[Amended 6-18-1986 by Ord. No. 5-86; 2-15-1989 by Ord. No. 5-89; 7-17-1992 by Ord. No.
11-92; 10-15-2008 by Ord. No. 10-2008; 2-18-2009 by Ord. No. 3-2009; 3-20-2013 by Ord. No. 4-2013; 5-18-2022 by Ord. No. 10-2022]
A.
Development applications.
(1)
The following list of applications must be accompanied, at the time
of submission of the application, by the fees and escrow amounts set
forth in Schedule 2-1, below. These fees and escrow amounts shall
consist of the sum of the following: 1) in Column A, an administrative
fee which is charged to the applicant to cover the costs associated
with the clerical processing and filing of the application, which
fee shall be nonrefundable; and 2) in Column B, a professional review
escrow amount which shall be deposited into the Professional Review
Escrow Account, maintained by the Municipal Treasurer. The deposit
required of the applicant and deposited into the Professional Review
Escrow Account shall cover the costs associated with the required
review of the application by the Zoning Board of Adjustment or Planning
Board's Engineer, Planner, Attorney or other professional consultant
and for applications submitted pursuant to N.J.S.A. 40:55D-70d, such
other professionals as the Zoning Board of Adjustment may reasonably
require, which review shall include a written report on the application
to be submitted to the Board.
|
SCHEDULE 2-1
Mandatory Development Fees
| ||||
|---|---|---|---|---|
|
Type of Development Application
|
Column A
Administrative Fee
|
Column B
Professional Review Escrow
| ||
|
Planning Board Fees
| ||||
|
A.
|
Residential.
| |||
|
(1)
|
Minor subdivision
|
$350
|
$1,400
| |
|
(2)
|
Preliminary major subdivision, (including amended applications)
|
$1,050
|
$5,600
| |
|
(3)
|
Final major subdivision
|
$1,050
|
$3,500
| |
|
B.
|
Nonresidential
| |||
|
(1)
|
Minor Subdivision
|
$1,400
|
$2,100
| |
|
(2)
|
Preliminary major subdivision
|
$2,100
|
$4,200
| |
|
(3)
|
Final major subdivision
|
$2,100
|
$4,200
| |
|
C.
|
Site plan.
| |||
|
(1)
|
Preliminary site plan
|
$2,100
|
$4,200
| |
|
(2)
|
Final site plan
|
$1,050
|
$2,800
| |
|
(3)
|
Site plan waiver
|
$1050
|
$1,400
| |
|
D.
|
Sketch plat review
|
$420
|
$700
| |
|
Zoning Board Fees
| ||||
|
E.
|
Bulk variances
| |||
|
(1)
|
Residential
|
$350
|
$1,050
| |
|
(2)
|
Nonresidential
|
$350
|
$1,750
| |
|
F.
|
Use variance
|
$700
|
$2,100
| |
|
G.
|
Appeals
|
$700
|
$700
| |
|
H.
|
Permits
|
$490
|
$490
| |
|
I.
|
Interpretation
|
$210
|
$700
| |
|
J.
|
Legal notice
|
$70
|
—
| |
(2)
Where one application for development includes several approval requests,
the aggregate sum of the individual required fees shall be paid.
(3)
Each applicant for subdivision or site plan approval shall agree,
in writing, to pay all reasonable costs for professional review of
the application and for inspection of the improvements. All such costs
for review and inspection must be paid before any construction permit
is issued, and all remaining costs must be paid in full before any
occupancy of the premises is permitted or certificate of occupancy
issued.
B.
If an applicant desires a certified court reporter, the cost of taking
testimony and transcribing it and providing a copy of the transcript
to the Borough shall be at the expense of the applicant, who shall
also arrange for the reporter's attendance.
[Added 7-15-2020 by Ord. No. 6-2020]
A.
In accordance with N.J.S.A. 40:55D-53 et seq., for the purpose of
assuring the installation and maintenance of bondable land development
improvements, as a condition of all final site plan, subdivision,
and/or zoning permit approvals, the Board or Zoning Officer, as appropriate,
shall require, and the Borough Council shall accept, the following
guarantees:
(1)
Performance guarantees.
(a)
The furnishing of a performance guarantee in favor of the Borough
in an amount not to exceed 120% of the cost of installation of only
those improvements required by an approval or developer's agreement,
ordinance, or regulation to be dedicated to a public entity, and that
have not yet been installed for the following improvements as shown
on the approved plans or plat: streets, pavement, gutters, curbs,
sidewalks, street lighting, street trees, surveyor's monuments, as
shown on the final map; water mains, sanitary sewers, community septic
systems, drainage structures, public improvements of open space, and
any grading necessitated by the preceding improvements. The performance
guarantee shall also cover the cost for privately owned perimeter
buffer landscaping in an approved phase or section of a development,
either as a separate guarantee or as a line item of the performance
guarantee.
(b)
The cost of the improvements covered by the performance guarantee
shall be determined by the Borough Engineer.
(c)
The Borough Engineer shall prepare an itemized cost estimate
of the improvements covered by the performance guarantee, which itemized
cost estimate shall be appended to each performance guarantee posted
by the obligor.
