[HISTORY: Adopted by the Borough Council
of the Borough of Paramus 7-11-1989 by Ord. No. 89-34. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes the services of a duly licensed attorney, surveyor,
planner, realtor, appraiser or other expert who would provide professional
services to ensure that an application meets performance standards
set forth in Borough ordinances and other experts whose testimony
is in an area in which the applicant has presented expert testimony.
Specifically excluded from this chapter are engineering fees which
are separately covered by ordinance.
All commercial and subdivision applicants before
the Board of Adjustment, Planning Board or governing body or other
municipal agency shall be responsible to reimburse the Borough for:
A.Â
All expenses of professional personnel incurred and
paid by the municipality necessary to process an application before
the aforesaid municipal agencies, such as, but not by way of limitation:
(1)Â
Charges for reviews by professional personnel of applications
and accompanying documents.
(2)Â
Issuance of reports by professional personnel to the
municipal agency setting forth recommendations resulting from the
review of any documents submitted by applicant.
(3)Â
Charges for any telephone conference or meeting required
in reviewing the application.
(4)Â
Review of additional documents submitted by the applicant
and the issuance of reports relating thereto.
(5)Â
Review or preparation of easements, developers' agreements,
deeds or the like.
(6)Â
Preparation for and attendance at special meetings
requested or initiated by the applicant, his attorney or any of his
experts.
(7)Â
Preparation of resolution and legal opinion in connection
with an application for development.
B.Â
The cost of expert advice or testimony obtained by
the municipal agency for the purpose of corroborating testimony of
applicant's experts.
[Amended 11-24-1992 by Ord. No. 92-23]
No plat or site plan shall be signed nor shall
any zoning permits, building permits, certificates of occupancy or
any other types of permits be issued with respect to any approved
application for development until all bills for reimbursable services
have been received by the municipality from all professional personnel
rendering services in connection with such application unless the
applicant shall have deposited with his application fee an amount
likely to be sufficient to cover all reimbursable items; and upon
posting said deposit with the party who accepts the application fees,
the appropriate maps or permits may be signed and released or issued
to the developer. If the amount of the deposit exceeds the actual
cost, the developer shall be entitled to a return of the excess deposit,
together with such interest as allowed by statute, but if the charges
submitted exceed the amount of the deposit, the developer shall be
liable for payment of such deficiency.
Professional personnel submitting charges to the municipality for any of the services referred to in § 335-2A of this chapter shall not charge for any of the services contemplated by that section at any higher rate or in any different manner than would normally be reasonable and necessary for the performed work. Attorneys fees shall be billed at the rate of $80 per hour. All other professional fees shall be billed at the rate in accordance with the same rate schedule for the categories as are on record covering the Borough Consulting Engineer. Payment of any bill rendered by a professional to the municipality with respect to any service for which the municipality is entitled to reimbursement under this chapter shall in no way be contingent upon receipt of reimbursement by a developer nor shall any payment to a professional be delayed pending reimbursement from a developer.
Deposits received from any developer pursuant to § 335-2 of this chapter shall be deposited in a banking institution or savings and loan association in this state 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 in which the deposit is made on the amount of the deposit. The municipality 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, that entire amount shall belong to the applicant and shall be refunded to him by the municipality annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the municipality 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.
