[Last amended 2-13-2017 by Ord. No. O:06-2017]
[Amended 9-23-2019 by Ord. No. O:41-2019]
A.
There shall be a continuing obligation to pay application fees and
professional and consulting fees incurred during the course of review.
Applicants submitting the applications set forth herein shall pay
such application and escrow fees as are due and all reasonable costs
for professional services, including engineering, legal, planning
and other costs incurred by the Township in connection with the review
and approval by the Planning Board or Zoning Board of Adjustment,
including review by any advisory Township Board or Commission including
the Redevelopment Authority or Committee, of the applications set
forth herein or by the Township Council of any aspect thereof including
an appeal or a concept plan by such Board and review to assure that
the conditions of approval have been satisfied. Such professional
and consulting services may be rendered by Township employees or consultants
retained by the Township on a general basis or retained specially
for an application by the Board having jurisdiction or the Township.
In conjunction with payment of such professional and consulting fees,
the applicant shall make an escrow deposit in the amount and manner
set forth herein and shall execute an agreement in a form provided
by the Township obligating itself to pay such fees. The application
fee is a flat fee to cover direct administrative expenses and is nonrefundable.
B.
Amount of fees and escrow deposits due. Each applicant shall, prior
to its application being deemed complete, submit to the Community
Development Director, by certified check or money order, the following
sums as application fees and escrow deposits, together with a fully
executed escrow agreement in the form provided by the Township:
(3)
(7)
Development and redevelopment review fees.
(a)
Purpose. With the goal of enhancing planning, redevelopment
and economic development activities within the Township of Monroe
and the intent that such activities further the interests of sustaining
and promoting growth and development in the Township, the Township
hereby establishes escrow accounts for fees to defray costs for redevelopment
projects.
(b)
Authority. Pursuant to N.J.S.A. 40A:12A-8(f) of the Local Redevelopment
and Housing Law, potential redevelopers with the Township of Monroe
("Township") shall be required to enter into a redevelopment escrow
funding agreement ("funding agreement") to cover the Township's administrative
expenses, evaluations, negotiation and approval of agreements, legal,
engineering, planning, and other professional review fees, and other
costs associated with the implementation and administration of redevelopment
projects (collectively "redevelopment project costs and expenses")
with the Township Council, the Redevelopment Authority, Economic Development
Commission, and/or the Planning Board.
(c)
Fees. Prior to submission of an application for development
including redevelopment or rehabilitation to Council, the Redevelopment
Authority, Economic Development Commission, and/or the Planning Board,
fees shall be payable based on the cost of the proposed project.
(d)
Application fee. The application fee for redevelopment/rehabilitation
projects: $500.
(e)
Escrow funding agreement and procedures regarding redevelopment
matters.
[1]
This redevelopment funding agreement shall be a prerequisite
to all redevelopment agreements with the Township where the cost of
the redevelopment project is as described below.
[2]
The funding agreement acknowledges and binds the developer to
post an escrow with the Township to pay the Township's redevelopment
project costs and expenses. This includes, but is not limited to,
all legal, engineering, planning, and/or other professional costs
associated with the redevelopment. The appropriate Township Official
shall establish an escrow account for the redevelopment project. The
escrow deposit will be held by the Township and disbursed pursuant
to a redevelopment funding agreement. The funding agreement shall
be initiated, implemented and managed by the Township Council, the
Redevelopment Authority, Economic Development Commission, and/or the
Planning Board.
[3]
Escrow amounts for redevelopment matters.
[a]
Potential redevelopers shall be required to make
payments to an escrow account to cover the Township's redevelopment
project costs and reasonable expenses, including, but not limited
to, professional review and administrative expenses, towards the potential
redeveloper's project. The initial deposit requirement and, if necessary,
the amount to be replenished shall be based on the cost of the potential
redeveloper's project as described below:
|
Cost of Redevelopment Project
|
Escrow Deposit
|
|---|---|
|
$0 to $250,000
|
$5,000
|
|
$250,000 to $500,000
|
$10,000
|
|
$500,000 to $1,000,000
|
$15,000
|
|
Above $1,000,000
|
$20,000
|
[b]
If, depending on the scope of the project, the
balance of the escrow deposit has insufficient funds and/or falls
below $2,000, the potential redeveloper may be required to replenish
the escrow account within 20 days from an agreement reached between
the potential redeveloper and the Township Council, the Redevelopment
Authority, Economic Development Commission, and/or the Planning Board.
C.
Each applicant who shall submit a plan for site approval shall agree
in writing, by execution of an escrow agreement, to pay all reasonable
costs for professional review of the plans and application and for
inspection of the improvements required by the Planning Board or Zoning
Board. All costs shall be paid in full prior to the issuance of any
building permits and any additional escrow due and owing shall be
paid in full before any occupancy of the premises is permitted or
occupancy permit is issued.
D.
All relevant provisions regarding the collection, deposit and disposition
of application and escrow fees as set forth in the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq., are hereby incorporated herein
by reference fully.
E.
Escrow for inspection. The escrow deposit for inspection shall be
5% of the cost of improvements or $500, whichever is greater, except
for extraordinary circumstances.
F.
Escrow fees. The escrow fees required at the time of submission are
minimums, which must be submitted with the application for development.
An application for development shall not be deemed complete until
all required fees have been paid.
G.
Application of escrow fees. Escrow fees shall be applied to professional
costs charged to the Township of professional consultants (planner,
engineer, attorney and any other consultant or specialist retained
by the Board) for services rendered in the review of the development
application. Additional escrow fees shall be required when the original
escrow amount is depleted by 50% or more and the application is still
in progress. The amount of additional escrow fees required shall be
equal to the difference between the remaining escrow moneys and the
original escrow fees deposited. The review of any application which
is found to be deficient in the required escrow moneys shall cease
until such time as the additional escrow fees have been deposited.
H.
After an application has received final approval and it has been
determined that no further reviews will be involved, any remaining
escrow moneys shall be refunded to the applicant, upon the applicant's
request. Failure of the applicant to request unused funds, for a period
of two years, shall render the moneys within the account nonrefundable.
The Clerk of the Planning Board and Zoning Board of Adjustment shall
notify the Chief Financial Officer, who will transfer the remaining
escrow from said account into the general treasury. A detailed account
of all moneys expended from the escrow funds shall be available to
the applicant upon request.
[Amended 7-24-2023 by Ord. No. O:23-2023]
