[Ord. No. 642; readopted
by Ord. No. 2020-1235]
[Ord No. 724; Ord. No. 727; Ord. No. 2017-1191]
a.
Each such application or appeal before the Planning Board of the
Borough of Manville shall be accompanied by payment of a fee as follows
or shall be paid in a method to be determine by the Borough Council,
in its sole discretion, including but not limited to payment in installments:
1.
Escrow Deposits. In addition to the initial fees or charges as elsewhere
set forth, the municipal agency shall require escrow deposits in accordance
with the provisions of the fee and deposit schedule set forth in Article
11 hereof. The Chief Financial Officer of the Borough shall make all
of the payments to professionals for services rendered to the Borough
or approving authority for review of applications for development,
review and preparation of documents, inspection of improvements or
other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. The
application review and inspection charges shall be limited only to
professional charges for review of applications, 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 Borough. 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.
2.
Scope of reimbursed services. The Borough shall be entitled to be
reimbursed for the review of applications, 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 applicant or applicant's professionals.
3.
Deposit of escrow funds; refunds. 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. Applications for development
fees are nonrefundable. The Borough 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
Borough 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 Borough 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 of the final decision by the appropriate municipal agency
with respect to such application, upon certification of the Board
Secretary that such application has been finally decided.
4.
Payments.
(a)
Each payment charged to the 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 each date
the services were performed, the hours spent to one-tenth-hour increments,
the hourly rate and the expenses incurred. For Borough employees,
the hourly rate shall be 200% of the employee's hourly base salary
which shall be established annually by ordinance. All professionals
shall submit vouchers to the Chief Financial Officer of the Borough
on a monthly basis in accordance with the schedules and procedures
established by the Chief Financial Officer. The professional shall
send an informational copy of all vouchers or statements submitted
to the Chief Financial Officer of the Borough simultaneously to the
applicant and, the municipal agency for whom said services were performed.
(b)
The Chief Financial Officer shall prepare and send 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 exceeded $1,000. If an escrow account or deposit
contains insufficient funds to enable the Borough or approving authority
to perform required application review 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 Borough 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.
5.
Payments required prior to issuance of permits. No zoning 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 Borough from professional personnel rendering services in connection
with such application and payment has been made.
6.
Close-out procedures.
(a)
The following close-out procedures shall apply to all deposits
and escrow accounts established under the provisions of N.J.S.A. 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 escrow and deposits, or after the improvements
have been approved in accordance with N.J.S.A. 40:55D-53, in the case
of improvement inspection escrows and deposits.
(b)
The applicant shall send written notice by certified mail to
the Chief Financial Officer of the Borough 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 relevant professional shall render a final bill
to the Chief Financial Officer of the Borough within 30 days and shall
send a copy simultaneously to the applicant. The Chief Financial Officer
of the Borough 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 interests, in accordance with N.J.S.A. 40:55D-53.1,
shall be refunded to the developer along with the final accounting.
7.
Scope of charges. All professional charges for review of an application
for development, review and preparation of documents or inspection
of improvements shall be reasonable and necessary and in accordance
with N.J.S.A. A. 40:55D-53(h), 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.
8.
Limitation of inspection fees. Inspection fees shall be charged only
for 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.
9.
Substitution of professionals. If the Borough retains a different
professional or consultant in the place of a professional originally
responsible for development application review, or inspection of improvements,
the Borough 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 Borough or approving authority shall not bill
the applicant or charge to the deposit or the escrow account for any
such services.
10.
Estimate of cost of improvements. The cost of the installation of
improvements for the purposes of N.J.S.A. 40:55D-53 shall be estimated
by the Municipal Engineer, based on documented construction costs
for the public improvements prevailing in the general area of the
Borough. The developer may appeal the Municipal Engineer's estimate
to the County Construction Board of Appeals, established pursuant
to N.J.S.A. 52:27D-127.
11.
Appeals.
(a)
An applicant shall notify, in writing, the Land Use Administrator
(who shall be the Borough Engineer or his or her Designee) 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 Borough in reviewing applications for
development, review and preparation of documents, inspection of improvements,
or other charges made pursuant to N.J.S.A. 40:55D-53.2 The Land Use
Administrator or their 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.A.
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.A. 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 Borough, 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 informational copy of the professional's
voucher required by N.J.S.A. 40:55D-53.2(c), except that if the professional
has not supplied the applicant with an informational copy for the
voucher, then the applicant shall file his appeal within 60 days from
the receipt of the municipal statement of activity against the deposit
or escrow account required by N.J.S.A. 40:5D-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 the appeal, the Borough 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 plats 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 Borough may pay charges out of
the appropriate escrow account or deposit for which an appeal has
been filed. If a charge is disallowed after payment, the Chief Financial
Officer of the Borough 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 Borough, the professional
or consultant shall reimburse the Borough in the amount of any such
disallowed charge. A successful appellant may receive a refund of
the appeal fee.
b.
