[HISTORY: Article I adopted by the Board of Commissioners (now Borough Council) of the Borough of Beach Haven as indicated in article histories. Subsequent articles adopted by the Borough Council of the Borough of Beach Haven as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Land use administration — See Ch. 19.
Alcoholic beverage licenses — See Ch. 45.
Amusement licenses — See Ch. 48.
Animal licensing — See Ch. 51.
Beach badges — See Ch. 55.
Boat ramp fees — See Ch. 61.
Body piercing licenses — See Ch. 63.
Construction code fees — See Ch. 74.
Food establishment licenses — See Ch. 104.
Licenses — See Ch. 120.
Newspaper vending machines — See Ch. 131.
Peddling and soliciting permits — See Ch. 144.
Plumbing fees — See Ch. 146.
Copies of public records — See Ch. 153.
Private sales licenses — See Ch. 158.
Site plan review — See Ch. 167.
Streets and sidewalks — See Ch. 176.
Stormwater management — See Ch. 177.
Subdivision of land — See Ch. 179.
Taxicab and jitney licensing — See Ch. 182.
Use of tennis courts — See Ch. 184.
Water — See Ch. 204.
Zoning — See Ch. 212.
[Adopted 1-23-1984 by Section IV of Ord. No. 84-3]
[Amended 10-12-1999 by Ord. No. 99-15; 11-10-2008 by Ord. No. 2008-12; 12-12-2022 by Ord. No. 2022-30C]
The following schedule of administrative charges and escrow account deposits shall be charged upon submission of the following class of application to the Land Use Board:
Classification
Administrative
Charges
Escrow Account Deposits
Minor subdivision
$200
$2,000
Preliminary major subdivision
$350
$2,000, plus $100 per lot
Final major subdivision
$350
$1,000, plus $100 per lot
Amended minor, preliminary major and/or final major subdivision
50% of original administrative charges
50% of original escrow account deposits
Request for reapproval or extension of time
$300
$150 per lot
[Amended 10-12-1999 by Ord. No. 99-15; 10-11-2005 by Ord. No. 2005-24; 11-10-2008 by Ord. No. 2008-12; 3-8-2021 by Ord. No. 2021-3C; 12-12-2022 by Ord. No. 2022-30C]
Site plan fees shall be as follows:
Classification
Administrative
Charges
Escrow Account Deposits
Minor site plan
$200
$2,000
Preliminary major site plan
$350
$2,000, plus $100 per dwelling in the case of multiple-family units and/or $0.10 per gross square footage of building area in the case of nonresidential buildings
Final major site plan
$350
$1,000, plus $50 per dwelling unit in the case of multiple-family units and/or $0.10 per gross square footage of building area in the case of nonresidential building
Amended minor, preliminary major and/or final major site plan
50% of original administrative charges
50% of original escrow account deposits
Request for reapproval or extension of time
$300
$350
Site plan with request for exemption pursuant to § 167-9B
$75
$500
Request for exemption approval by the Site Plan Subcommittee pursuant to § 167-9A
$0
$0
The applicant shall submit to the Land Use Board an application for request for site plan exemption and any other documents as required by the Borough of Beach Haven Land Use Board and shall comply with the notice requirements pursuant to N.J.S.A. 40:55D-12 et seq. In considering a request for site plan exemption, the Borough of Beach Haven Land Use Board shall consider factors which it deems reasonable which shall include but not be limited to the following: nature of use, hours of operation, number of employees, parking, loading, signage, landscaping and/or buffering, deliveries (types of vehicles and hours), and compliance with the zoning regulations of that district as relates to the existing use and the proposed use.
[Amended 10-12-1999 by Ord. No. 99-15; 12-12-2022 by Ord. No. 2022-30C]
Holdover fees shall be as follows:
Classification
Administrative
Charges
Escrow Account Deposits
Minor subdivision or site plan
$100
None
Preliminary or major subdivision or site plan
$250
None
[Amended 10-12-1999 by Ord. No. 99-15; 11-10-2008 by Ord. No. 2008-12; 12-12-2022 by Ord. No. 2022-30C]
Fees for variances shall be as follows:
Classification
Administrative
Charges
Escrow Account Deposits
Single bulk variance
$100
$2,000
Each additional bulk variance
$50
$100
Use variance, density variance and other
$100
$2,000
[Amended 8-22-1994 by Ord. No. 94-28]
A. 
In addition to any other fees and deposits required by this article, the applicant shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for inspections of development and improvements.
B. 
