[Amended 11-19-1990 by Ord. No. 14-1990; 5-4-1995 by Ord. No. 4-1995]
An appeal to the Planning Board may be taken by any interested party affected by any decision of an administrative officer of the municipality based upon or made in the enforcement of the Zoning Ordinance or Official Map. Such appeal shall be taken within 20 days of the decision of the administrative officer by filing a notice of appeal in the manner set forth in this chapter and in accordance with the provisions of N.J.S.A. 40:55D-72 and other applicable provisions of the Municipal Land Use Law. The fee shall be as set forth in Ch. A287, Fees. Each applicant shall file six copies of an application for appeal.
[Amended 5-4-1995 by Ord. No. 4-1995]
An appeal from any decision of the Planning
Board granting a use variance pursuant to the provisions of N.J.S.A.
40:55D-17d may be taken to the governing body, provided that such
appeal shall be made within 10 days of the date of publication of
such final decision of the Planning Board.
All applications for development filed prior
to the effective date of this chapter may be continued, but any appeal
arising out of decisions made on any such applications shall be governed
by the provisions of this chapter.
[Added 7-18-1994 by Ord. No. 5-1994]
A.
Planning Board fees.
[Amended 5-4-1995 by Ord. No. 4-1995]
(1)
Base application fees.
(a)
Base application fees shall be payable to the Township of Byram for applications to the Planning Board as hereinafter provided. Such payment shall be made to the administrative officer with whom the application for development or other application is filed at the time of filing of such application. The fees shall be as set forth in Chapter A287, Fees.
[Amended 2-4-2008 by Ord. No. 2-2008]
(b)
In the event that an application for development
shall make simultaneous application for the grant of more than one
variance or shall make simultaneous application for more than one
of the modes of relief above stated, and provided that such application
shall not request different modes of relief in the alternative but
shall request such relief concurrently, the applicant shall pay the
greater or greatest of the fees indicated for the variances in question
only (e.g.: Where a "d" variance and associated "c" variances are
requested, only the fee for the "d" variance shall be charged. Where
multiple "c" variances are requested, the charge shall be for one
"c" variance.).
(c)
In the event that an applicant shall not concur
with the administrative officer as to whether the subject matter of
an application is residential, commercial or industrial or shall not
concur with the administrative officer as to whether the application
for development makes simultaneous application for the grant of more
than one variance or simultaneous application for more than one concurrent
mode of relief as above stated, the applicant shall deposit fees in
the amount as initially determined by the administrative officer,
but the final determination of the characterization of the subject
matter of such application and the number of variances or modes of
concurrent relief required shall be as determined by the Board at
the outset of the first hearing, whereupon any indicated or appropriate
adjustment in the fees theretofore deposited shall be promptly made.
(2)
(Reserved)
(3)
Certified list of adjacent property owners. The fee for preparation of a certified list of adjacent property owners, prepared pursuant to N.J.S.A. 40:55D-12c, shall be as set forth in Chapter A287, Fees.
[Amended 2-4-2008 by Ord. No. 2-2008]
(4)
In addition to the base application fees set forth
above, the applicant shall also pay to the Township of Byram for application
to the Planning Board a review fee escrow deposit as hereinafter provided.
Such payment shall be made to the administrative officer with whom
the application for development or other application is filed at the
time of filing of such application.
(a)
The initial deposit to be paid by an applicant for said review fee escrow deposit for reviews under N.J.S.A. 40:55D-70a, 40:55D-70b, 40:55D-70c, 40:55D-36 and 40:55D-76 and for review of applications pursuant to N.J.S.A. 40:55D-70d shall be as set forth in Chapter A287, Fees.
[Amended 9-16-1996 by Ord. No. 6-1996; 5-2-2005 by Ord. No. 5-2005; 2-4-2008 by Ord. No. 2-2008]
(b)
Review fees shall be deposited to a review fee
trust account identified with the name of the applicant and the filing
or docket number of the application for development.
