Every municipal agency shall adopt, and may
amend, reasonable rules and regulations, not inconsistent with this
chapter, for the administration of its functions, powers and duties,
and shall furnish a copy thereof to any person upon request and may
charge a reasonable fee for such copy. Copies of all such rules and
regulations and amendments thereto shall be maintained in the office
of the Town Clerk.
A.
Every municipal agency shall by its rules fix the time and place for holding its regular meeting for business authorized to be conducted by such agency. Regular meetings of the municipal agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process. The municipal agency may hold special meetings, at the call of the Chairman or on the request of any two of its members, which shall not be held on notice to its members and the public in accordance with municipal regulations. No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of the members present at the meeting, except as otherwise required by sections of this chapter and Sections 23, 25, 49 and 50 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-32, 40:55D-34, 40:55D-62 and 40:55D-63). Failure of a motion to receive the number of votes required to approve an application pursuant to the exceptional vote requirements of Section 25 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-34), of Article VI of this chapter shall be deemed an action denying the application. Nothing herein shall be construed to contravene any act providing for procedures for the governing body.
B.
All regular meetings and all special meetings shall
be open to the public. Notice of all such meetings shall be given
in accordance with municipal regulations. An executive session for
the purpose of discussion and studying any matters to come before
the agency shall not be deemed a regular or special meeting within
the meaning of this act.
C.
Minutes of every regular or special meeting shall
be kept and shall include the names of the persons appearing and addressing
the municipal agency and of the persons appearing by attorney, the
action taken by the municipal agency, the findings, if any, made by
it and reasons therefor. The minutes shall thereafter be made available
for public inspection during normal business hours at the office of
the administrative officer. Any interested party shall have the right
to compel production of the minutes for use as evidence in any legal
proceedings concerning the subject matter of such minutes. Such interested
party may be charged a reasonable fee for reproduction of the minutes
for his use.
[Amended by Ord. No. 17-92]
A.
When required. The Planning Board shall hold a hearing
on each application for development. The Planning Board shall also
hold a hearing on the adoption, revision or amendment of a master
plan. The governing body shall hold a hearing on the adoption or amendment
of a development regulation, an official map or a capital improvements
program.
(1)
The municipal agency shall make rules governing such
hearings. Any maps and documents for which approval is sought at a
hearing shall be on file and available for public inspection at least
10 days before the date of the hearing during normal business hours
in the office of the administrative officer. The applicant may produce
other documents, records, or testimony at the hearing to substantiate
or clarify or supplement the previously filed maps and documents.
(2)
The officer presiding at the hearing or such person
as he may designate shall have power to administer oaths and issue
subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses and documents presented
by the parties, and the provisions of the County and Municipal Investigations
Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
(3)
The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer, and the right of cross-examination shall be permitted to
all interested parties through their attorneys, if represented, or
directly, if not represented, subject to the discretion of the presiding
officer and to reasonable limitations as to time and number of witnesses.
(4)
Technical rules of evidence shall not be applicable
to the hearing, but the agency may exclude irrelevant, immaterial
or unduly repetitious evidence.
(5)
The municipal agency shall provide for the verbatim
recording of the proceedings by either stenographer, mechanical or
electronic means. The municipal agency shall furnish a transcript,
or duplicate recording in lieu thereof, on request to any interested
party at his expense. The transcript shall be certified in writing
by the transcriber to be accurate.
B.
Notice of hearing on application for development or adoption of master plan. Notice pursuant to Subsection B(1) and (2) below shall state the date, time and place of the hearing, the nature of the matters to be considered and, in the case of notices pursuant to Subsection B(1) below, an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the municipal tax assessor's office, and the location and times at which any maps and documents for which approval is sought are available pursuant to Subsection A(1) of this section.
(1)
Notice of application. Notice pursuant to Subsection B(1)(a), (b), (c), (d), (e), (f), (g) and (h) below shall be given by the applicant. The notice shall be given at least 10 days prior to the date of hearing.
(a)
Public notice of a hearing on an application for development shall be given, except for conventional site plan review, minor subdivisions, or final approval, provided that public notice shall be given in the event that relief is requested pursuant to Article VI of this chapter as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the Town's official newspaper of general circulation in the Town.
(b)
Notice.