(2)
Maintenance guarantee.
(a)
In accordance with N.J.S.A. 40:55D-53, the developer shall post
with the Borough a maintenance guarantee in an amount not to exceed
15% of the cost of the installation of the following private site
improvements: stormwater management basins, inflow and water quality
structures within the basins, and the outflow pipes and structures
of the stormwater management system, if any, which cost shall be determined
by the municipal engineer. Additionally, in accordance with N.J.S.A.
40:55D-53.4, a maintenance guarantee is required for any items on
the performance bond associated with improvements being dedicated
to the municipality, if any, which cost shall be determined by the
municipal engineer.
(b)
The maintenance guarantee shall be furnished upon the inspection
and issuance of final approval of the applicable private site improvements
by the municipal engineer.
(c)
The term of the maintenance guarantee shall be for a period
not to exceed two years and shall automatically expire at the end
of the established term.
(3)
Temporary certificate of occupancy guarantee.
(a)
Pursuant to N.J.S.A. 40:55D-53(1)(c), a developer shall furnish
a temporary certificate of occupancy guarantee ("TCOG") whenever the
developer seeks a temporary certificate of occupancy for a development,
unit, lot, building, or phase of development. The TCOG shall be furnished
in favor of the municipality in an amount equal to 120% of the cost
of installation of any improvements which 1) remain to be completed
or installed under the terms of the temporary certificate of occupancy;
2) are required to be completed or installed as a condition precedent
to the issuance of a permanent certification of occupancy; and 3)
are not covered by an existing performance guarantee.
(b)
The scope and amount of the TCOG shall be determined by the
municipal engineer.
(c)
The TCOG shall be released upon the issuance of a permanent
certificate of occupancy, as issued and determined by the Borough
Construction Code Official and Borough Engineer.
(4)
Safety and stabilization guarantee.
(a)
Pursuant to N.J.S.A. 40:55D-53(1)(d), a developer shall furnish
a safety and stabilization guarantee ("SSG") in favor of the Borough,
either as a separate guarantee or as a line item of the performance
guarantee.
(b)
The amount of the SSG for a development with bonded improvements
in an amount not exceeding $100,000 shall be $5,000. The amount of
the SSG for a development with bonded improvements exceeding $100,000
shall be calculated as a percentage of the bonded improvement costs
of the development or phase of development as follows: $5,000 for
the first $100,000 of bonded improvement costs, plus 2 1/2% of
bonded improvement costs in excess of $100,000 up to $1,000,000, plus
1% of bonded improvement costs in excess of $1,000,000.
(c)
The Borough shall release a separate SSG to a developer upon
the developer's furnishing of a performance guarantee which includes
a line item for safety and stabilization in the amount required pursuant
to this chapter.
(d)
An SSG shall be available to the municipality for the purpose
of returning property that has been disturbed to a safe and stable
condition, or taking other measures to protect the public from access
to an unsafe or unstable condition. An SSG shall be shall only be
available to the Borough when:
[1]
Site disturbance has commenced and, thereafter, all work on
the development has ceased for a period of at least 60 consecutive
days following such commencement for reasons other than force majeure;
and
[2]
Work has not recommenced within 30 days following the provision
of written notice by the Borough to the developer of the Borough's
intent to claim payment under the guarantee. The Borough shall not
provide notice of its intent to claim payment under an SSG until a
period of at least 60 days has elapsed during which all work on the
development has ceased for reasons other than force majeure. The Borough
shall provide written notice to a developer by certified mail or other
form of delivery providing evidence of receipt.
[3]
The municipality shall release an SSG upon the municipal engineer's
determination that the development of the project site has reached
a point that the improvements installed are adequate to avoid any
potential threat to public safety.
B.
Other governmental agencies. In the event that other governmental
agencies or public utilities will automatically own the utilities
to be installed or the improvements are covered by a performance or
maintenance guarantee to another governmental agency, no performance
or maintenance guarantee, as the case may be, shall be required by
the Borough for such utilities or improvements.
C.
Borough Solicitor review. The performance, maintenance, TCOG and
SSG guarantees must be reviewed by the Borough Solicitor to confirm
that they are issued satisfactory as to form, sufficiency and execution
and they meet all statutory requirements. After review and approval
by the Borough Solicitor, all guarantees must be posted in original
form with the Borough Clerk prior to the Planning Board Chair's and
Secretary's signature of any site plan, subdivision plat or minor
subdivision deed, and prior to issuance of any zoning, building or
other permit or certificate.
D.
Extension of time. The time allowed for installation of the improvements
for which the performance guarantee has been provided may be extended
by the governing body by resolution. As a condition or as part of
any such extension, the amount of any performance guarantee shall
be increased or reduced, as the case may be, to an amount not to exceed
120% of the cost of the installation, which cost shall be determined
by the municipal engineer according to the method of calculation set
forth in N.J.S.A. 40:55D-53.4 as of the time of the passage of the
resolution.
E.
