A Development Review Committee shall be established to review
all applications for development or requests for review presented
to the Planning Board and the Zoning Board. The Development Review
Committee shall be chaired by the Land Use Administrator and shall
include the Borough Engineer, Borough Planner, Construction Official,
and, in addition, any member of the Planning Board, the public or
any other municipal, county or state official as appointed by the
Chairperson of the Planning Board whose particular expertise may be
required on a specific application.
A. The Development Review Committee shall have the following responsibilities:
(1) To determine compliance with the technical standards set forth in
the provisions of this chapter.
(2) To make recommendations on the design and technical elements of any
application.
(3) To make nonbinding recommendations to the Board of Adjustment in
the case of waiver applications and nonbinding recommendations to
the Planning Board in the case of exception applications.
B. The Development Review Committee shall provide its findings prior
to the meeting when the application is to be considered via a memorandum
or report that covers the following topics:
(1) Compliance with the Master Plan.
(2) Variances and waivers requested.
(3) Design concept.
(a)
Relationship to adjacent properties (i.e., air, light, space).
(c)
Environment (i.e., contamination, stream).
(d)
Circulation, parking and loading.
(g)
Landscaping, including buffers and fencing.
(4) Date of plans reviewed and any revision dates.
The Zoning Officer shall review all applications for development
to ensure they meet the requirements of this chapter except for those
sections where another official is specifically given enforcement
or administrative responsibilities. The Zoning Officer shall in no
case, except upon a written order of the Boards or the governing body,
approve the issuance by the Construction Official of any permit or
certificate for the erection or structural alteration or occupancy
of any building or land where the proposed erection, structural alteration
or use thereof would be in violation of any structural alteration
or use thereof would be in violation of any of the provisions of this
chapter. If a violation of this chapter is found to exist, the Zoning
Officer shall serve notice upon the owner and, if said violation is
not corrected within a reasonable period, shall prosecute a complaint
to terminate said violations before the Municipal Judge.
The Borough Engineer shall be responsible for the following
provisions of this chapter:
A. Administration and enforcement of the Stormwater and Flood-Control
Articles.
B. Review of all engineering plans accompanying applications for development.
C. Inspection of improvements constructed or installed as part of any
application for development other than those which are the responsibility
of the Construction Official.
D. Certification before acceptance that all such improvements meet applicable
Borough codes and ordinances.
[Added 5-19-2021 by Ord. No. 2649-21]
A. Fees and escrow.
[Amended 5-18-2022 by Ord. No. 2683-22]
(1)
Fees and escrow for applications or for the rendering of any
service by the Boards or any member of their administrative staffs
shall be as follows:
Fees and Escrow for Applications
|
---|
Category
|
Application Fee
|
Application Escrow
|
---|
Relief from use regulation (D Variances)
|
One- or two-family
|
$250/variance
|
$750/variance
|
Three or more units
|
$250/variance
|
$1,500/variance
|
Nonresidential use
|
$300/variance
|
$1,500/variance
|
Relief from bulk regulations
|
One- or two-family
|
$200
|
$250 for the first variance and $50 for each additional variance
|
Three or more units
|
$200
|
Nonresidential use
|
$200
|
Request for design waivers
|
|
$50/waiver
|
One- or two-family application
|
$250
|
$3,500
|
Preliminary site plan
|
3 to 20 units
|
$250
|
$4,500
|
20+ units
|
$500
|
$5,500
|
Nonresidential, lot area 0 to 20,000 square feet
|
$500
|
$3,500
|
Nonresidential, lot area 20,000 to 50,000 square feet
|
$750
|
$5,000
|
Nonresidential, lot area 50,000 to 100,000 square feet
|
$750
|
$7,000
|
Nonresidential, lot area 100,000+ square feet
|
$750
|
$10,000
|
Final site plan
|
3 to 20 units
|
|
$3,375
|
20+ units
|
|
$4,125
|
Nonresidential, lot area 0 to 20,000 square feet
|
|
$2,625
|
Nonresidential, lot area 20,000 to 50,000 square feet
|
|
$3,750
|
Nonresidential, lot area 50,000 to 100,000 square feet
|
|
$5,250
|
Nonresidential, lot area 100,000+ square feet
|
|
$7,500
|
Subdivision
|
Sketch plan for major subdivision
|
|
$500
|
Preliminary minor
|
$300 + $50 for each lot over 3 lots
|
$750
|
Preliminary major
|
$400 + $100/lot
|
$1,500
|
Final minor
|
$400 + $100/lot
|
$750
|
Final major
|
$400 + $100/lot
|
$1,500
|
Miscellaneous items
|
Hearing scheduled for special meeting
|
$500/meeting
|
|
Special professional meeting (informal conceptual)
|
$100
|
$300/meeting
|
Development Review Committee meeting
|
$250
|
$500 for one- and two-family homes; all other applications $1,000
|
Legal notice publication fee
|
Actual cost of publication
|
|
Zoning interpretation
|
$100
|
$750
|
Appeals to the Board
|
$100
|
$750
|
(2)
Fees for inspection of constructed improvements.
