[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Fees for copies of certificates of occupancy shall be determined
by the schedule set forth in the Township of Edgewater Park ordinances
and shall be remitted to the Chief Financial Officer by the issuing
officer in accordance with the manner of reporting and payment as
is generally provided.
Fees for applications or for the rendering of any services by
the Board or any member of their administrative staffs shall be as
follows:
A. Application fees. At the time of filing: (1) any application for
development; (2) any application for amendment to or extension of
any development approval; (3) any request for a zone change or recommendation
of a zone change; (4) any request for amendment of the Master Plan;
and/or (5) any request for concept review of a development proposal,
each applicant shall pay to the Township of Edgewater Park a nonrefundable
application fee, or fees, in accordance with the following schedule.
The applicant shall pay the fee required for each application which
is submitted.
B. Technical review fees.
(1)
Components of fee. Each applicant shall pay to the Township of Edgewater Park a technical review fee in connection with: (a) each application for development; (b) each application for amendment to or extension of any development approval; (c) any request for a zone change or recommendation of a zone change; (d) any request for amendment of the Master Plan; and/or (e) any request for concept review of a development proposal. All such requests are included in this Subsection
B within the term "application." The technical review fee shall be equal to the sum of the following two components:
(a)
The dollar amount of all charges by outside professionals (as
defined herein) for professional services rendered to the Township
and/or the reviewing board in connection with the application, plus
all actual out-of-pocket disbursements incurred in regard to such
services. All charges for services by each outside professional shall
be billed at the same rate as all other work of the same nature performed
by such professional for the Township when fees are not reimbursed
or otherwise imposed on an applicant. Charges for professional services
of outside professionals shall be based upon a schedule of fees established
by resolution of the reviewing board, in the case of professionals
retained by the Board, and by resolution of the Township Committee,
in the case of professionals retained by the Township. Such schedules
shall be subject to revision from time to time in the discretion of
the Township Committee; and
(b)
The dollar amount of the hourly base salary of each in-house
professional (as defined herein) who has rendered professional services
to the Township and/or the reviewing board in connection with the
application, multiplied by both: (1) the total number of hours of
professional services spent by each in-house professional in connection
with the application; and (2) 200%. The hourly base salary of each
in-house professional shall be established by ordinance annually.
(2)
Definitions. As used in this section, the following terms shall
have the meanings indicated:
IN-HOUSE PROFESSIONAL
Engineers, planners, attorneys and other professionals whose
salary, staff support and overhead are provided by the Township of
Edgewater Park.
OUTSIDE PROFESSIONALS
Engineers, planners, attorneys and other professionals whose
salary, staff support, and overhead are not provided by the Township
of Edgewater Park. "Outside professionals" shall include, without
limitation, consultants who are not normally utilized by the Township
or the reviewing board when an application presents issues which are
beyond the scope of the expertise of the professionals who normally
serve the reviewing board or the Township.
PROFESSIONAL SERVICES
Time spent by a professional engineer, professional planner,
attorney, traffic expert or other professional in connection with:
(1) review of an application; and/or (2) review and preparation of
documents in regard to such application. In appropriate cases, such
services shall include, without limitation: (1) review of plans, reports,
relevant ordinance provisions, statutory law, case law, and prior
approvals for the same parcel; (2) site inspections; and (3) preparation
of resolutions, developer's agreements, and other documents.
(3)
Limitations on scope of charges for professional services. All
charges for professional services shall be reasonable and necessary
given the status and progress of the application. Such charges shall
be made only in connection with: (a) an application which is presently
pending before a reviewing board; (b) review of an applicant's compliance
with conditions of approval; and/or (c) review of an applicant's request
for modification or amendment of an application or approval.
(a)
A professional shall not review items which are subject to approval
by a state governmental agency and which are not under municipal jurisdiction,
except to the extent that consultation with a state agency is necessary
due to the effect of a state approval on the applicant's application.
(b)
If the Township or the reviewing board shall retain a different
professional in place of the professional originally responsible for
review of an application, the Township or the reviewing board, as
the case may be, shall be responsible for all time and expenses of
the new professional to become familiar with the application. Neither
the Township nor the reviewing board shall charge the applicant or
the applicant's technical review fee deposit for such services.
(c)
Neither the Township nor the reviewing board shall bill an applicant,
or charge the applicant's technical review fee deposit, for any municipal
clerical or administrative functions, overhead expenses, meeting room
charges, or other municipal costs and expenses, except as provided
for in this subsection, nor shall any professional add any such charges
to his or her bill.
(4)
Payment of escrow fee deposits. At the time of filing any application
with the Board, each applicant shall pay a technical review fee deposit,
or deposits, in accordance with the following schedule. The applicant
shall pay the deposit required for each approval which is requested.
(5)
Custody of deposits; procedure for payments against deposits;
submission of vouchers; monthly statements. All technical review fee
deposits shall be placed into an escrow account, which account shall
be maintained by the Chief Financial Officer of the Township of Edgewater
Park. The Chief Financial Officer shall make all payments for the
escrow account.
(a)
All payments charged to an applicant's technical review fee
deposit shall be pursuant to vouchers from the professionals performing
professional services in connection with the application. All vouchers
shall identify the professional performing the services, the dates
when services were performed, the hours spent to 1/4 hour increments,
the hourly rate, and the expenses incurred.
