Township of Burlington, NJ Article VI Fee and Escrow Schedule

§ 330-27 Generally.

A. This section of the chapter includes all fees and escrow sums required in connection with any application under this chapter. The escrow sums are designed to pay the cost of professional review by the engineer, solicitor or other professionals utilized by the reviewing agency to review and make recommendations on an applicant's application for development. At the time of submitting his application and plans to the Administrative Officer, the applicant shall be required to execute an escrow agreement between the applicant and the reviewing agency to cover the cost of technical and professional review of the application for development. Said escrow agreement shall be in the form approved by the Township of Burlington. The escrow agreement shall provide that the applicant pay all necessary and reasonable costs, as permitted by N.J.S.A. 40:55D-53.2, incurred by the technical and professional staff utilized by the reviewing agency for review of the applicant's application for development. The sums specified below are estimates which shall be posted prior to consideration by the reviewing agency or its staff of that stage of the applicant's review process indicated. In the event that more than the sums specified below are required to pay the reasonable costs, as permitted by N.J.S.A. 40:55D-53.2, incurred, the applicant shall, prior to being permitted to take the next step in the approval procedure or in any element of his project, pay all additional sums required. In the event that the escrow sums posted are more than those required, the excess funds shall be returned to the applicant within 14 days of the issuance of an occupancy permit for any element of the project. Prior to the issuance of an occupancy permit for any element of the project seeking approval under this chapter, the Administrative Officer shall determine from the professional staff employed by the reviewing agency in the review of the applicant's application for development whether there are any additional sums required to be paid from the escrow fund established. In the event that there are, the Administrative Officer shall so notify the Township Treasurer of the amounts to be held in that account. The Administrative Officer shall determine the position of all escrow accounts, and where additional funds are required, it shall be the obligation of the Administrative Officer to so notify the applicant of the amounts needed and to properly make all payments required to be made under this section of the chapter. In addition to these terms, the escrow agreement may require any other additional terms which are agreed to by the applicant and the reviewing agency. The schedule of fees and escrow sums shall be established by resolution and shall be posted in the office of the Administrative Officer and such other place or places as the reviewing agency shall direct.

B. Responsibility of property owner. In the event that the applicant does not satisfy all of the fees and payments required under this section of the chapter, the owner of the property which is the subject of the applicant's application shall ensure that these funds are paid. In the event of a delinquency in these payments and/or the escrow account of the applicant, the Administrative Officer shall notify the owner of the property to pay the funds to the Township necessary to satisfy the delinquency in the payments and/or escrow account of the applicant. In the event that the property owner shall fail to satisfy this delinquency, the amount of the delinquency shall be certified by the Administrative Officer to the Tax Collector of the Township of Burlington, and the said delinquency shall forthwith become a lien upon the property which is the subject of the application and shall be added and become part of the taxes next to be assessed and levied upon such lands and premises, the same to bear interest at the same rate as other taxes, and shall be collected and enforced by the same officers in the same manner as taxes.

§ 330-28 Schedule of fees and escrow sums.

A. Review of fees.

[Amended 7-13-2010 by Ord. No. 10-OR-017]

(1) A resident seeking guidance on a land use matter affecting his or her personal residence shall pay a fee of $100 for review by the Joint Staff Committee on Land Development Applications.

(2) The fee for a developer for review by the Joint Staff Committee on Land Development Applications shall be $300.

B. Minor subdivision.

[Amended 8-9-2011 by Ord. No. 11-OR-018]

(1) Application fee: $150.

(2) Escrow fee: $750 per lot, with minimum $2,000.

C. Minor site plan.

[Amended 11-9-2010 by Ord. No. 10-OR-028; 8-9-2011 by Ord. No. 11-OR-018]

(1) Application fee: $150.

(2) Escrow fee: $2,000.

D. Preliminary major subdivision.

[Amended 8-9-2011 by Ord. No. 11-OR-018]

(1) Application fee: $300.

(2) Escrow fee: $250 per unit or acre, whichever is greater, with a minimum of $2,500.

E. Preliminary major site plan.

[Amended 11-9-2010 by Ord. No. 10-OR-028; 8-9-2011 by Ord. No. 11-OR-018]

(1) Application fee: $300.

(2) Escrow fee: $450 per acre, with $3,000 minimum.

F. Final major subdivision.

[Amended 8-9-2011 by Ord. No. 11-OR-018]

(1) Application fee: $200.

(2) Escrow fee: $150 per unit or acre, whichever is greater, with a minimum of $1,500.

