[Added 12-1-1987 by Ord. No. 796-87; amended 12-27-1988 by Ord. No. 838-88]
A. 
There are hereby created escrow accounts, the purpose of which is to defray the costs of operation of the Planning Board and Board of Adjustment. The fees paid into the escrow account shall apply regardless of whether the application is heard before the Planning Board or the Board of Adjustment.
B. 
Escrow agreement; payment of fees.
(1) 
Before submitting an application for development to either the Board of Adjustment or Planning Board, hereinafter "approving authority," the applicant shall be required to make a deposit with the Borough Treasurer as hereinafter provided and execute an escrow agreement to defray the cost to the Borough of all necessary and reasonable costs incurred for technical and professional review and/or testimony, including but not limited to engineering and legal fees and expenses, by the approving authority. Said escrow agreement shall be in a form approved by the Borough Council.
(2) 
The amounts specified for the escrow accounts are estimates of fees. Said fees must be paid prior to certification by either board of a complete application. All fees required by this section shall be paid prior to the application of any applicant being considered complete; provided, however, that payment of the fee in and of itself shall not be deemed to make the application complete. In the event that the amounts required to be deposited by this section are not sufficient to cover the professional charges to the Borough of Caldwell, the Planning Board or the Board of Adjustment is hereby granted the power to request additional funds as provided hereinafter. In the event that the amounts deposited in escrow shall be in excess of the amount required for all professional review and charges, the excess funds plus any accrued interest shall be returned to the applicant within 30 days of the submission of the final invoice by the Borough professionals with regard to said application.
[1]
Editor's Note: For provisions pertaining to escrow accounts in excess of $5,000, see N.J.S.A. 40:55D-53.1.
The Board Secretary or other designee of the approving authority shall periodically advise the Board of the balance of all escrow accounts and when additional funds are required as provided for hereinafter. In the event that additional funds are required, the Board Secretary or designee shall forthwith notify the approving authority and the applicant. In the event that the additional fees are not paid within 14 days of said notice, the application shall be deemed incomplete, and no further action shall be taken on said application until the deficiency is cured. In the event that additional fees are required, they shall be paid to the Borough of Caldwell in accord with the same agreement already entered into or any additional terms which may be agreed to by the applicant and the approving authority. After Board approval and before issuing a construction permit or certificate of occupancy for any element of a project, the Zoning Officer shall determine from the Board Secretary or aforesaid designee whether there are sufficient escrow funds to pay all pending bills attributable to the particular project.
A. 
The following subdivision review escrow account fees are hereby established, and they shall be in addition to the variance and site plan review fees when site plan is required in addition to subdivision:
Subdivision Review
Escrow Account Fee
Minor subdivision
$200
Major subdivision
Sketch plan
$250 plus $15 per lot
Preliminary plat
$750 plus $25 per lot
Plan revisions
1/2 the total of the previously submitted fees covering the initial plan review procedure
Final plat
$500 plus $10 per lot
B. 
Variance and site plan review escrow account fees. The following site plan review escrow account fees are hereby established:
Variance and Site Plan Review
Escrow Account Fee
Site plans
Preliminary
Residential
$750
Nonresidential
$750
Plan revisions
1/2 the total of the previously submitted fees covering the initial plan review procedure
Final
$500
Conditional use applications
$200
Variances and appeals
$200
Variance requesting relief under N.J.S.A. 40:55D-70d
$250
Variance requesting relief other than under N.J.S.A. 40:55D-70d
$100
C. 
Minimum balance; when required. There shall be an additional fee due and owing whenever the original fee paid into escrow is reduced by charges against the account to 25% or less of the original fee. The Board Secretary or designee shall, in writing, require the applicant to provide additional moneys to bring the escrow account up to 50% of the fee originally paid, which additional fee shall be payable prior to the Planning Board or Board of Adjustment taking any further action of any sort on the application before it in accordance with § 210-55.
D. 
Accounting of fees. In the event that any applicant desires an accounting of the expenses or fees paid by him for professional review, he shall request the same in a letter directed to the respective Board Secretary or designee. The applicant shall be responsible for any costs incurred in having the Boards' professional and/or administrative staff prepare an accounting of the fees expended.
A. 
There are hereby created escrow accounts for the purpose of defraying necessary and reasonable construction observation and inspection fee costs charged to the Borough of Caldwell by the Borough Engineer for all development, with the exception of development of owner-occupied one- and two-family homes.
B. 
Prior to the issuance of a building permit, the applicant shall be required to make the deposit for construction observation and inspection fee costs and execute the herein referred to escrow agreement. The applicant shall execute an escrow agreement to defray the costs to the Borough of all necessary and reasonable inspection costs incurred by technical and professional review of the Board's Engineer. Said escrow agreement shall be in a form approved by the Borough Council. The amount specified below for the escrow funds are estimates of the fees charged to the Borough. In the event that the amounts required to be deposited for said fees by this section are not sufficient to cover the construction, observation and inspection fees to the Borough of Caldwell, the Construction Code Official is hereby granted the power to require an additional fee equal to 25% of the initial fee. In the event that the amounts posted as inspection fees are in excess of the amounts required for all professional inspections, the excess funds shall be returned to the applicant, plus accrued interest, within 30 days of the issuance of a certificate of occupancy for the project which the fees cover.
C. 
The following construction observation and inspection escrow account fees are hereby established. Said fees shall be based on the cost of site improvements as follows:
(1) 
Less than $4,000: 10% of the estimated costs.
(2) 
$4,001 to $5,000: $400 plus 8% of the excess over $4,000.
(3) 
$5,001 to $50,000: $800 plus 5% of the excess over $5,001.
(4) 
Over $50,000: $3,500 plus 4% over $50,000.