(c)
The review fee escrow deposit shall be from
time to time applied to defray the actual reasonable and necessary
expenses incurred by the Township of Byram in connection with the
processing of such application for development, including but not
limited to such actual reasonable and necessary expenses incurred
by the Township of Byram for review and/or processing of the application
for development by the Township Engineer, planning consultant, Board
and/or Township Attorney and any other professionals or experts retained
by the Planning Board in connection with its review and action on
such application; and all reasonable and necessary costs actually
incurred by the Planning Board and Township in connection with the
review and/or processing of such application by the Township Engineer,
planning consultant, Board and/or Township Attorney or other professionals
or experts retained by the Board or Township shall be charged against
and disbursed from the aforesaid review fee trust account, as hereinafter
provided. 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 for review
of applications for development, preparation of documents and inspection
of improvements, for advice to ensure an application complies with
the standards set forth in this chapter and other experts whose testimony
is in an area testified to by any of the applicant’s experts
or other purposes under the provisions of the New Jersey Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq. “Professional personnel”
shall include personnel retained by the Township pursuant to a professional
services contract, as well as Township employees (i.e., personnel
whose salary, staff support and overhead are provided by the Township).
If the professional services are provided by a Township employee,
the charge shall not exceed 200% of the sum of the products resulting
from multiplying (1) the hourly base salary, which is established
annually by ordinance, of each of the professionals by (2) the number
of hours spent by the respective professionals upon review of the
application or inspection of the developer’s improvements.
[Amended 10-6-2008 by Ord. No. 18-2008]
(d)
The Township Engineer, planning consultant,
Board Attorney and any other professionals or experts retained by
the Planning Board or Township in connection with its review and action
on such application shall submit vouchers to the Planning Board or
Township for all actual reasonable and necessary fees and expenses
incurred in reviewing such application and the subject matter thereof
and in submitting reports or rendering professional services in connection
therewith. All such vouchers for any such services shall be prepared
in the same manner as vouchers for similar services rendered to the
Board or Township, and the fees and rates charged for similar such
services to the Board or Township. Upon receipt of such vouchers,
the same shall be reviewed by the Planning Board or Township Council,
and the Board or Council shall determine whether or not such fees
and charges represent the actual reasonable and necessary charges,
fees and expenses which have been incurred in connection with the
review and processing of such application. The administrative officer
shall not make disbursement from such review fee trust account unless
and until the Planning Board or Township Council has affirmatively
approved such vouchers for payment.
[Amended 10-6-2008 by Ord. No. 18-2008]
(e)
Any unused portion of said review fee trust
account shall be refunded to the applicant as soon as practicable
after final action of the Planning Board with respect to such application
for development, with interest at the municipal rate.
(f)
In the event that the cost of such nonprofessional
review and processing services shall at any time exceed the amount
remaining in the review fee trust account, the applicant shall deposit
a supplemental review fee escrow deposit in such amount as is determined
by the Board to be sufficient to cover any deficit in such account.
(g)
No final action on an application for development
shall be taken until all review and processing fees in connection
with such application have been paid in full. Every resolution of
memorialization adopted by the Planning Board pursuant to N.J.S.A.
40:55D-10g shall be expressly conditioned upon the applicant's making
payment in full of all sums due or to grow due on account of such
review fee trust account within 20 days of the date of being billed
therefor by the administrative officer, in default of which the Planning
Board may thereupon or at any time thereafter declare such resolution
of memorialization and any relief granted pursuant thereto to be null,
void and of no further effect.
(5)
If requested by the applicant, in writing, special meetings of the Planning Board may be held in the Byram Township Municipal Building or at such other place within the Township as may be fixed by the Board upon such date and at such hour as may be determined by the Board upon the payment of a special meeting fee as set forth in Chapter A287, Fees, which fee shall accompany the request for such special meeting. Such special meeting fee shall be in addition to such base application fee or supplemental base application fee and review fee escrow deposit which may be otherwise applicable. The applicant will also be obliged to indemnify and reimburse the Board from its review fee trust account for the cost of publication of any required special notice and any other reasonable costs which may be incurred by the Board with respect to such special meeting, including the attendance fees for any required staff professionals or consultants. Whether or not a special meeting shall be held at the request of an applicant shall be within the sole discretion of the Board.
[Amended 2-4-2008 by Ord. No. 2-2008]
(6)
Any board, agency, committee or entity of the Township
of Byram may make application to the Planning Board without the requirement
for making payment of any of the fees hereinabove provided. Notwithstanding
any other provision of this chapter to the contrary, the Planning
Board may waive any base application fees or supplemental base application
fees or portions thereof as hereinabove provided for nonprofit organizations
and other organizations, persons or entities where it is deemed to
be in the best interests of the Township of Byram; provided, however,
that the Planning Board shall not be empowered to waive the making
of a review fee escrow deposit absent the concurrence of the Township
Council, which concurrence shall be expressed in a formal resolution
of the Township Council adopted by 2/3 of the full membership thereof.