G. Final major site plan.

[Amended 8-9-2011 by Ord. No. 11-OR-018]

(1) Application fee: $200.

(2) Escrow fee: $250 per acre, with a minimum of $2,500.

H. Request for extension of preliminary or final site plan or subdivision approvals.

(1) Application fee: $100.

(2) Escrow fee: $250.

I. Request for reapproval of site plan or subdivision.

(1) Application fee: 50% of original fee.

(2) Escrow fee: 50% of original fee.

J. Use variance.

[Amended 8-9-2011 by Ord. No. 11-OR-018]

		Filing Fee	Escrow Fee
	Residential	$75, 1st through 10th residential unit $50, each additional residential unit over 10 units	$200, each residential unit, minimum $1,500
	Business	$350	$500, 1st acre, $200, each additional acre, minimum $1,500
	Industrial	$350	$500, 1st acre, $200, each additional acre, minimum $1,500

K. Bulk variance.

[Amended 8-9-2011 by Ord. No. 11-OR-018]

		Filing Fee	Escrow Fee
	Residential	$70	$300
	Business	$200	$500
	Industrial	$200	$500

L. Appeals.

(1) Application fee: $150.

(2) Escrow fee: $300.

M. Performance escrow.

(1) Five percent of the cost of improvements as calculated by reviewing board's engineer.

(2) The above shall be posted prior to construction of an on- or off-site improvement.

N. Revised site plan or subdivision.

(1) Applicant will be required for each refiling of plans not requiring a new application to post an additional sum equal to 1/4 of the escrow fee normally established for the proposal as set forth above.

(2) The application fee for the refiling of plans required for site plans or subdivision applications shall be $125.

[Added 3-28-2006 by Ord. No. 06-OR-007]

O. Conditional use.

[Amended 8-9-2011 by Ord. No. 11-OR-018]

(1) Application fee: $150.

(2) Escrow fee: $300 per acre, with $1,000 minimum.

P. Rezoning.

(1) Application fee: $100.

(2) Escrow fee: in accordance with escrow fees for use variance per Subsection J.

Q. Professional review fees. Professional review fees shall be established annually by resolution, which amount shall be in conformity with the provisions of N.J.S.A. 40:55D-53.2a.

R. Administration of professional review fees.

(1) The applicant shall be obligated to reimburse the Township for all reasonable professional review fees and costs, which fees and costs are set forth in N.J.S.A. 40:55D-53.2, that would be required for the inspection of both on-tract as well as off-tract improvements. Application and escrow fees for professional review are set forth above. For all applications, the Township may require deposits for inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of the improvements, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4. For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the applicant, be paid in two installments. The initial amount deposited by an applicant shall be 50% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the applicant has been reduced by the amount paid to the professionals for their inspection and review, the applicant shall deposit the remaining 50% of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the applicant, be paid in four installments. The initial amount deposited by an application shall be 25% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the applicant has been reduced by the amount paid to the professionals for inspection and review, the applicant shall make additional deposits of 25% of the reasonably anticipated fees. The Township Engineer shall not perform any inspection and the Township/land use attorneys shall not conduct any review if sufficient funds to pay for those inspections/reviews are not on deposit.

(2) As a condition of approval for an application for development, the applicant shall be required to promptly pay all professional review fees billed in excess of the required application escrows and in no event later than 30 days from the date of receipt of a final voucher from the Township. This condition of approval shall be binding upon the applicant, the owner and any successors and/or assigns of either.

S. Notice of decision. An applicant shall be required to pay a fee of $30 for the publication of any decision rendered by the reviewing board for each application.

[Amended 8-9-2011 by Ord. No. 11-OR-018]

T. Escrow charges and payments.

(1) 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 for each date the service is performed, the hours spent to one-fourth-hour increments, the hourly rate and the expenses incurred.

(2) All professionals shall submit vouchers to the Chief Financial Officer of the municipality on a monthly basis in accordance with schedules and procedures established by the Chief Financial Officer of the municipality.

(3) If the services are provided by a municipal employee, the municipal employee shall prepare and submit to the Chief Financial Officer of the municipality a statement containing the same information as required, on a voucher, on a monthly basis.

(4) The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the municipality simultaneously to the applicant. The Chief Financial Officer of the municipality shall prepare and send to 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.

(5) 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.

(6) If an escrow account or deposit contains insufficient funds to enable the municipality or approving authority to perform required application reviews or improvement inspections the Chief Financial Officer of the municipality shall provide the applicant with a notice of the insufficient escrow or deposit balance.