(b)
All outside professionals shall submit vouchers to the Chief
Financial Officer on a monthly basis. A copy of the voucher shall
be sent to the applicant simultaneously. All in-house professionals
shall submit to the Chief Financial Officer on a monthly basis a statement
containing the same information as the voucher of an outside professional.
A copy of the statement shall be sent to the applicant simultaneously.
(c)
The Chief Financial Officer shall prepare and send to the applicant
on a monthly basis a statement providing an accounting of the applicant's
technical review fee deposits. The accounting shall include all deposits
made, interest earned, disbursements made, and cumulative deposit
balance. Notwithstanding the foregoing, if monthly charges to an applicant's
deposit are $1,000 or less, such statement may be provided by the
Chief Financial Officer on a quarterly basis.
(6)
Replenishing of deposit. If a technical review deposit shall
be insufficient to enable the Township or the reviewing board to perform
required application reviews, the Chief Financial Officer shall notify
the applicant (this notice is referred to herein as an "insufficiency
notice") of both the insufficient deposit balance, and the amount
of additional funds required, in the judgment of the Chief Financial
Officer, to cure the insufficiency. In order for work to continue
on the application, the applicant shall within a reasonable time period
post additional funds to the escrow account in an amount to be agreed
upon by the Township (acting through its Chief Financial Officer)
and the applicant.
(a)
The determination of insufficiency shall be made by the Chief
Financial Officer in his or her reasonable discretion. Furthermore,
as used herein, a "reasonable time period" for the posting of additional
funds to the escrow account shall be not longer than 15 days after
the date of the Chief Financial Officer's insufficiency notice. The
applicant shall be deemed to agree to the terms of the insufficiency
notice, unless within 15 days after the date of such notice, the applicant
shall deliver to the Chief Financial Officer a written notice of objection.
(b)
If the applicant timely files such an objection, the applicant
shall have the right to pay the amount requested under protest, and
the right to challenge same in the Superior Court, Law Division, in
an action in lieu of prerogative writs filed within 45 days after
the applicant's receipt of the Chief Financial Officer's final accounting
with respect to the applicant's technical review fee deposit.
(c)
If the applicant fails to timely pay (under protest or otherwise)
the amount requested, the Township, the reviewing board, and all professionals
shall have right to cease all further work on the application immediately,
and the reviewing board shall have the right to deny without prejudice
any pending application, because of the applicant's failure to post
additional technical review fees needed for the proper review of such
application. In no event shall any approved plans be signed or delivered
to the applicant, nor shall any construction permits, certificates
of occupancy, or other approvals or authorizations be issued to an
applicant, when there exists any deficiency in the applicant's technical
review fee deposit.
(7)
Final accounting; return of unused balance of deposit. After the reviewing board has granted final approval and signed the approved subdivision plat or site plan, or otherwise taken final action on the application, the applicant shall provide written notice of same, by certified mail, return receipt requested, or by personal delivery, to the Chief Financial Officer, the reviewing board, and all professionals who have rendered services in connection with the application. Within 30 days after receipt of such notice, each professional shall submit a final bill (or a statement in lieu of bill in the case of in-house professionals) to the Chief Financial Officer with a copy to the applicant. The Chief Financial Officer shall render to the applicant a final accounting within 45 days after receipt of all final bills and/or statements. The Chief Financial Officer shall return to the applicant with the final accounting any unused balance of the deposit, including any interest earned thereon in accordance with Subsection
D.
C. Special meeting fees. A fee as established in Chapter
240, Fees, shall be charged to the applicant for any special meeting of the Planning Board held at the request of the applicant to hear and/or decide any site plan application, major subdivision application, application for amendment of the Master Plan, or any other matter. Nothing herein shall obligate any board to hold a special meeting on any application for development.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
D. Deposits with the Township; escrow accounts; interest.
(1)
Whenever an amount of money in excess of $5,000 shall be deposited
by an applicant with the Township for technical review fee deposits,
for inspections fees, or to satisfy the requirement for any performance
guaranty or the requirement for any maintenance guaranty pursuant
to this chapter, such money, until repaid, or applied for the purposes
for which it was deposited, including the applicant's portion of the
interest earned thereon, shall continue to be the property of the
applicant and shall be held in trust by the Township, except as otherwise
provided for in this section.
(2)
The Township shall deposit such money in a banking institution
or savings and loan association located in the State of New Jersey
and insured by an agency of the federal government, or in any other
fund or depository approved for such deposits by the State of New
Jersey. Such monies shall be maintained in an account bearing interest
at the minimum rate currently paid by such institution or depository
on time or savings deposits.
(3)
The Township shall notify the applicant in writing of the name
and address of the institution or depository in which such deposit
is made, and the amount of the deposit. The Township 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
for any year, that entire amount shall belong to the applicant and
shall be refunded to the applicant by the Township annually, or at
the time the deposit is repaid or applied to the purposes for which
it was deposited, as the case may be. Notwithstanding anything to
the contrary above, the Township may retain for administrative expenses
a sum equal to 33 1/3% of the annual interest earned by such
deposit. The amount so retained shall be in lieu of all other administrative
and custodial expenses charged by the Township in connection with
the deposit.
E. Schedule of fees. The application fees and escrow amounts are established in Chapter
240, Fees.
[Amended 2-7-2012 by Ord.
No. 2012-1]