(a)
Each applicant shall pay all reasonable costs for the municipal
inspection of the construction site and off-site improvements. An
escrow fund will be established with the Borough before construction
begins and such funds shall be used to pay the fee and costs of professional
services employed by the Borough to inspect the construction.
(b)
An initial fee, except for extraordinary circumstances, of the
greater of $500 or 5% of the cost of improvements shall be deposited
prior to the issuance of any construction permit. The estimated cost
of improvements shall be calculated by the Borough Engineer based
on documented construction costs for public improvements prevailing
in the general area of the municipality. For those developments for
which the reasonably anticipated fees are less than $10,000, fees
may, at the option of the developer, be paid in two installments.
The initial amount deposited by a developer shall be 50% of the reasonably
anticipated fees. When the balance on deposit drops to 10% of the
reasonably anticipated fees because the amount deposited by the developer
has been reduced by the amount paid for inspections, the developer
shall deposit the remaining 50% of the anticipated inspection fees.
For those developments for which the reasonably anticipated fees are
$10,000 or greater, fees may, at the option of the developer, be paid
in four installments. The initial amount deposited by a developer
shall be 25% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid for inspections, the Borough Chief Financial Officer shall provide
the developer with a notice of insufficient deposit balance and the
developer shall make additional deposits of 25% of the reasonably
anticipated fees. The Borough Engineer shall not perform any inspection
if sufficient funds to pay for those inspections are not on deposit,
except that any required health and safety inspections shall be made
and charged back against the replenishment of funds. If an inspection
deposit contains insufficient funds to enable the Borough to perform
required improvement inspections, the Borough Chief Financial Officer
shall provide the developer with a notice of insufficient deposit
balance. In order for work to continue on the development, the developer
shall within 10 days post a deposit to the account in an amount to
be agreed upon by the Borough and the developer. Upon the improvements
being approved, the deposit shall be closed out in the same manner
as is set forth for escrow accounts in this subsection.
(3)
All fees shall be paid as follows:
(a)
Fees shall be paid at the time of application.
(b)
In the event that the application is for more than one category
of relief or action, the fee shall consist of the total or the normal
fees for each category of action.
(c)
Additional fees. Applicants shall be required to pay any extraordinary
costs relating to subdivision, site plan, or conditional use review
and/or approval. Applicants shall be required to pay all inspection
fees for professionals with respect to the installation of improvements.
All such fees and charges shall be based upon a schedule established
by resolution of the Borough Committee.
(d)
Transcribing fees. The Boards may require the taking of testimony
stenographically and having the same transcribed, the cost of which
shall be borne and paid for by the appellant or applicant. The Boards
may require such deposit to be made for such purposes as shall be
reasonable in the circumstances.
(4)
Escrow account.
(a)
The escrow account is established to provide payment for the
technical and professional costs of the review of applications and
the review and preparation of documents and is based on the fee schedule
of this section. Reviewing applications shall include, but shall not
be limited to, all time spent at meetings by the professional staff.