(7) In order for work to continue on the development or the application, the applicant shall, within 14 days of the notice of the insufficient escrow or deposit balance, post a deposit to the account in an amount to be agreed upon by the municipality 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.

U. Close-out procedures.

(1) The following close-out procedure shall apply to all deposits and escrow accounts established under the provisions of P.L. 1975, c. 291 (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 as provided in Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53), in the case of improvement inspection escrows and deposits.

(2) The applicant shall send written notice by certified mail to the Chief Financial Officer of the municipality and the approving authority and to the relevant municipal professional that the application or the improvements, as the case may be, are completed.

(3) After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the municipality within 30 days and shall send a copy simultaneously to the applicant.

(4) The Chief Financial Officer of the municipality 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.

(5) Any balances remaining in the deposit or escrow account, including interest in accordance with Section 1 of P.L. 1985, c. 315 (N.J.S.A. 40:55D-53.1), shall be refunded to the developer along with the final accounting.

V. Escrow for maintenance of open spaces and improvements.

(1) Responsibilities. The applicant shall be responsible for the maintenance of all open space and improvements required to be installed as part of the development project prior to its dedication and acceptance by the Township. By way of example, this maintenance would include but not be limited to grass cutting, snowplowing, road repairs, etc.

(2) Escrow posting. Upon approval of the development application by the reviewing board, the applicant shall be required to post funds with the Township in an amount not to exceed the sum of $5,000, which shall be held to ensure the proper maintenance of any open space or improvements which are to be dedicated to the Township. In the event the applicant fails to perform the work required to properly maintain the open space/improvements, the Township shall have the right to draw upon the escrow account for payment of any expenses attendant upon the work required for this maintenance.

(3) Submission of bills to applicant. Upon payment of the maintenance expenses from the escrow account, the applicant shall receive a detailed statement of the services rendered and costs expended in connection with the maintenance work that was done and paid for from the escrow account.

(4) Insufficient funds. If the escrow account contains insufficient funds to enable the Township to perform the required maintenance work for the open space/improvements that have yet to be dedicated to the Township, the Administrative Officer of the Township shall provide the applicant with a notice of the insufficient escrow balance. In order for work to continue on the development or the application, the applicant shall, within 14 days of the notice of the insufficient escrow balance, post a deposit to the account in an amount to be determined by the Township. In the interim, any required health and safety maintenance work that is required shall be performed and charged back against the replenishment of the escrow funds.

W. Dispute and appeal procedures.

(1) 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 service rendered to the municipality in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.)

(2) The governing body or its designee shall, within a reasonable time period, attempt to remediate any disputed charges.

(3) If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals established under Section 9 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-127) any charge to an escrow account or a deposit by any municipal professional or consultant or the cost of the installation of improvements estimated by the Municipal Engineer, pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).

(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 municipality, approving authority, and any professional whose charge is the subject of the appeal.

(5) An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by Subsection C of Section 13 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.2), 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 municipal statement of activity against the deposit or escrow account required by Subsection C of Section 13 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.2).

[Amended 9-23-2008 by Ord. No. 08-OR-025]

(6) 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.

(7) The County Construction Board of Appeals shall hear the appeal, render a decision thereon, and file its decision with a statement of the reasons therefor with the municipality or approving authority not later than 10 business days following the submission of the appeal, unless such period of time has been extended with the consent of the applicant.

(8) The decision may approve, disapprove or modify the professional charges appealed from. A copy of the decision shall be forwarded by certified or registered mail to the party making the appeal, the municipality, the approving authority, and the professional involved in the appeal.

(9) Failure by the Board to hear an appeal and render and file a decision thereon within the time limits prescribed in this subsection shall be deemed a denial of the appeal for purposes of a complaint, application, or appeal to a court of competent jurisdiction.

§ 330-29 Rules of construction.

A. Cumulative sum. Where an applicant submits an application involving a combination of approvals, i.e., subdivision application submitted together with a variance request, fees and escrow sums provided in § 330-28 for each category of approval sought shall be posted. Therefore, fees and escrow sums under this section shall be cumulative in nature.

[Amended 9-23-2008 by Ord. No. 08-OR-025]

B. Waiver. The reviewing board shall have the power, in appropriate cases, to compromise or waive the escrow sums required in § 330-28 of this chapter where an applicant shall present to the reviewing board sufficient proof that the cost incurred by the Township would not necessitate posting of the specified sums.

C. Effective date. Notwithstanding anything to the contrary, the effective date of the revisions to the chapters which have been modified in accordance with Chapter 54, P.L. 1995 shall be September 17, 1995.