[HISTORY: Adopted by the Municipal Council
of the City of Clifton 1-21-1997 by Ord. No. 5859-97. Amendments noted
where applicable.]
A.
The Chief Financial Officer of the City of Clifton
shall make all of the payments to professionals for services rendered
to the City of Clifton 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.
B.
The professional's fees or charges shall be based
upon a schedule established by resolution of the Municipal Council
of the City of Clifton. The application and inspection charges shall
be limited to:
(1)
Professional charges for review of applications, review
and preparation of documents and inspections of developments under
construction; and
(2)
Review by outside consultants when an application
is of a nature beyond the scope of the expertise of the professionals
normally utilized by the City of Clifton.
C.
The only costs that shall be added to the aforementioned
charges are the professional's actual out-of-pocket expenses.
D.
The City of Clifton shall not bill the applicant or
charge any escrow account or deposit for any municipal, clerical or
administrative functions, overhead expenses, meeting room charge or
any of the municipal costs and expenses except as provided for specifically
herein nor shall a City professional add any such charge to his bill.
A.
Pursuant to N.J.S.A. 40:55D-53.2b, the City of Clifton
may require the developer to deposit a sum towards anticipated municipal
expenses for these professional services. The deposit shall be placed
in an escrow account pursuant to N.J.S.A. 40:55D-53.1.
B.
The deposit for the review of applications for development
proposing a subdivision will be calculated based on the number of
proposed lots.
C.
The deposit for a development proposing a site plan
shall be based on one or more of the following:
D.
Deposits for inspection fees shall be established
according to N.J.S.A. 40:55D-53.
A.
Whenever an amount of money in excess of $5,000 is
deposited by an applicant for professional services to be employed
by the City of Clifton, the money, until repaid or applied to the
purposes for which it is deposited, including the applicant's portion
of the interest earned thereon, except as otherwise provided, shall
continue to be the property of the applicant and shall be held in
trust by the City of Clifton. Money deposited shall be held in escrow.
The money shall be deposited in a banking institution or savings and
loan association in the State of New Jersey insured by an agency of
the federal government or in any other fund or depository approved
for such deposits by the state, in an account bearing interest at
the minimum rate currently paid by the institution or depository on
time or savings deposits. The City shall notify the applicant in writing
of the name and address of the institution or depository in which
the deposit is made and the amount of the deposit.
B.
Upon receipt of bills from professionals and approval
of said bills as hereinafter provided for, the Chief Financial Officer
may use such funds to pay the bills submitted by such professionals
or experts. The City shall not be required to refund an amount of
interest paid on a deposit which 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 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 City may
retain for administrative expenses a sum equivalent of no more than
33 1/3% of that entire amount, which shall be in lieu of all other
administrative and custodial expenses.
C.
All sums not actually so expended shall be refunded
to the applicant within 90 days after the final decision by the appropriate
City agency with respect to such application, upon certification by
the Board Secretary that such application has been finally decided.
A.
Each payment charged to the deposit for review of
application, 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,
each date the services were performed, the hours spent to one-quarter-hour
increments, the hourly rate and the expenses incurred. All professionals
shall submit vouchers to the Chief Financial Officer of the City of
Clifton on a monthly basis in accordance with the schedules and procedures
established by the Chief Financial Officer. If the services are provided
by a City of Clifton employee, the employee shall prepare and submit
to the Chief Financial Officer a statement containing the same information
as required by voucher, on a monthly basis.
C.
The Chief Financial Officer 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. 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 municipality
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 City of Clifton
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.
A.
The following close-out procedures shall apply to
the deposits and escrow accounts established under the provisions
of N.J.S.A. 40:55D-1 et seq. The procedure must begin 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.
B.
Notice that the application or improvement is completed
must be provided to the City of Clifton by the applicant mailing the
same by certified mail to the Chief Financial Officer, the approving
authority and to the relevant municipal professional. The Chief Financial
Officer shall render a written final accounting of the deposit to
the applicant within 45 days of receipt of the final bill. Any balances
remaining in the deposit or escrow account, including interest, pursuant
to N.J.S.A. 40:55D-53.1 shall be refunded to the applicant with a
final accounting.
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. 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 which 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 state approvals
on the subdivision or site plan.
Inspection fees shall be charged only for actual
work shown on a subdivision or site plan or required by an approving
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.
If the City retains a different professional
or consultant in the place of a professional originally responsible
for development application review or inspection of improvements,
the City 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 City or approving authority shall not bill
the applicant or charge to the deposit or escrow account for any such
services.
The applicant shall be responsible to reimburse
the City of Clifton with regard to specific professional services
in accordance with the following:
A.
Charges for any professional for required attendance
at a regular or special meeting during which hearings are held on
the application in question; provided, however, that where hearings
are held on other applications at the same hearing, the cost of attendance
of the professionals shall be reimbursed on a pro rata basis;
B.
The City of Clifton shall be entitled to be reimbursed
for the review of applications both as to completeness and as to content;
for the review and preparation of documents such as but not limited
to drafting resolutions, developer's agreements and necessary correspondence
with the applicant or applicant's professionals; and
C.
The cost of all necessary inspections and for such
other services necessary to assure that all work is performed in compliance
with the approved plans and governing laws or ordinances.
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 City of Clifton from professional
personnel rendering services in connection with such application and
payment has been made by the applicant.
[Amended 12-3-2002 by Ord. No. 6319-02]
The cost of improvements for the purposes of
N.J.S.A. 40:55D-53 shall be estimated by the City Engineer based on
documented construction costs for the public improvements prevailing
in the general area of the City of Clifton. The developer may appeal
the City Engineer's estimate to the Passaic County Construction Board
of Appeals.
[Amended 12-3-2002 by Ord. No. 6319-02]
A.
An applicant must notify the governing body, in writing,
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 City of Clifton
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 among the parties, the applicant may
appeal to the Passaic County Construction Board of Appeals. An appeal
must be filed within 45 days from the receipt of the professional
voucher. If the professional does not provide the applicant with a
voucher, the appeal period is extended to 60 days.
B.
Once an appeal is filed, the Passaic 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 City of Clifton 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. 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 City of Clifton, the approving
authority and the professional involved in the appeal. 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.
C.
Appeals shall be taken in accordance with the rules
and procedures established by the Passaic County Construction Board
of Appeals.
This entire chapter shall be deemed and construed
to be an exercise of the police power of the City of Clifton in the
State of New Jersey, and all of its provisions shall be liberally
construed with a view to the effectuation of such purpose.
The provisions of this chapter are separable
and if any provision, clause, sentence, subsection, word or part thereof
is held illegal, invalid or unconstitutional or inapplicable to any
person or circumstance, such illegality, invalidity or unconstitutionality,
or inapplicability shall not affect or impair any of the remaining
provisions, clauses, sentences, subsections, words or parts of the
regulation or their application to other persons or circumstances.
It is hereby declared to be the legislative intent that this chapter
would be adopted if such illegal, invalid or unconstitutional provision,
clause, sentence, subsection, word or part had not been included therein,
or as if such persons or circumstances, to which this chapter or part
thereof is held inapplicable, had been specifically exempted therefrom.