(b)
All deposits for technical, professional review and inspection
fees shall be kept in an escrow account for that purpose by the Borough.
This account shall be managed by the Chief Financial Officer of the
Borough, in accordance with the terms of this section.
(c)
Whenever an amount of money in excess of $5,000 shall be deposited
by an applicant with the Borough for professional services employed
by the Borough or the approving Board to review applications for development,
municipal inspection fees in accordance with this chapter, or to satisfy
the guaranty requirements of this chapter, the money, until repaid
or applied to the purposes for which it was deposited, including the
applicant's portion of the interest earned thereon, except as otherwise
provided by law, shall continue to be the property of the applicant
and shall be held in trust by the Borough. Money deposited shall be
held in escrow. The Borough receiving the money shall deposit it in
a banking institution or savings and loan association in this state
insured by an agency of the federal government or in any other fund
or depository approved for such deposits by the state, in an account
bearing interest at the minimum rate currently paid by the institution
or depository on time or savings deposits. The Borough shall notify
the applicant, in writing, of the name and address of the institution
or depository in which the deposit is made and the amount of the deposit.
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, that entire amount shall belong to
the applicant and shall be refunded to the applicant by the Borough
annually or at the time the deposit is repaid or applied to 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 1/3 of the entire amount, which shall be in lieu of all other
administrative and custodial expenses.
(d) Whenever an escrow account drops to 50% or less of the initial required
escrow deposit, said account shall be replenished to the initial required
escrow amount within five business days of the request being made.
(e) All applications for development within the Borough of Roselle shall be accompanied by an executed escrow agreement. No application for development shall be deemed complete unless an executed escrow agreement is received. The escrow agreement is attached hereto and known as "
Attachment 8 - Escrow Agreement."
[Added 5-17-2023 by Ord. No. 2709-23]
B. Professional fees.
(1)
As used in this section, the following definitions shall apply:
IN-HOUSE PROFESSIONAL
Engineers, planners, attorneys, traffic officers, and other
professionals whose salary, staff support, and overhead are provided
by the Borough of Roselle.
OUTSIDE PROFESSIONALS
Time spent by a professional engineer, professional planner,
attorney, traffic consultant, or other professionals in connection
with review of an application and/or review and preparation of documents
in regard to such application. In appropriate cases, such services
shall include, without limitation, review of plans, reports, relevant
ordinance provisions, statutory law, case law, and prior approvals
for the same parcel; site inspections; and preparation of resolutions,
developer's agreements, and other documents.
(2)
Prospective developers shall bear the cost of all fees for professional
services in connection with land development matters under consideration
by the Planning Board, Zoning Board of Adjustment, or the Borough
Council.
(a)
Said land development matters shall include, but not be limited
to, applications for development, appeals, interpretations, application
approvals, amendments to the Land Development Ordinance, and amendments
to the Master Plan.
(b)
All fees and deposits shall be paid at the time of application.
In the event that any escrow deposit shall be depleted, the Zoning
Officer shall determine the additional deposit required and shall
notify the applicant. No application shall be heard or otherwise processed
until and unless all fees and deposits have been paid.
(3)
Professional services are:
(a)
Services rendered by outside professionals to the Borough and/or
the reviewing board in connection with an 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 professionals for the Borough 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, which may include a contract authorized by resolution.
Such schedules shall be subject to annual review by the Borough Council.
(b)
Services rendered by in-house professionals to the Borough and/or
the reviewing board in connection with an application. Services for
in-house professionals shall be billed 200% of the hourly base salary
multiplied by both the total number of hours of professional services
spent by each in-house professional in connection with the application.
The hourly base salary of each in-house professional shall be established
by ordinance annually.
(4)
Applicable professional services shall be:
(a)
Services which include but are not limited to inspections, investigations,
reviews, and attendance at meetings by planners, engineers, architects,
landscape architects, and other personnel and experts deemed necessary
with respect to action on said land development matters.