The applicant shall deposit for such inspection fees a deposit not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which said costs shall be estimated and determined by the Municipal Engineer based on documented construction costs for public improvements prevailing in the general area of the municipality, pursuant to N.J.S.A. 40:55D-53.4.
(1) 
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 Municipal Engineer for inspection, the applicant shall deposit the remaining 50% of anticipated inspection fees.
(2) 
Those developments for which the reasonably anticipated fees are $10,000 or greater, these may, at the option of the applicant, be paid in four installments. The initial amount deposited by an applicant 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 Municipal Engineer for inspection, the applicant shall make additional deposits of 25% of the reasonably anticipated fees.
C. 
The Municipal Engineer shall not perform any inspections if sufficient funds to pay for those inspections are not on deposit.
(1) 
All payments charged to the deposit shall be pursuant to vouchers from the professional stating the hours spent, the hourly rate and the expenses incurred. The municipality shall render a written final accounting to the applicant on the uses to which the deposit was put. Thereafter the municipality shall upon written request provide copies of the vouchers to the applicant. If the salary, staff support and overhead are provided by the municipality, the charge to the deposit shall not exceed 200% of the sum of the products resulting from multiplying the hourly base salary of each of the professionals by the number of hours spent by the respective professional on review of the application for development or the applicant's improvements, as the case may be. For other professionals the charge to the deposits shall be at the same rate as all other work of the same nature by the professional for the municipality.
(2) 
If at any time during the review procedure 75% of the deposit money posted shall have been expended, the applicant shall be required to post such additional sums as may be required to cover additional anticipated municipal expenses for professional services.
[Added 2-9-2009 by Ord. No. 2009-2[1]]
A. 
Purpose.
(1) 
In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the rules adopted by the New Jersey Council on Affordable Housing (COAH).
(2) 
Pursuant to P.L. 2008, c. 46 § 8 (N.J.S.A. 52:27D-329.2), and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have an approved spending plan may retain fees collected from nonresidential development.
(3) 
This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance with P.L. 2008, c. 46, §§ 8 and 32 through 38. Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate-income housing. This section shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:97-8.
B. 
Basic requirements.
(1) 
The Borough of Beach Haven shall not impose development fees on any applicant pursuant to this section until COAH or a court has approved the Development Fee Ordinance pursuant to N.J.A.C. 5:96-5.1.
(2) 
The Borough of Beach Haven shall not spend development fees until COAH or a court has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and 5:96-5.3.
C. 
Definitions. The following terms, as used in this section, shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project, or a one-hundred-percent affordable development.
COAH or THE COUNCIL
The New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning considerations in the state.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT FEE
Money paid by a developer for the improvement of property as permitted under N.J.A.C. 5:97-8.3.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with §§ 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through c).
GREEN BUILDING STRATEGIES
Those strategies that minimize the impact of development on the environment, and enhance health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
D. 
Residential development fees.
(1) 
Imposed fees.
(a) 
Within the Borough of Beach Haven zoning districts, residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development, provided no increased density is permitted.
(b) 
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers may be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.
(2) 
Eligible exactions, ineligible exactions, and exemptions for residential development.
(a) 
Affordable housing developments and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
(b) 
Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.
(c) 
Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.
(d) 
Structural alterations that do not increase gross floor area of a building or structure or increase the equalized assessed value of a property shall be exempted from paying a development fee.
(e) 
Nonprofit organizations constructing residential projects which have received tax exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code, providing current evidence of that status is submitted to the Municipal Clerk, together with a certification that services of the organization are provided at reduced rates to those who establish an inability to pay existing charges, shall be exempted from paying a development fee.
(f) 
Federal, state, county and local governments constructing residential housing shall be exempted from paying a development fee.
(g) 
Residential reconstruction projects resulting from fire, flood, or natural disaster.
E. 
Nonresidential development fees.
(1) 
Imposed fees.
(a) 
Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements for all new nonresidential construction on an unimproved lot or lots.
(b) 
Nonresidential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.
(c) 
Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the preexisting land and improvement and the equalized assessed value of the newly improved structure, i.e., land and improvement, at the time final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.
(2) 
Eligible exactions, ineligible exactions and exemptions for nonresidential development.
(a) 
The nonresidential portion of a mixed-use inclusionary or market-rate development shall be subject to the two-and-one-half-percent development fee, unless otherwise exempted below.
(b) 
The two-and-one-half-percent fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.
(c) 
Nonresidential developments shall be exempt from payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF, State of New Jersey Non-Residential Development Certification/Exemption Form. Any exemption claimed by a developer shall be substantiated by that developer.
