Applications for development or appeals within the jurisdiction of the Board shall be made by the filing of such application forms, fees, and required plans and documents and information as per the relevant checklists, with the administrative officer, at least 25 days before the monthly meeting of the Board.
Application forms and checklists for development or appeals shall be provided to any person upon request, and checklist requirements shall be as found in Schedule I of this chapter.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
Within 45 days of its filing, an application for development or an appeal must be determined to be complete or incomplete. If no determination is made within such time, the application for development or appeal shall be deemed complete. The administrative officer shall determine whether such application or appeal contains all necessary forms, fees and required plans, documents and information as per relevant checklists and notify the applicant of any administrative deficiency. Simultaneously with its filing, the administrative officer shall transmit the application to the Police Department, Fire Prevention Bureau, Fire Department, and Department of Public Works for a determination of technical sufficiency relating to each department's area of expertise and operations. Each department shall provide a written report to the Board and applicant as to whether such application holds any concerns for said department which specifically relate to the operation of that department. The administrative officer shall also submit a complete set of application forms, required plans, documents and information as per the relevant checklists to the Board Engineer for a determination of technical sufficiency. The Board Engineer shall make a recommendation to the Board as to whether such application is technically sufficient for completeness and whether any waivers requested are appropriate. Except as otherwise provided below, all nonresidential or multifamily applications shall require a Board completeness hearing and determination. For amended/minor site plan applications, minor subdivision applications, and single-family or two-family residential variance applications, upon the finding of the administrative officer and Board Engineer that the application is substantively and sufficiently complete and the waivers that are sought are recommended by the Board Engineer, the application shall be deemed complete. If, however, any application or appeal is deficient as to any forms, fees, or required plans, documents and information as per the relevant checklist, or waivers sought are substantial, the administrative officer shall submit the matter to the Board for a hearing to determine whether waivers should be granted and whether such application is complete or incomplete. Once an application is deemed complete, it shall be placed on the Board's agenda for hearing. The determination that an application for development or an appeal is complete shall not prohibit the Board from requiring corrections or additional information, even if not specified by the application or checklist requirements, if such information is reasonably necessary for a determination of the application or appeal.
Every application for development or appeal must be accompanied by the required fees as referenced in Schedule II of this chapter, payable to the Township of Little Falls.[1]
[1]
Editor's Note: Schedule II is included as an attachment to this chapter.
Every application for development or appeal must be accompanied by the required escrow deposit as referenced in Schedule II of this chapter.[1]
[1]
Editor's Note: Schedule II is included as an attachment to this chapter.
A. 
Escrow funds shall be used to pay professionals for services rendered to the Township 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 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 review by outside consultants when an application is of a nature beyond the scope of expertise of the professionals normally utilized by the Board or 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 the bill.
B. 
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. The applicant will be required to complete a refund of escrow document before any refund of escrow will be made. Refunds of escrow shall be approved by the Township Council at a regularly scheduled Council meeting, after review by the Chief Financial Officer and the Board Attorney.
C. 
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. 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 approving authority 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 ten-day period, post a deposit to the account in an amount to be agreed upon by the municipality or approving authority and the applicant. In no case shall construction continue or the matter be listed on an agenda or otherwise reviewed when the account has been depleted and costs are to be incurred. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
(3) 
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.
D. 
Close-out procedures.
(1) 
The following close-out 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 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.
(2) 
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, 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 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, in accordance with the procedures established in this chapter.
E. 
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.
F. 
Limitation of inspection fees. Inspection fees and construction phase administration 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.
G. 
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 the deposit or the escrow account for any such services.
H. 
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 governing body and, if not resolved, to the County Construction Board of Appeals, established pursuant to N.J.S.A. 52:27D-127.
I. 
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 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 a copy of the appeal to the municipality, approving authority, 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-53.2c, 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-53.2c. 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 County Construction Board of Appeals. 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 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.
An applicant shall pay inspection fees equal to the actual expenses incurred with respect to:
A. 
The inspection of on-site, on-tract, off-site and off-tract improvements constructed or installed by the applicant in accordance with the terms and conditions of subdivision and/or site plan approval or the grant of a variance.
B. 
The testing of materials or construction work performed by the applicant in the event that such testing is deemed necessary by the Township.
C. 
Analyses or tests to determine compliance by the applicant with any monitoring standards established by the terms and conditions of subdivision or site plan approval.
D. 
The inspection of improvements constructed or installed by the applicant for purposes of determining compliance with any maintenance obligations of the applicant.
(1) 
The improvements constructed or installed to meet the requirements of subdivision or site plan approval, which are the subject of inspection, include the following: pavement subgrade, base course pavement, surface course pavement, sidewalks, storm drainage facilities, sanitary sewerage facilities, street signs, topsoil and erosion protection, grading, landscaping and monuments. An applicant shall give notice at least 24 hours in advance of the undertaking of any work which is the subject of inspection. Overtime inspection will not be provided unless special arrangements are made therefor prior to the overtime period. Inspection fees shall be calculated in accordance with the actual time required for inspection at rates established annually by the Planning Board.
