Borough of Mount Ephraim, NJ Fees

In addition to the application fee(s) set forth above, each application filed with the Joint Land Use Board shall be subject to an escrow fee deposit in the following amount (all checks payable to "Borough of Mount Ephraim"):

(1)

Minor subdivision: $500 per lot.

(2)

Major subdivision, preliminary: $1,500 for first lot; $300 each additional lot.

(3)

Major subdivision, final: $1,000 for first lot; $300 each additional lot.

(4)

Amended minor subdivision: $300.

(5)

Amended major subdivision, preliminary or final: $500.

(6)

Minor site plan, waiver: $500.

(7)

Minor site plan, residential: $800.

(8)

Minor site plan, commercial: $1,500.

(9)

Major site plan, preliminary: $3,000.

(10)

Major site plan, final: $3,000.

(11)

Amended minor site plan, residential: $400.

(12)

Amended minor site plan, commercial: $750.

(13)

Amended major site plan, preliminary or final: $1,500.

(14)

Bulk or "C" variance (N.J.S.A. 40:55D-70c): $500.

(15)

Use or "D" variance (other than conditional use variance) (N.J.S.A. 40:55D-70d): $750.

(16)

Conditional use variance: $500.

(17)

Appeal of Zoning Officer determination (N.J.S.A. 40:55D-70a): $500.

(18)

Interpretation or special questions (N.J.S.A. 40:55D-70b): $500.

(19)

Certification of nonconforming use or structure: $500.

[1]The amount placed in escrow shall be placed in an escrow fund by the Borough Treasurer, said fund to be used to pay the fees of any professional personnel employed by the Borough to process, review, inspect and make recommendations on the proposed site and building plans, including but not limited to legal, engineering and planning services.

[1]

Editor's Note: Subsections B and C were relocated to this chapter from original Ch. 80 of the 1973 Borough Code, as amended.

If, at any time, the escrow fund shall become insufficient to cover actual or anticipated professional fees, such additional fees shall be paid by the applicant to the Borough Treasurer within seven days of receipt of written notification thereof by the Secretary of the Joint Land Use Board. Any excess of the funds in the escrow account will be returned to the applicant upon his request in writing following the receipt of final bills for such professional fees.

Payments to professionals from escrow account. The Chief Financial Officer of the Borough shall make all of the payments to professionals for services rendered to the Borough or Joint Land Use 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. No applicant shall be charged for any municipal, clerical or administrative functions, overhead expenses, meeting room charges or any of the Borough costs and expenses except as provided by statute, nor shall a Borough professional add any such charge to his bill.

Vouchers. Each payment charged to the escrow account 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 Borough 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 Borough simultaneously to the applicant and the Joint Land Use Board. The Chief Financial Officer shall prepare and send to the applicant a statement which shall include an accounting of all escrow 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.

Interest. Escrow deposits received from any applicant in excess of $5,000 shall be held by the Chief Financial Officer in an interest-bearing account. The Borough shall not be required to refund an amount of interest paid on an escrow 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 annually or at the time the escrow deposit is repaid or applied for the purposes for which it was deposited, as the case may be, except that the Borough or Joint Land Use Board 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.

Deficiency in escrow account. If an escrow account contains insufficient funds to enable the Borough or Joint Land Use Board to perform required application reviews or improvement inspections, the Chief Financial Officer shall provide the applicant with a notice of the insufficient escrow balance. In order for work to continue on the development or the application, the applicant shall within 10 days after receipt of written notice of the amounts owed post an additional escrow deposit to the escrow account in an amount to be agreed upon by the Borough or Joint Land Use Board and the applicant. Notwithstanding the foregoing, any applicant who does not deposit such additional deposit to the escrow account within 30 days after receipt of written notice of the amounts owed shall be charged a late fee equal to 1 1/2% of the amount of the deficiency in the account. If the amounts owed, including the late fee, are not paid within 60 days, interest at the rate of 8.0% shall be charged, on the full amount due (including the late fees), from the date of the notice until paid in full. In the event that the applicant fails to deposit the additional escrow deposit as required within the time frame set forth in this section, the Borough or the Joint Land Use Board, through its agents and employees, shall take whatever steps are deemed necessary in order to compel the payment of the escrow deficiency. In addition, the professional personnel may take any action individually as they deem necessary to satisfy the vouchers submitted. 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 the applicant has fully paid all bills for professional services. Stop-work orders may be issued on any approval application until the applicant has fully paid all bills for professional services.

Close-out procedures for escrow accounts. The following close-out procedures shall apply to all escrow accounts established under the provisions of N.J.S.A. 40:55D-1 et seq. and shall commence after the Joint Land Use Board has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows, or after the improvements have been approved in accordance with N.J.S.A. 40:55D-53, in the case of improvement inspection escrows. The applicant shall send written notice by certified mail to the Chief Financial Officer of the Borough and the Joint Land Use Board and to the relevant Borough 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 Borough within 30 days and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the Borough shall render a written final accounting to the applicant within 45 days of receipt of the final bill. Any balances remaining in the escrow account, including interest in accordance with N.J.S.A. 40:55D-53.1, shall be refunded to the applicant along with the final accounting.

Appeals. An applicant shall have the right to dispute professional charges pursuant to the provisions of N.J.S.A. 40:55D-53.2a.