[1]
Notice of hearing requiring public notice pursuant to Subsection B(1)(a) above shall be given to the owners of all real property as shown on the current tax duplicates, located in the state and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above it or below it; or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the property owner as shown on the current tax duplicate, or his agent in charge of the property, or mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate.
[2]
Notice to a partnership owner may be made by
service upon any partner. Notice to a corporate owner may be made
by service upon its president, a vice president, secretary or other
person authorized by appointment or by law to accept service on behalf
of the corporation. Notice to a condominium association, horizontal
property regime, community trust or homeowners' association, because
of its ownership of common elements or areas located within 200 feet
of the property which is the subject of the hearing, may be made in
the same manner as to a corporation without further notice to unit
owners, co-owners or homeowners on account of such common elements
or areas.
(c)
Upon the written request of an applicant, the Tax Assessor shall, within seven days, make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection B(1)(h) of this section. In addition, the administrative officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant Subsection B(1)(h) of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company, or local utility not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name, or $10, whichever is greater shall be charged for such list.
(d)
Notice of all hearings on applications for development
involving property located within 200 feet of an adjoining municipality
shall be given by personal service or certified mail to the Clerk
of such municipality.
(e)
Notice shall be given by personal service or
certified mail to the County Planning Board of any hearing on an application
for development of property adjacent to an existing county road or
proposed road shown on the official county map or on the county master
plan, adjoining other county land or situated within 200 feet of a
municipal boundary.
(f)
Notice shall be given by personal service or
certified mail to the Commissioner of Transportation of any hearing
on an application for development of property adjacent to a state
highway.
(g)
Notice shall be given by personal service or certified mail to the Director of the State and Regional Planning Division of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to § 300-7A(1).
(h)
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under this chapter requiring public notice pursuant to Subsection B(1)(a) of this section shall be given, in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which has registered with the municipality in accordance with Subsection B(1)(c) of this section by serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
(i)
The applicant shall file an affidavit of proof
of service with the municipal agency holding the hearing on the application
for development in the event that the applicant is required to give
notice pursuant to this subsection.
(2)
Notice concerning master plan. The Planning Board
shall give:
(a)
Public notice of a hearing on adoption, revision
or amendment of the master plan; such notice shall be given by publication
in the official newspaper of the municipality, if there be one, or
in a newspaper of general circulation in the municipality at least
10 days prior to the date of the hearing.
(b)
Notice by personal service or certified mail
to the Clerk of an adjoining municipality of all hearings on adoption,
revision or amendment of a master plan involving property situated
within 200 feet of such adjoining municipality at least 10 days prior
to the date of any such hearing.
(c)
Notice by personal service or certified mail
to the County Planning Board of all hearings on the adoption, revision
or amendment of the municipal master plan at least 10 days prior to
the date of the hearing; such notice shall include a copy of any such
proposed master plan, or any revision or amendment thereto; and the
adoption, revision or amendment of the master plan not more than 30
days after the date of such adoption, revision or amendment; such
notice shall include a copy of the Master Plan or revision or amendment
thereto.
C.
Decision.
(1)
The municipal agency shall include findings of fact
and conclusions based thereon in each decision on any application
for development and shall reduce the decision to writing. The municipal
agency shall provide the findings and conclusions through:
(a)
A resolution adopted at a meeting held within
the time period provided in the act for action by the municipal agency
on the application for development; or
(b)
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency who voted for the action taken may vote or a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to § 300-6A of this chapter (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorialization resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings, and publications required of Subsection C(2) and (3) of this section. If specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorney's fees, shall be assessed against the municipality.
(2)
A copy of the decision shall be mailed by the municipal
agency within 10 days of the date of decision to the applicant, or
if represented then to his attorney, without separate charge, and
to all who request a copy of the decision for a reasonable fee. A
copy of the decision shall also be filed by the municipal agency in
the office of the Town Clerk. The Town Clerk shall make a copy of
such filed decision available to any interested party for a reasonable
fee and available for public inspection at his office during reasonable
hours.