(b)
Attorney's services, including those of the board and/or Municipal
Attorney in connection with an application which is presently pending
before, or which has been approved by, a reviewing board. Such services
include extraordinary legal research and preparation or review of
documents, such as performance guarantees, developer and redeveloper
agreements, easements, maintenance or property owners' agreements,
or any other matters in connection with any approval. Such services
shall not include review of applications, attendance at meetings,
or preparations of resolutions granting or denying applications.
(5)
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 research or consultation with
a state agency is necessary due to the effect of a state approval
on the applicant's application.
(7)
At the time of filing any application, each applicant shall make a deposit for professional fees in accordance with the schedule contained at §
650-86.1A(1) above. The applicant shall pay the deposit required for ach approval which is requested or deemed necessary to cover the cost of professional services.
(8)
Payments.
(a)
The Chief Financial Officer of the Borough shall make all of
the payments to professionals for services rendered to the Borough
or approving board for review for applications for development, review
and preparation of documents, inspection of improvements, or other
purposes under this chapter. Such fees or charges are to be based
upon the ordinances herein.
(b)
Each payment charged to a 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, for each
date the service is performed, the hours spent in 1/4 of an hour increments,
the hourly rate, and the expenses incurred. All professionals shall
submit vouchers to the Chief Financial Officer on a monthly basis,
in accordance with the schedules and procedures established by the
Chief Financial Officer. The professional shall send an information
copy of all vouchers or statements submitted to the Chief Financial
Officer simultaneously to the applicant. The Chief Financial Officer
shall prepare and send to the applicant a statement which shall include
an accounting of the 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 the monthly charges
exceed $1,000. If an escrow account or deposit contains insufficient
funds to enable the Borough or approving board to perform required
application reviews or improvements inspections, the Chief Financial
Officer shall provide the applicant with a written notice of the insufficient
escrow or deposit balance. In order for work to continue on the development
or the application, the applicant shall, within 10 days, post a deposit
to the account in an amount to be agreed upon by the Borough or the
approving board and the applicant. With regard to review fees, if
the applicant fails to make said deposit within the time prescribed
herein, the approving board shall be authorized to dismiss the application
without prejudice, subject to the right of the applicant to seek reinstatement
of said application by written notice to the Chief Financial Officer
that the deposits have been posted. The application will be reinstated
upon written notification by the Chief Financial Officer to the approving
board that said deposits are, in fact, posted. In the interim, the
required health and safety inspections shall be made and charged back
against the replenishment of funds. With regard to inspection fees,
the Borough Engineer shall not perform any inspection if sufficient
funds to pay for the inspections are not on deposit. Failure to post
or maintain balances in accordance with the requirements of these
sections will subject the developer to a stop-work order and/or suspension
of construction permits.
(c)
In addition, no hearing before any Borough board or committee
may be convened and no construction permit or certificate of occupancy
may be issued if such amounts are due and payable.
(d)
The applicant and Chief Financial Officer shall follow the following
close-out procedures for all deposits and escrow accounts established
herein. Said procedures shall commence after the approving authority
has granted final approval of the development application, including
completion of all conditions of said approval, and/or has signed the
appropriate subdivision map or deed or after all of the improvements
have been approved. The applicant shall send written notice, by certified
mail, to the Chief Financial Officer and the approving board 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
within 30 days and shall send a copy simultaneously to the applicant.
The Chief Financial Officer shall render a written final accounting
to the applicant on the uses to which the deposit has been put within
45 days of the receipt of the final bill. Any balances remaining in
the deposit or escrow account, including interest, shall be refunded
to the applicant along with the final accounting.
(e)
All professional charges for review of the 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. 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 approval development
plans and documents.
(f)
If the municipality retains a different professional or consultant
in the place of the professional originally responsible for development,
application review, or inspection of improvements, the municipality
or approving board 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 board shall not bill
the applicant or charge the deposit or the escrow for any such services.
(9)
Dispute of charge; appeals; rules and regulations. All disputes
relating to charges and appeals thereof shall be in accordance with
N.J.S.A. 40:55D-42.2a.