Default; reductions and release. If the required improvements are
not completed or corrected in accordance with the performance guarantee,
the developer and surety, if any, shall be liable thereon to the Borough
for the reasonable cost of the improvements not completed or corrected
and the Borough may either prior to or after the receipt of the proceeds
thereof complete such improvements. Such compilation or correction
of improvements shall be subject to the public bidding requirements
of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.). Otherwise,
the guarantees will be subject to reduction and release as provided
in N.J.S.A. 40:55D-53 et. seq.
F.
Request for list of uncompleted or unsatisfactory completed improvements.
Upon substantial completion of all required street improvements (except
for the top course) and appurtenant utility improvements, and the
connection of same to the public system, the obligor may request of
the governing body in writing, by certified mail addressed in care
of the Borough Clerk, that the municipal engineer prepare, in accordance
with the itemized cost estimate prepared by the municipal engineer
and appended to the performance guarantee pursuant to this section,
a list of all uncompleted or unsatisfactory completed improvements.
If such a request is made, the obligor shall send a copy of the request
to the municipal engineer. The request shall indicate which improvements
have been completed and which improvements remain uncompleted in the
judgment of the obligor. Thereupon the municipal engineer shall inspect
all bonded improvements covered by obligor's request and shall file
a detailed list and report, in writing, with the governing body, and
shall simultaneously send a copy thereof to the obligor not later
than 45 days after receipt of the obligor's request. The list prepared
by the municipal engineer shall state, in detail, with respect to
each bonded improvement. determined to be incomplete or unsatisfactory,
the nature and extent of the incompleteness of each incomplete improvement
or the nature and extent of, and remedy for, the unsatisfactory state
of each completed improvement determined to be unsatisfactory. The
report prepared by the municipal engineer shall identify each improvement
determined to be complete and satisfactory together with a recommendation
as to the amount of reduction to be made in the performance guarantee
relating to the completed and satisfactory improvement, in accordance
with the itemized cost estimate prepared by the municipal engineer
and appended to the performance guarantee pursuant to this section.
G.
Action by governing body. The Borough Council, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the municipal engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee and the "safety and stabilization bond" relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the municipal engineer. Upon adoption of the resolution by the Borough Council, the obligor shall be released from all liability pursuant to its performance guarantee and "safety and stabilization bond," with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the total performance guarantee and "safety and stabilization bond" posted may be retained to ensure completion and acceptability of all improvements. For the purpose of releasing the obligor from liability pursuant to its performance guarantee and "safety and stabilization bond, " the amount of the performance guarantee and "safety and stabilization bond" attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to Subsection A(1) of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee and "safety and stabilization bond" to ensure completion and acceptability of all improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy bond has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the Borough to below 30%. If any portion of the required improvements is rejected, the Borough may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this section shall be followed.
H.
Engineering inspection fees. The obligor shall reimburse the Borough
for reasonable inspection fees paid to the Borough Engineer for the
foregoing inspection of improvements: which fees shall not exceed
the sum of the amounts set forth in N.J.S.A. 40:55D-53(a)(b). The
developer shall post the following inspection fees in escrow:
(1)
Not to exceed 5% of the cost of bonded improvements that are
subject to a performance guarantee under N.J.S.A. 40:55D-53(a)(b),
which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4; and
(2)
Not to exceed 5% of the cost of private site improvements that
are not subject to a performance guarantee under N.J.S.A. 40:55D-53(a)(b),
which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.
(3)
Installments. For those developments for which the inspection
fees total less than $10,000, fees may, at the option of the developer,
be paid in two installments. The initial amount deposited in escrow
by a developer shall be 50% of the inspection fees. When the balance
on deposit drops to 10% of the inspection fees because the amount
deposited by the developer has been reduced by the amount paid to
the municipal engineer for inspections, the developer shall deposit
the remaining 50% of the inspection fees. For those developments for
which the inspection fees total $10,000 or greater, fees may, at the
option of the developer, be paid in four installments. The initial
amount deposited in escrow by a developer shall be 25% of the inspection
fees. When the balance on deposit drops to 10% of the inspection fees
because the amount deposited by the developer has been reduced by
the amount paid to the municipal engineer for inspection, the developer
shall make additional deposits of 25% of the inspection fees.
(4)
Request for additional deposit. If the municipality determines
that the amount in escrow for the payment of inspection fees, as calculated
pursuant to N.J.S.A. 40:55D-53(a)(b), is insufficient to cover the
cost of additional required inspections, the municipality may require
the developer to deposit additional funds in escrow provided that
the municipality delivers to the developer a written inspection escrow
deposit request, signed by the municipal engineer, which: informs
the developer of the need for additional inspections, details the
items or undertakings that require inspection, estimates the time
required for those inspections, and estimates the cost of performing
those inspections.
I.
Applicability of amendments not codified in this section. Any and
all amendments made to N.J.S.A. 40:55D-53 that have not been codified
in this section shall be deemed incorporated herein.
J.
Applicability to existing projects. The modifications in this section
shall be applicable to all projects that have not received final approvals
from the Borough Planning Board or the Borough Zoning Board of Adjustment
and/or which have not posted bonds and begun construction of required
improvements as of January 16, 2018, the date of enactment of P.L.
2017, c. 312, which obviated the Borough's previously lawful ordinances.