(3)
A brief notice of the decision shall be published
in the official newspaper of the municipality, if there be one, or
in a newspaper of general circulation in the municipality. Such publication
shall be arranged by the Town Clerk, provided that nothing in this
chapter shall be construed as preventing the applicant from arranging
such publication if he so desires. The municipality may make a reasonable
charge to the applicant for its publication. The period of time in
which an appeal of the decision may be made shall run from the first
publication of the decision, whether arranged by the municipality
or the applicant.
D.
Notice of hearing on ordinance or capital improvement
program; notice of action on capital improvement or official map.
(1)
Notice by personal service or certified mail shall
be made to the Clerk of an adjoining municipality of all hearings
on the adoption, revision or amendment of a development regulation
involving property situated within 200 feet of such adjoining municipality
at least 10 days prior to the date of any such hearing.
(2)
Notice by personal service or certified mail shall
be made to the County Planning Board of all hearings on the adoption,
revision or amendment of any development regulation at least 10 days
prior to the date of the hearing, and the adoption, revision or amendment
of the municipal capital improvement program or municipal official
map not more than 30 days after the date of such adoption, revision
or amendment. Any notice provided hereunder shall include a copy of
the proposed development regulation, the municipal official map or
the municipal capital program, or any proposed revision or amendment
thereto, as the case may be. Notice of hearings to be held pursuant
to this subsection shall state the date, time and place of the hearing
and the nature of the matters to be considered. Any notice by certified
mail pursuant to this subsection shall be deemed complete upon mailing.
E.
Filing of chapter. This chapter or any revision or
amendment thereto shall not take effect until a copy thereof has been
filed with the County Planning Board. An official map shall not take
effect until filed with the county recording officer. Copies of this
chapter and any revisions or amendments thereto shall be filed and
maintained in the office of the Town Clerk.
[Amended by Ord. No. 17-92]
Any interested party may appeal to the Board of Aldermen any final decision of the Planning Board approving any application for development pursuant to Article VI.
A.
Time of appeal. Any such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 300-7C(3). The appeal to the governing body shall be made by serving the Town Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and the name and address of his attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the Planning Board.
B.
Meeting date and notice. A meeting date shall be established by the governing body, and notice of the meeting to review the record below shall be given by the governing body by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 300-7C(3) and to the Planning Board at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the governing body shall provide for verbatim recording and transcripts of such meeting pursuant to § 300-7A(5).
C.
Time limit for decision.
(1)
(2)
The Board of Aldermen shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below pursuant to § 300-7C(3) unless the applicant consents in writing to an extension of such period. Failure of the Board of Aldermen to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the Planning Board.
D.
Decision. The Board of Aldermen may reverse, remand or affirm, with or without the imposition of conditions, the final decision of the Planning Board approving a variance pursuant to Article VI. The review shall be made on the record before the Planning Board. The affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse or remand to the Planning Board or to impose conditions on or alter conditions to any final action of the Planning Board. Otherwise the final action of the Planning Board shall be deemed to be affirmed. A tie vote of the governing body shall constitute affirmance of the decision of the Planning Board.
E.
Stay of proceedings. An appeal to the governing body
shall stay all proceedings in furtherance of the action in respect
to which the decision appealed from was made unless the Planning Board
certifies to the governing body, after the notice of appeal shall
have been filed with that Board, that by reasons of facts stated in
the certificate a stay would, in its opinion, cause imminent peril
to life or property. In such case, proceedings shall not be stayed
other than by an order of the Superior Court on application upon notice
to the Planning Board and on good cause shown.
F.
Notice of decision. The governing body shall mail
a copy of the decision to the appellant or if represented, then to
his attorney, without separate charge, and for a reasonable charge
to any interested party who has requested it, not later than 10 days
after the date of the decision. A brief notice of the decision shall
be published in the official newspaper of the municipality, if there
be one, or in a newspaper of general circulation in the municipality.
Such publication shall be arranged by the Town Clerk, provided that
nothing contained herein shall be construed as preventing the applicant
from arranging such publication if he so desires. The governing body
may make a reasonable charge for its publication. The period of time
in which an appeal to a Court of competent jurisdiction may be made
shall run from the first publication, whether arranged by the municipality
or the applicant.
G.
Court review. Nothing in this chapter shall be construed
to restrict the right of any party to obtain a review by any court
of competent jurisdiction according to law.
H.
