[Added 10-24-1996 by Ord. No. 1381-96]
[Amended 12-9-1996 by Ord. No. 1389-96]
The Chief Financial Officer of the municipality
shall make all of the payments to professionals for services rendered
to the municipality 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. The initial fees or charges shall be as hereinafter set forth.
The application review and inspection charges shall be limited only
to professional charges for review of applications, review and preparation
of documents and inspections of developments under construction and
for review by outside consultants when an application is of a nature
beyond the scope of the expertise of the professionals normally utilized
by the municipality. The only costs that shall be added to any such
charges shall be actual out-of-pocket expenses of any such professionals
or consultants, including normal and typical expenses incurred in
processing applications and inspecting improvements. No applicant
shall be charged for any municipal clerical or administrative functions,
overhead expenses, meeting room charges or any of the municipal costs
and expenses except as provided for specifically herein, nor shall
a municipal professional add any such charge to his bill. When the
salary, staff support and overhead for a municipal professional are
provided by the municipality, the charge shall be 200% of the sum
of the products resulting from multiplying the hourly base salary
by the number of hours spent by the respective professional upon review
of the application for development or inspection of the developer's
improvements, as the case may be.
The applicant shall be responsible to reimburse
the municipality 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 municipality's professionals shall be reimbursed on a pro rata
basis.
B.
The municipality 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.
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.
[Amended 12-19-1996 by Ord. No. 1389-96; 5-10-2016 by Ord. No.
2052-16]
At the time of filing an application for development, the applicant
shall pay to the Board Secretary the standard fee and an initial deposit
for professional services. The initial deposit for professional services,
called the "escrow fee," shall be five times the standard fee. Deposits
shall be made by check, money order or cash.
Deposits received from any applicant in excess
of $5,000 shall be held by the Chief Financial Officer in a special
interest-bearing deposit account, and, 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 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, the 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 for the purposes for which it was deposited, as the case
may be, except that the municipality 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. All sums not actually so expended shall be refunded to the
applicant within 90 days after the final decision by the appropriate
municipal 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
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 each date the services were performed, the hours spent to one-fourth-hour
increments, the hourly rate and the expenses incurred. All professionals
shall submit vouchers to the Chief Financial Officer of the municipality
on a monthly basis in accordance with the schedules and procedures
established by the Chief Financial Officer. 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 and the municipal agency for whom said services were
performed.
B.
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.
C.
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 municipality or approving authority and the applicant. In the
event the balance falls below 25% of the initial escrow deposit, such
account must be restored to it's full balance. In the interim, any
required health and safety inspections shall be made and charged back
against the replenishment of funds.
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 municipality from professional
personnel rendering services in connection with such application and
payment has been made.
A.
The following closeout procedures shall apply to all
deposits and escrow accounts established under the provisions of 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 in N.J.S.A. 40:55D-53, in the
case of improvement inspection escrows and deposits.
B.
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. 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. 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. Any balances remaining in the deposit
or escrow account, including interest in accordance with N.J.S.A.
40:55D-53.1, shall be refunded to the developer along with the final
accounting.
A.
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 the municipality.
B.
Limitation of inspection fees. 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 municipality retains a different professional
or consultant in the place of a professional originally responsible
for development application review or inspection of improvements,
the municipality 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 municipality or approving
authority shall not bill the applicant or charge to the deposit or
the escrow account for any such services.
The cost of the installation of improvements
for the purposes of N.J.S.A. 40:55D-53 shall be estimated by the Municipal
Engineer based on documented construction costs for the public improvements
prevailing in the general area of the municipality. The developer
may appeal the Municipal Engineer's estimate to the County Construction
Board of Appeals, established pursuant to N.J.S.A. 52:27D-127.
A.
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 a service rendered to the municipality 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 to the satisfaction of the applicant, the applicant may appeal
to the County Construction Board of Appeals, established pursuant
to N.J.S.A. 52:27D-127, any charge to an escrow account or deposit
by any municipal professional or consultant or the cost of the installation
of improvements estimated by the Municipal Engineer pursuant to N.J.S.A.
40:55D-53.4. 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 charges are the subject of the appeal. An applicant shall file
an appeal within 45 days from receipt of the informational copy of
the professional's voucher required by N.J.S.A. 40:55D-53.2c, 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 N.J.S.A. 40:55D-53.2c. 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.
B.
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. 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. 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 County Construction Board of Appeals.
D.
During the pendency of any appeal, the municipality
or approving authority shall continue to process, hear and decide
the application for development and to inspect the development in
the normal course and shall not withhold, delay or deny reviews, inspections,
signing of subdivision plats or site plans, the reduction or the release
of performance or maintenance guaranties, the issuance of construction
permits or certificates of occupancy or any other approval or permit
because an appeal has been filed or is pending under this section.
The Chief Financial Officer of the municipality may pay charges out
of the appropriate escrow account or deposit for which an appeal has
been filed. If a charge is disallowed after payment, the Chief Financial
Officer of the municipality shall reimburse the deposit or escrow
account in the amount of any such disallowed charge or refund the
amount to the applicant. If a charge is disallowed after payment to
a professional or consultant who is not an employee of a municipality,
the professional or consultant shall reimburse the municipality in
the amount of any such disallowed charge.
