[Added 5-5-1998 by Ord. No. 98:03]
In addition to the required application fees
established by this chapter, an applicant for any development application
shall be required to establish one or more escrow accounts with the
Borough of Norwood to cover the reasonable and necessary review and
consultation costs and fees of the borough's professional personnel
and shall be responsible to reimburse the borough for all payments
made to the professional personnel, in accordance with the terms of
this chapter and the Municipal Land Use Law.
The escrow accounts shall be used to reimburse
the borough for all costs of professional services of professional
personnel incurred and paid by it necessary to process an application
for development before a municipal agency such as but not by way of
limitation:
A.
Charges for reviews by professional personnel of applications
and accompanying documents.
B.
Issuance of reports by professional personnel to the
municipal agency setting forth recommendations resulting from the
review of any documents submitted by an applicant.
C.
Charges for any telephone conference or meeting required
or initiated by the applicant, his attorney, or any of his experts.
D.
Review of additional documents submitted by the applicant
and issuance of reports relating thereto.
E.
Review or preparation of easements, developer's agreements,
deeds, resolutions or the like.
F.
Preparation for and attendance at meetings and site
inspections of improvements.
G.
The cost of expert advice or testimony obtained by
the municipal agency for the purpose of corroborating testimony of
an applicant's experts provided that the municipal agency gives prior
notice to the applicant of its intention to obtain such additional
expert advice or testimony and affords the applicant an opportunity
to be heard as to the necessity for such additional advice or testimony
and the definition of the limitations on the nature and extent thereof.
A.
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. The hourly charges
of professionals shall be at the same rate as all other work of the
same nature by the professional charged to the borough when fees are
not reimbursed or otherwise imposed on applicants or developers. 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 that 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 site approvals
on the subdivision or site plan.
B.
The term "professional personnel" or "professional
services" as used herein shall include the services of a duly licensed
engineer, surveyor, planner, attorney, realtor, appraiser or other
expert who would provide professional services to ensure that an application
meets the standards set forth in the applicable ordinances and statutes
and other experts whose testimony is in an area in which the applicant
has presented expert testimony.
C.
Inspection fees shall be charged only for actual work
shown on a subdivision or site plan or required by an approved 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.
D.
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.
Upon the filing of an application as set forth in § 230-20 of this article, an applicant shall deposit with the Board Secretary the initial escrow deposits set forth below. Deposits shall be made by personal check, certified check or money order payable to the borough. The following are the initial required escrow deposits:
A.
Site plans.
(1)
Concept plan. No charge where the applicant asks for
review without input and advice from the Board's professional advisors.
Where the applicant requests review with input and advice from the
Board's professional advisors, there shall be a minimum escrow deposit
fee of $1,000.
(2)
Preliminary site plan. For any site plan involving
nonresidential development there shall be a review fee of $50 for
the first 20,000 square feet of lot area or fraction thereof, plus
$10 for each 10,000 square feet or fraction thereof of lot area over
20,000 square feet, plus $50 for the first 1000 square feet of floor
area of any new building or alteration of or addition to any existing
building on the subject property, plus $10 for each 1,000 square feet
or fraction thereof of floor area over 1,000 square feet. For any
site plan for residential development, the review fee is $100 for
each acre, or part thereof, in the development site and $40 for each
proposed dwelling unit. No site plan for preliminary approval shall
have a review fee less than $1,000.
(3)
Final site plan. The final site plan review fee shall
be one-half the preliminary site plan review fee prorated. Any site
plan containing both nonresidential and residential development shall
pay a fee that equals the collective technical review fee of the nonresidential
and residential parts as above outlined.
B.
Conditional use. The review fee for a conditional
use shall be $1,000.
C.
Subdivision:
(1)
Concept plan. No charges where the applicant asks
for review without input and advice from the Board's professional
advisors. Where the applicant requests review with input and advice
from the Board's professional advisors, there shall be a minimum escrow
deposit fee of $1,000.
(2)
Minor subdivision or resubdivision. One hundred dollars
for each lot within the proposed subdivisions or $500, whichever is
greater.
(3)
Preliminary plat of a major subdivision. One hundred
dollars for each lot within preliminary plat of subdivision or $500,
whichever is greater.
(4)
Final plat of a major subdivision. Fifty dollars for
each lot within the final plat of subdivision.
Upon receipt of an application for one of the
developments listed in the preceding section, the Board Secretary
shall send a copy of the application and one set of all plans and
reports to the Municipal Engineer, the Planning Consultant, the Board
Attorney and any other professional authorized by the Board. Within
seven days of the receipt of same, said professionals shall submit
an estimate of funds sufficient in the amount to undertake technical
reviews and findings of fact relative to the application. If upon
review of those estimates the Board and/or its designee or committee
finds that the fees listed in the preceding section are insufficient
to pay the estimated necessary costs for examination and review of
an application, such additional amount as in the reasonable judgment
of the Board will be necessary to pay said costs shall be requested
from the applicant.
The approving authority and/or its designee
or committee shall not determine an application is complete until
the initial escrow deposit is paid.
A.
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 all other deposits may be in a noninterest-bearing
account. Upon receipt of bills from professionals and approval of
the bills as hereinafter provided for, the Chief Financial Officer
may use such funds to pay the bills submitted by the professional
or experts. The borough shall not be required to refund an amount
of interest paid on a deposit that 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 the applicant 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 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.
B.
The Chief Financial Officer 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. 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 except
as provided for specifically by statute, nor shall a municipal professional
add any such charge to this bill.
C.
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 submitted by the professional.
All vouchers shall identify the personnel performing the service and
each date the services were performed, the hours spent to one-fourth-hour
increments, the hourly rate and the expenses incurred. 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 which the services were performed.
D.
The Chief Financial Officer shall prepare and send
to the applicant a statement that 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 borough 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 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.
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 the professional personnel
rendering services in connection with such application and payment
has been made.
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 escrows 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.
A.
The applicant shall send written notice, by certified
mail, to the Chief Financial Officer 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 within 30 days and shall send a copy simultaneously
to the applicant. The Chief Financial Officer 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.A. 40:55D-53.1, shall be refunded to the developer
along with the final accounting.
The cost of the installation of improvements
for the purposes of N.J.S.A. 40:55D-53 shall be estimated by the Borough
Engineer based on documented construction costs for the public improvements
prevailing in the general area of the Borough. The developer may appeal
the Borough Engineer's estimate to the County Construction Board of
Appeals, established pursuant to N.J.S.A. 52:27D-1:27.
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 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 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.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 Borough Engineer pursuant to N.J.S.A.
40:SSD-53.4. An applicant or authorized agent shall submit the appeal,
in writing, to the County Construction Board of Appeals and shall
simultaneously send a copy of the appeal to the borough, the 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 of the voucher, then the
applicant shall file his appeal within 60 days from receipt of the
statement of activity against the deposit or escrow account required
by N.J.S.A. 40:55D-53.2c. 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 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 guaranties, 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 section.
The Chief Financial Officer 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 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 the borough, the professional or consultant shall
reimburse the borough in the amount of any such disallowed charge.
