[Ord. No. 03-20 § 1; Ord. No. 04-15 § 1]
In addition to the initial fees or charges as elsewhere set
forth, the municipal agency shall require escrow deposits as determined
by the Board or Construction Official. The Chief Financial Officer
of the municipality shall make all of the payments to professionals
for services rendered to the municipality or approving authority for
review of applications for development and/or requests for building
permits, review and preparation of documents, inspection of improvements
or other purposes under the provisions of N.J.S. 40:55D-1 et seq.
The application review and inspection charges shall be limited only
to professional charges for review of applications, and/or requests
for building permits, review and preparation of documents and inspections
of developments under construction and for review by outside consultants
when an application is of a nature beyond the scope of the expertise
of the professionals normally utilized by the 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 other than engineering
fees incurred with respect to review of an application and plans for
building permits, except as provided for specifically by statute,
nor shall a municipal professional add any such charge to his bill.
[Ord. No. 03-20 § 2; Ord. No. 04-15 § 2]
The municipality shall be entitled to be reimbursed for their
review of applications, and/or requests for building permits, both
as to completeness and as to content; for the review and preparation
of documents such as, but not limited to: drafting resolutions, developer's
agreements, and necessary correspondence with application or applicant's
professionals.
[Ord. No. 03-20 § 3]
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.
[Ord. No. 03-20 § 4; Ord. No. 04-15 § 4]
Each payment charged to the deposit for review of applications
and/or review of requests for building permits, 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 1/4 hour increments, the hourly rate and the expenses
incurred.
All professionals shall submit vouchers to the Chief Financial
Officer of the municipality on a monthly basis in accordance with
the schedules and procedures established by the Chief Financial Officer.
The statements submitted to the Chief Financial Officer of the municipality
simultaneously to (1) the applicant and (2) the municipal agency for
whom said services were performed.
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 reasonable time period post a deposit to the account in an
amount to be agreed upon by the municipality or approving authority
and the applicant. In the interim, any required health and safety
inspections shall be made and charged back against the replenishment
of funds.
[Ord. No. 03-20 § 5]
No zoning permits, building permits, certificates of occupancy
or any other types of 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.
[Ord. No. 03-20 § 6]
The following close out procedures shall apply to all deposits
and escrow accounts established under the provisions of N.J.S. 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. 40:55D-53, in the case
of improvement inspection escrows and deposits.
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. 40:55D-53.1
shall be refunded to the developer along with the final accounting.
[Ord. No. 03-20 § 7]
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.
[Ord. No. 03-20 § 8]
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 approved development plans and documents.
[Ord. No. 03-20 § 9]
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 to the deposit or the escrow account
for any such services.
[Ord. No. 03-20 § 10]
The cost of the installation of improvements for the purposes
of N.J.S. 40:55D-53 shall be estimated by the Municipal Engineer based
on the 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 County Construction
Board of Appeals, established pursuant to N.J.S. 52:27D-127.
[Ord. No. 03-20 § 11]
a. 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 the applications
for development, review and preparation of documents, inspections
of improvements, or other charges made pursuant to N.J.S. 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. 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.
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 information copy of the professional's voucher required
by subsection N.J.S. 40:55D-53.2(c), 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. 40:55D-53.2(c). 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.
b. Appeals shall be taken in accordance with the rules and procedures
established by the County Construction Board of Appeals.
c. 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 plans 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 the 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.