Vote following absence. A member of the governing
body who was absent from one or more of the meetings at which a hearing
was held shall be eligible to vote on the matter upon which the hearing
was conducted notwithstanding his absence from one or more of the
meetings, provided that such member has available to him the transcript
or recording of all of the hearing from which he was absent and certifies
in writing to the governing body that he has read such transcript
or listened to such recording.
Any power expressly authorized by this chapter
to be exercised by the Planning Board shall not be exercised by any
other body, except as otherwise provided in this chapter.
In the event that, during the period of approval
heretofore or hereafter granted to an application for development,
the developer is barred or prevented, directly or indirectly, from
proceeding with the development otherwise permitted under such approval
by a legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health or welfare
and the developer is otherwise ready, willing and able to proceed
with said development, the running of the period of approval shall
be suspended for the period of time the legal action is pending or
such directive or order is in effect.
A.
In the event that a developer submits an application
for development proposing a development that is barred or prevented,
directly or indirectly, by a legal action instituted by any state
agency, political subdivision or other party to protect the public
health and welfare or by a directive or order issued by any state
agency, political subdivision or Court of competent jurisdiction to
protect the public health and welfare, the municipal agency shall
process such application for development in accordance with this act
and municipal development regulations, and, if such application for
development complies with municipal development regulations, the municipal
agency shall approve such application conditioned on removal of such
legal barrier to development.
B.
In the event that development proposed by an application
for development requires an approval by a governmental agency other
than the municipal agency, the municipal agency shall, in appropriate
instances, condition its approval upon the subsequent approval of
such governmental agency, provided that the municipality shall make
a decision on any application for development within the time period
provided in this act or within an extension of such period as has
been agreed to by the applicant unless the municipal agency is prevented
or relieved from so acting by the operation of law.
[Amended by Ord. No. 37-92; 9-20-2021 by Ord. No. 26-21]
A.
The developer shall, at the time of filing an application for development, pay the following nonrefundable fee or fees to the Town of Boonton, except as such fees, in specific instances, may be reduced or waived by the applicable Town's agency pursuant to § 300-5. Applications involving a combination of elements (e.g., subdivision and site plan and/or variances) shall pay a fee equal to the sum of the fees for each element. In addition, other specific fees shall be paid at the time the particular service is provided. Notwithstanding the foregoing, charitable, philanthropic, fraternal and religious nonprofit organizations holding a tax exempt status under the Federal Internal Revenue Code of 1954 [26 U.S.C. § 501(c) or (d)] shall be exempt from the payment of any application fee and may be exempt from the payment of any other fee under this chapter pursuant to § 300-5. Further, a board of education shall be exempt from the payment of any fee under this chapter.
|
Submission/Application
|
Application Fee
|
Initial Escrow Deposit
|
|---|---|---|
|
Subdivision
| ||
|
Minor concept plan
|
$150
|
$1,000
|
|
Minor, simple lot line change
|
$200
|
$1,500
|
|
Minor, other
|
$500
|
$2,000
|
|
Amendment to approved minor
|
$200
|
$1,500
|
|
Major sketch plat
|
$250
|
$1,500
|
|
Major preliminary plat
|
$1,000 plus $125 per lot
|
$2,000
|
|
Major final plat
|
$750 plus $50 per lot
|
$2,000
|
|
Amendment to approved prelim
|
$250 plus $50 per lot
|
$1,500
|
|
Amendment to approved final
|
$125 plus $25 per lot
|
$1,500
|
|
Site plans
| ||
|
Expedited waiver site plan (EWSP)
|
$200
|
$750
|
|
Concept plan
|
$150
|
$1,000
|
|
Minor
|
$500
|
$1,000
|
|
Preliminary; conventional
|
$500 plus $10 per square foot of lot area plus $10 per square
foot of floor area
|
$2,000
|
|
Preliminary; multifamily
|
$500 plus $100 per dwelling unit
|
$2,000
|
|
Amendment to previously approved preliminary site
plan
|
$500
|
$1,500
|
|
Final site plan
|
50% of prelim fee
|
$500
|
|
Prelim and final combined
|
125% of prelim fee
|
$2,000
|
|
Amendment to previously approved final site plan