Schedule of Fees and Escrow Amounts.
1.
Each such application or appeal shall be accompanied by payment of
a fee as follows or shall be paid in a method to be determined by
the Borough Council, in its sole discretion, including but not limited
to payment in installments:
|
Schedule of Fees
| ||
|---|---|---|
|
Category
|
Application Fee
|
Escrow Fee
|
|
Minor subdivision, simple lot change (no variance
|
$250
|
$1,500
|
|
Minor subdivision plat or minor site plan
|
$200
|
$1,500
|
|
a. Sketch Plat
|
$200
|
$1,500
|
|
b. Preliminary plat
|
$250 plus $100 per lot
|
$1,500
|
|
c. Final plat
|
$200 plus $50 per lot
|
$1,500
|
|
Major Site Plan
| ||
|
a. Preliminary approval
|
$500 plus $5 per one thousand square feet of lot area or part
thereof, plus $5 per one hundred square feet of proposed floor are
or part thereof
|
$3,000
|
|
b. Final approval
|
25% of preliminary approval fee
|
$3,000
|
|
Conditional use applications
|
$250 in addition to other applicable fees
|
$1,500
|
|
Variances and appeals
| ||
|
a. Appeals (N.J.S.A. 40:55D-70a)
|
$200 for the first lot
|
$1,500
|
|
$100 for each additional lot
| ||
|
b. Interpretation (N.J.S.A. 40:55D-70b)
|
$200 for the first lot
|
$1,500
|
|
$100 for each additional lot
| ||
|
c. Hardship / bulk (N.J.S.A. 40:55D-70c)
|
$250 for the first lot
|
$1,500
|
|
$100 for each additional lot, in addition to other applicable
fees
| ||
|
d. Use (N.J.S.A. 40:55D-70d)
|
$350 for the first lot
|
$1,500
|
|
$100 for each additional lot, in addition to other applicable
fees
| ||
|
e. Permit (N.J.S.A. 40:55D-34 & 35)
|
$200
|
$1,500
|
|
Simple variance (If the application involves nothing more than
the erection of a fence or shed on the property of a single- or two-family
residence, construction of a swimming pool accessory to a single-
or two-family residence, or construction of an addition to or an alteration
of a single- or two-family residence not to exceed a total of 500
square feet.)
|
$75
|
$750
|
|
Amended subdivision or extension of approval
|
50% of initial fee
|
50% of initial escrow
|
|
Amended site plan or extension of approval
|
50% of initial fee
|
50% of initial escrow
|
|
Informal review of a concept plan
(In the event that the developer subsequently submits a preliminary
application or master development plan application for the proposed
development, the amount of any informal review shall be credited towards
those formal application fees.)
|
$50 for each meeting of Planning Board
For review by Planning Board engineer, 1/3 of conventional preliminary
fee or 1/3 of master development plan fee, as appropriate
|
$750
|
2.
Payment is made in two checks. One check is to be identified as the
"application fee" and the second check is to be identified as the
"escrow account."
3.
If the fee schedule for application fees or escrow deposits is modified
during the course of an application, the new application and escrow
fee due and payable will be that fee which is in effect at the time
the application is deemed complete.
4.
All fees shall be paid at the time of application.
5.
In the event the application is for more than one category of relief
or action, the fee shall consist of the total of the normal fees for
each category of action.
6.
Applicant shall be required to pay any extraordinary costs relating
to the site plan review of conditional use approval, including engineering
or other expert fees.
7.
The Board may require the taking of testimony stenographically and
having the same transcribed, the cost of which shall be borne and
paid by the appellant or applicant. The Board may require a deposit
to be made for such purposes as shall be reasonable under the circumstance.
8.
Applicant shall be responsible for the publication of a decision
of the governing body on an appeal in a newspaper, and shall be responsible
for the actual cost of publication of same.
c.
If the fee schedule for application fees or escrow deposits is modified
during the course of an application, the new application and escrow
fee due and payable will be that fee which is in effect at the time
of decision by the Board.
Whenever any person, whether applicant, developer, or other
interested party, shall order or obtain a transcript of any proceedings,
or part thereof, before the Planning Board, and whether such transcript
be prepared from tape recordings or court stenographer furnished by
the Board or by an applicant, developer, or other interested party,
the person shall furnish a copy of such transcript to the Approving
Authority.
Where a meeting has been recorded both electronically and by
certified court reporter, the transcript shall be prepared from the
record of the certified court reporter.