(2) 
At the time of the granting of final subdivision or site plan approval, or prior to the commencement of any work on subdivision or site plan improvements, if such work is undertaken before final approval, the applicant shall pay to the Township an initial deposit for inspection fees. Such initial deposit shall be in accordance with N.J.S.A. 40:55D-53h and shall be equal to the greater of $500 or 5% of the estimated costs of improvements. The estimated costs of improvements shall be determined by the Board Engineer based on documented construction costs for public improvements prevailing in the general area of the municipality. For inspection fees less than $10,000, fees may be paid in two equal installments. For inspection fees over $10,000, fees may be paid in four equal installments. Whenever the balance falls below 10% of the deposit, the developer shall deposit the next installment.
(3) 
Inspections shall not relieve the applicant from the obligation to perform work strictly in accordance with the approved plans and specifications or the obligation to perform work in a workmanlike manner using first-class materials. Until such time as the Township Council shall approve the construction and installation of any improvement by a resolution adopted pursuant to the provisions of N.J.S.A. 40:55D-53e(1), any improvements not in compliance with the aforesaid plans, specifications or standards shall be replaced, reconstructed or repaired by the applicant notwithstanding any previous oversight or error in inspection.
E. 
Construction-related administrative costs for review of shop drawings, easements and rights-of-way for dedication, bond estimates and other normal and customary administrative activities where review with or without reports and recommendations to the Township administrative or legislative branches is needed to confirm work is satisfactory.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Planning Board or to the Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.
In accordance with the provisions of the Municipal Land Use Law, where the applicant is a corporation or partnership seeking approval to subdivide land into six or more lots, or a variance to construct 25 or more family units, or for commercial development, the application shall be accompanied by a statement listing the names and addresses of stockholders or partners owning at least 10% of such corporation or partnership. If a corporation or partnership owns 10% or more of the stock or partnership of the applying corporation or partnership, then the names and addresses of the individuals of that corporation or partnership owning 10% or more of the owning corporation or partnership shall be listed in the statement as well.
Upon the request of any applicant and the payment of such fee as may be required by law, the Township Tax Assessor shall provide a certified list of owners within 200 feet of any property that is the subject of a development application or appeal, and such certified list shall be deemed conclusive for service of notice if relied upon by the applicant for such purposes.
Notice of a hearing by service and publication shall be given in accordance with and as required by the provisions of the Municipal Land Use Law and for the following applications for development and appeals:
A. 
Any request for a variance from the requirements of Chapter 280, Zoning.
B. 
Any request for conditional use approval.
C. 
Any request for preliminary approval of a major site plan.
D. 
Any request for preliminary approval of a major subdivision.
E. 
Any request for the issuance of a permit to build within the bed of a mapped street, public drainageway, flood-control basin or public area reserved on the Official Map, or in a lot not abutting a street.
F. 
An appeal of a determination or order by the administrative officer or Zoning Officer concerning a specific parcel of land.
G. 
Such other applications as require notice pursuant to the Municipal Land Use Law.
At least five days in advance of any hearing for which notice is required, the applicant shall file an affidavit of service and publication of notice, with a copy being transmitted to the Board Attorney.
Upon a determination that an application is complete, the Board shall act on such application in accordance with the time limits, subject to extensions as consented to by the applicant, within the following time:
A. 
Variances: 120 days.
B. 
Amended or minor site plans: 45 days.
C. 
Minor subdivisions: 45 days.
D. 
Preliminary major site plans: 45 days.
E. 
Preliminary major subdivisions (10 or fewer lots): 45 days.
F. 
Preliminary major subdivisions (greater than 10 lots): 95 days.
G. 
Final site plan: 45 days.
H. 
Final subdivisions: 45 days.
I. 
Conditional use: 95 days.
Upon final disposition of an application or appeal by the Board through approval, denial or a combination thereof, such determinations shall be memorialized through a written resolution that shall be adopted by the Board in accordance with the time and requirements as set forth in the Municipal Land Use Law.
Upon adoption by the Board of a written resolution memorializing the final disposition of an application or appeal, the Secretary of the Board shall publish a brief notice of the adoption of the memorializing resolution, indicating the name of the matter, property affected, a brief explanation of the nature of the application or appeal, and the determination of the Board.
A. 
Applications that have not been deemed complete within six months of the submission date will be denied without prejudice.
B. 
Applications that have been deemed complete shall be scheduled for a hearing before the Board within the time of action stated in the Municipal Land Use Law. If an applicant fails to appear when scheduled before the Board and the time for action pursuant to the Municipal Land Use Law will expire before the next regularly scheduled Board meeting, the application will be denied without prejudice.
C. 
Extensions on the time for action may be granted for no more than six months from the required time for action, after which the application will be denied without prejudice, unless the developer establishes extenuating circumstances beyond the developer's control.