|
50% of prelim fee
|
$1,000
|
|
Variances and appeals pursuant to:
| ||
|
N.J.S.A. 40:55D-70a
|
$250
|
$500
|
|
N.J.S.A. 40:55D-70b
|
$250
|
$500
|
|
N.J.S.A. 40:55D-70c
|
$300
|
$600
|
|
Each additional N.J.S.A. 40:55D-70c
|
$50
|
$75
|
|
N.J.S.A. 40:55D-70d
|
$750
|
$1,000
|
|
N.J.S.A. 40:55D-17
|
$250
|
$500
|
|
N.J.S.A. 40:55D-34
|
$250
|
$500
|
|
N.J.S.A. 40:55D-35
|
$250
|
$500
|
|
N.J.S.A. 40:55D-36
|
$250
|
$500
|
|
N.J.S.A. 40:55D-67
|
$500 plus site plan fee
|
$500 plus site plan escrow deposit
|
|
N.J.S.A. 40:55D-68
|
$500
|
$500
|
|
Rezoning
|
$500
|
$1,000
|
|
Publication by Town in official newspaper when applicable
| ||
|
Publication of hearing notice or re-notice
|
$20
| |
|
Publication of decision
|
$20
| |
|
Publication of decision on an appeal
|
$20
| |
|
Special meeting at applicant's request
|
$500
| |
|
Cancellation or postponement of special hearing at applicant's
request less than 3 working days prior to hearing
| ||
|
Conditional use
|
$500
| |
|
Preliminary lot grading plan
|
$200
| |
|
As-built lot grading plan
|
$150
|
B.
Site plan. For purposes of determining the site plan fee, if only
a portion of a property is to be developed and the property can be
further subdivided under the requirements of this chapter, the lot
area shall be construed to be an area which can be subdivided under
the requirements of this chapter wherein all proposed buildings and
improvements would meet all required setback and yard requirements.
When a site plan for a new building or structure or addition thereto
does not involve off-street parking, traffic circulation or drainage
facilities, the site plan filing fee as it pertains to lot area shall
apply only to the ground floor area of the building or structure.
[Amended by Ord. No. 17-92; Ord. No. 37-92; Ord. No. 35-95; 9-20-2021 by Ord. No. 26-21]
A.
Components of technical review fee. Each applicant shall pay to the Town of Boonton a technical review fee required by § 300-12A in connection with each application for development, each application for amendment to or extension of any development approval, any request for a zone change or recommendation of a zone change, any request for amendment of the Master Plan, any request for concept review of a development proposal, and/or any other matter. The technical review fee shall be equal to the sum of the following two components:
(1)
The dollar amount of all charges by outside professionals (as defined
herein) for professional services rendered to the Town and/or the
reviewing board in connection with the application, plus all actual
out-of-pocket disbursements incurred in regard to such services. All
charges for services by each outside professional shall be billed
at the same rate as all other work of the same nature performed by
such professional for the Town when fees are not reimbursed or otherwise
imposed on an applicant. Charges for professional services of outside
professionals retained by the board shall be based upon a schedule
of fees established by resolution, of the Town governing body. Such
schedules shall be subject to revision from time to time in the discretion
of the Town governing body.
(2)
The dollar amount of the hourly base salary of each in-house professional
(as defined herein) who has rendered professional services to the
Town and/or the reviewing board in connection with the application,
multiplied by: 1) the total number of hours of professional services
spent by each in-house professional in connection with the application;
and 2) 200% as provided under N.J.S.A. 40:55D-53.2a. The hourly base
salary of each in-house professional shall be established by ordinance
annually.
B.
IN-HOUSE PROFESSIONAL
OUTSIDE PROFESSIONALS
PROFESSIONAL SERVICES
REVIEWING BOARD
Definitions. As used in this section, the following terms have the
meanings indicated:
Engineers, planners, attorneys and other professionals, including,
but not limited to, the Town Zoning Officer, Construction Official,
other municipal Code Enforcement officials and application referral
agencies (i.e., police, fire prevention, health, environmental commission,
zoning review official, landscape advisors) whose salary, staff and
overhead are provided by the Town of Boonton.
Engineers, planners, attorneys and other professionals whose
salary, staff support and overhead are not provided by the Town of
Boonton. "Outside professionals" shall include, without limitation,
consultants and other professionals who are not normally utilized
by the Town or the reviewing board or who are required when an application
presents issues which are beyond the scope of the expertise or customary
duties of the professionals who normally serve the reviewing board
of the Town.
