances
|
$250 + $100/new lot
|
$1,500
|
Preliminary application, major subdivision
|
$500 + $100/new lot
|
$2,500
$500/new lot
|
Final application, major subdivision
|
50% of preliminary
|
50% of preliminary
|
Final plat, major subdivision
|
$100/lot
|
$250/lot
|
Lot line adjustment
|
Same as minor subdivision
|
Same as minor subdivision
|
Site Plans
|
Fees
|
Escrows
|
Conceptual site plan with expert/legal review
|
$100
|
$1,000
|
Preliminary site plan
|
$250 + $100 for each 1,000 square feet of affected area
|
$2,500 + $500 for each 1,000 square feet of affected area
|
Final site plan
|
50% of preliminary
|
50% of preliminary
|
Variances
|
Fees
|
Escrows
|
Use variances
(N.J.S.A. 40:55D-70d)
|
$100
|
$1,000
|
All other variances
(N.J.S.A. 40:55D-70c)
|
$100 plus $150 per variance
|
$500 plus $150 per variance
|
Miscellaneous
|
Fees
|
Escrows
|
Conditional use
|
$250
|
$1,500
|
Amended approvals, subdivision or site plan
|
50% of initial fee
|
50% of initial escrow
|
Appeals filed pursuant to N.J.S.A. 40-55D-70a
|
$100
|
$500
|
Interpretations filed pursuant to N.J.S.A. 40-55D-70b
|
$100
|
$500
|
Applications filed pursuant to N.J.S.A. 40-55D-34
|
$100
|
$500
|
Appeals filed to pursuant to N.J.S.A. 40-55D-36
|
$100
|
$500
|
Special meeting of the Board
|
$250
|
Included in subject matter escrow
|
Approval extension
|
$250
|
$500
|
As-built survey review fee
|
$150
|
None
|
Tax Map revision fee
|
$100
|
$100 per lot
|
The duty of administering and enforcing the
provisions of this chapter is hereby conferred upon the Administrative
Officer, who shall have such powers as are conferred upon him by this
chapter, and as reasonably may be implied. He shall be appointed as
provided in the Administrative Code. In no case shall a Development
Permit be granted for a subdivision or the construction of or alteration
of any building or site where the proposed construction, alteration
or use thereof would be in violation of any provisions of this chapter.
It shall be the duty of the Administrative Officer to cause any building,
plans or premises to be inspected or examined and to order in writing
the remedying of any conditions found to exist in violation of this
chapter, and he shall have the right to enter any building or premises
during the daytime, or other normal business hours of the premises,
in the course of his duties.
In the application and interpretation of this
chapter, all provisions hereof shall be held to be minimum standards
or requirements adopted for the promotion of the public health, safety,
convenience and general welfare of the Borough. Whenever the requirements
of this chapter are at variance with the requirements of any other
lawfully adopted rules, regulations or ordinances, the most restrictive
or that imposing the higher standards, shall govern.
The following Ordinances of the Borough of Monmouth
Beach are hereby repealed in their entirety and any portions of other
ordinances which contain provisions inconsistent with this chapter
are hereby repealed to the extent of such inconsistency, except that
any Building Permit, variance, Special Use Permit, Occupancy Permit
or other permit validly issued pursuant to any such ordinance shall
remain valid and effective and shall continue to be governed by the
terms and conditions of such ordinance:
A. "Revised Zoning Ordinance of the Borough of Monmouth
Beach" adopted April 28, 1970, as supplemented and amended by ordinances
adopted May 25, 1971, September 14, 1971, September 28, 1971, October
31, 1972, April 24, 1973, June 26, 1973, August 14, 1973, September
11, 1973, May 28, 1974, November 12, 1974, August 12, 1975, April
27, 1976, December 28, 1976, September 13, 1977 and July 11, 1978.
B. "The Land Subdivision Ordinance of the Borough of
Monmouth Beach" adopted July 27, 1954, as supplemented and amended
by ordinances adopted June 25, 1968, April 13, 1971, and April 24,
1973.
C. "An Ordinance of the Borough of Monmouth Beach Establishing
a Planning Board and a Zoning Board of Adjustment Pursuant to the
Provisions of N.J.S.A. 40:55D-1 et seq. Providing for the Powers of
Said Boards; Fixing the Procedures Governing Applications to Said
Boards and Appeals Therefrom, and Providing for the Continuance of
Existing Ordinances" adopted December 28, 1976.
D. An Ordinance to Readopt the Substantive Provisions
of the Zoning and Land Subdivision Ordinances of the Borough of Monmouth
Beach" adopted December 28, 1976, and extended by an ordinance adopted
December 27, 1977.
All amendments to this chapter and to the Zoning
Map, which forms a part hereof, shall be adopted in accordance with
the provisions of N.J.S.A. 40:55D-1 et seq., as amended and supplemented.
A protest against any proposed amendment or revision of a zoning ordinance
may be filed with the Borough Clerk, signed by the owners of 20% or
more of the area either (1) of the lots or land included in such proposed
change, or (2) of the lots or land extending 200 feet in all directions
therefrom inclusive of street space, whether within or without the
Borough. Such amendment or revision shall not become effective following
the filing of such protest except by the favorable vote of 2/3 of
all the members of the Board of Commissioners. [8/9/1994]
If any section, paragraph, subdivision, clause
or provision of this chapter shall be adjudged invalid, such adjudication
shall apply only to the section, paragraph, subdivision, clause or
provision so adjudged, and the remainder of this chapter shall be
deemed valid and effective.