Time spent by a professional engineer, professional planner,
attorney, traffic expert or other professional in connection with
review of an application and/or review and preparation of documents
in regard to such application. In appropriate cases, such services
shall include, without limitation, review of plans, reports, relevant
ordinance provisions, statutory law, case law and prior approvals
for the same parcel; site inspections; and preparation of resolutions,
developer's agreements and other documents.
The Boonton Planning Board.
C.
Limitations on scope of charges for professional services.
(1)
All charges for professional services shall be reasonable and necessary
given the status and progress of the application. Such charges shall
be made only in connection with:
(2)
A professional shall not review items which are subject to approval
by a state governmental agency and which are not under municipal jurisdiction,
except to the extent that consultation with a state agency is necessary
due to the effect of a state approval on the applicant's application.
(3)
If the Town or the reviewing board shall retain a different professional
in place of the professional originally responsible for review of
an application, the Town or the reviewing board, as the case may be,
shall be responsible for all time and expenses of the new professional
to become familiar with the application. Neither the Town nor the
reviewing board shall charge the applicant or the applicant's technical
review fee deposit for such services.
(4)
Neither the Town nor the reviewing board shall bill an applicant, or charge the applicant's technical review fee deposit, for overhead expense, meeting room charges or other municipal costs and expenses, except as provided for in § 300-12, nor shall any professional add any such charges to his or her bill.
D.
Payment of technical review fee deposits.
(1)
Prior to determination of application completeness, each applicant
shall deposit the following initial technical review deposit for the
professional review of an application for development pursuant to
N.J.S.A. 40:55D-53.2a. In no event, however, shall such an initial
deposit exceed $10,000. The Administrative Officer may waive the initial
deposit for a minor site plan on the recommendation of the Board.
(2)
If at any time the technical review deposit balance falls below $500
or is insufficient to enable the Town or the reviewing board to perform
required application reviews, the secretary of the respective board,
or his/her designee, or the Town's Chief Financial Officer shall notify
the applicant (this notice is referred to herein as an "insufficiency
notice") of both the insufficient deposit balance and the amount of
additional funds required, in the judgment of the secretary of the
respective board, or his/her designee, or the Chief Financial Officer,
to cure the insufficiency. The Town reviewing board and all professionals
may stop all application review and/or have the right to dismiss the
application for development without prejudice until the required additional
funds are deposited. In order for work to continue on the application,
the applicant shall, within a reasonable time period, post additional
funds to the escrow account in an amount to be agreed upon by the
secretary of the respective board, or his/her designee, or the Town
(acting through its Chief Financial Officer) and the applicant.
(3)
The determination of insufficiency shall be made by the secretary
of the respective board, or his/her designee, or the Chief Financial
Officer in his or her reasonable discretion. Furthermore, as used
herein, a "reasonable time period" for the posting of additional funds
to the escrow account shall be no longer than 15 days after the date
of the secretary of the respective board, or his/her designee, or
the Chief Financial Officer's insufficiency notice. The applicant
shall be deemed to agree to the terms of the insufficiency notice
unless, within 15 days after the date of such notice, the applicant
shall deliver to the secretary of the respective board, or his/her
designee, or the Chief Financial Officer a written notice of objection.
(4)
If the applicant timely files such an objection, the applicant shall
have the right to pay the amount requested under protest and the right
to challenge same in the Superior Court, Law Division, in an action
in lieu of prerogative writs filed within 45 days after the applicant's
receipt of the secretary of the respective board, or his/her designee,
or the Chief Financial Officer's final accounting with respect to
the applicant's technical review fee deposit.
(5)
The reviewing board shall take no formal action and the application shall be deemed incomplete unless all application fees and technical review fee deposits (pursuant to § 300-12A) have been paid. If the applicant fails to timely pay (under protest or otherwise) the amount requested, the Town, the reviewing board and all professionals shall have the right to cease all further work on the application immediately, and the reviewing board shall have the right to dismiss without prejudice any pending application because of the applicant's failure to post additional technical review fees needed for the proper review of such application. In no event shall any approved plans be signed or delivered to the applicant, nor shall any construction permits, certificates of occupancy or other approvals or authorizations be issued to an applicant when there are any deficiencies in the applicant's technical review fee deposit.
E.
Custody of deposits; procedure for payments against deposits; submission
of vouchers; monthly statements.
(1)
All technical review fee deposits shall be placed into an escrow
account, which account shall be maintained by the Chief Financial
Officer of the Town of Boonton. The Chief Financial Officer shall
make all payments from the escrow account.
(2)
All payments charged to an applicant's technical review fee deposit
shall be pursuant to vouchers from the professionals performing professional
services in connection with the application. All vouchers shall identify
the professional performing the services, the dates when services
were performed, the hourly rate and the expenses incurred.
(3)
All outside professionals shall submit vouchers to the secretary
of the respective board, or his/her designee, or the Chief Financial
Officer on a monthly basis. A copy of the voucher shall be sent to
the applicant simultaneously. All in-house professionals shall submit
to the secretary of the respective board, or his/her designee, or
the Chief Financial Officer on a monthly basis a statement containing
the same information as the voucher of an outside professional. A
copy of the statement shall be sent to the applicant simultaneously.
(4)
The board clerk or Chief Financial Officer shall prepare, and send
to the applicant on a monthly basis a statement providing an accounting
of the applicant's technical review fee deposits. The accounting shall
include all deposits made, interest earned, disbursements made and
cumulative deposit balance. Notwithstanding the foregoing, if monthly
charges to an applicant's deposits are $500 or less, such statement
may be provided by the board clerk or Chief Financial Officer on a
quarterly basis.
F.
Deposits with the Town; escrow accounts; interest.
(1)
The technical review fee shall be deposited by an applicant with
the Town, and such money until repaid or applied for the purpose for
which it was deposited, including the applicant's portion of any interest
earned thereon, shall continue to be the property of the applicant
and shall be held in trust by the Town, except as otherwise provided
for in this subsection.
(2)
Whenever the technical review fee deposit is in excess of $5,000,
the Town shall deposit such money in a banking institution or savings-and-loan
association located in the State of New Jersey and insured by an agency
of the federal government or in any other funding or depository approved
for such deposits by the State of New Jersey. Such moneys shall be
maintained in an account bearing interest at the minimum rate currently
paid by such institution or depository on time or savings deposits.
Lesser technical review fee deposits may be deposited into interest-bearing
accounts at the discretion of the Chief Financial Officer.
(3)
The Town shall notify the applicant, in writing, of the name and
address of the institution or depository in which such deposit is
made and the amount of the deposit. The Town shall not be required
to refund an amount of interest paid on a deposit which does not exceed
$100 for the year. If the applicant's cumulative technical review
fee deposit exceeds $5,000, and the amount of interest exceeds $100
for any year, then that entire amount shall belong to the applicant
and shall be refunded to the applicant by the Town annually, or at
the time the deposit is repaid or applied to the purposes for which
it was deposited, as the case may be. Notwithstanding anything to
the contrary above, the Town may retain for administrative expenses
a sum equal to 33 1/3% of the annual interest earned by such
deposit. The amount so retained shall be in lieu of all other administrative
and custodial expenses charged by the Town in connection with the
deposit.
G.
Final accounting; return of unused balance of deposit. After the
reviewing board has granted final approval and signed the approved
subdivision plat or site plan, or otherwise taken final action on
the application, the applicant shall provide written notice of the
same, by certified mail, return receipt requested, or by personal
delivery, to the Chief Financial Officer, the reviewing board and
all professionals who have rendered services in connection with the
application. Within 30 days after receipt of such notice, each professional
shall submit a final bill (or statement in lieu of bill in the case
of in-house professionals) to the Chief Financial Officer with a copy
to the applicant. The Chief Financial Officer shall render to the
applicant a final accounting within 45 days after receipt of all bills
and/or statements. The Chief Financial Officer shall return to the
applicant with the final accounting any unused balance of the deposit,
including any interest earned thereon less the amount retained for
administrative expenses.
[Added by Ord. No. 37-92; amended by Ord. No. 12-93; Ord. No. 35-93]
The administration of technical review escrow
deposits shall be in accordance with the provisions of Section 13
of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.2), as amended.