(d) 
A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L. 2008, c. 46, shall be subject to it at such time the basis for the exemption no longer applies, and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.
(e) 
If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by the Borough of Beach Haven as a lien against the real property of the owner.
(f) 
Federal, state, county and local governments constructing nonresidential housing shall be exempted from paying a development fee.
F. 
Collection procedure.
(1) 
Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the Borough's construction official responsible for the issuance of a building permit.
(2) 
For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF, State of New Jersey Non-Residential Development Certification/Exemption, to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The construction official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
(3) 
The construction official responsible for the issuance of a building permit shall notify the local tax assessor of the issuance of the first building permit for a development which is subject to a development fee.
(4) 
Within 90 days of receipt of that notice, the Municipal Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
(5) 
The construction official responsible for the issuance of a final certificate of occupancy notifies the local assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
(6) 
Within 10 business days of a request for the scheduling of a final inspection, the Municipal Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.
(7) 
Should the Borough of Beach Haven fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of § 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).
(8) 
Fifty percent of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.
(9) 
Appeal of development fees.
(a) 
A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest-bearing escrow account by the Borough of Beach Haven. Appeals from a determination of the Board may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
(b) 
A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by the Borough of Beach Haven. Appeals from a determination of the Director may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
G. 
Affordable Housing Trust Fund.
(1) 
There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Borough's Chief Financial Officer for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.
(2) 
The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
(a) 
Payments in lieu of on-site construction of affordable units;
(b) 
Developer-contributed funds to make 10% of the affordable entrances in a townhouse or other multistory attached development accessible;
(c) 
Rental income from municipally operated units;
(d) 
Repayments from affordable housing program loans;
(e) 
Recapture funds;
(f) 
Proceeds from the sale of affordable units; and
(g) 
Any other funds collected in connection with the Borough of Beach Haven's affordable housing program.
(3) 
Within seven days from the opening of the trust fund account, the Borough of Beach Haven shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, the Borough's banking institution, and COAH, to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).
(4) 
No funds shall be expended from the Affordable Housing Trust Fund unless the expenditure conforms to a spending plan approved by COAH or the court. All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH or the court.
H. 
Use of funds.
(1) 
The expenditure of all funds shall conform to a spending plan approved by COAH or the court. Funds deposited in the housing trust fund may be used for any activity approved by COAH or the court to address the Borough of Beach Haven's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through 5:97-8.9 and specified in the approved spending plan.
(2) 
Funds shall not be expended to reimburse the Borough of Beach Haven for past housing activities.
(3) 
At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region.
(a) 
Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments, and assistance with emergency repairs.
(b) 
Affordability assistance to households earning 30% or less of median income may include buying down the cost of low- or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income. The use of development fees in this manner shall entitle the Borough of Beach Haven to bonus credits pursuant to N.J.A.C. 5:97-3.7.
(c) 
Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
(4) 
The Borough of Beach Haven may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.
(5) 
No more than 20% of all revenues collected from development fees may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or actions are not eligible uses of the Affordable Housing Trust Fund.
I. 
Monitoring. The Borough of Beach Haven shall complete and return to COAH all monitoring forms included in the annual monitoring report related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, and funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with the Borough of Beach Haven's housing program, as well as to the expenditure of revenues and implementation of the plan approved by the court. All monitoring reports shall be completed on forms designed by COAH.
J. 
Ongoing collection of fees. The ability of the Borough of Beach Haven to impose, collect and expend development fees shall expire with its judgment of compliance unless the Borough of Beach Haven has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned COAH for substantive certification, or brought a declaratory relief action in court pursuant to N.J.S.A. 52:27D-313 and has received approval of its development fee ordinance by COAH or a court. If the Borough of Beach Haven fails to renew its ability to impose and collect development fees prior to the expiration of its judgment of compliance, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund, established pursuant to § 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). The Borough of Beach Haven shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its judgment of compliance, nor shall the Borough of Beach Haven retroactively impose a development fee on such a development. The Borough of Beach Haven shall not expend development fees after the expiration of its judgment of compliance.
[1]
Editor's Note: Ordinance Number 2010-17, adopted 7-12-2010, provided for the inclusion of this section as § 90-6, as also redesignated former §§ 90-6 through 90-10 as §§ 90-7 through 90-11.
If an application for development contains multiple applications, i.e., a combination of any of the following applications: variances, subdivision, conditional use or site plan, the applicant shall submit the designated fee for each class of the application.
[Amended 8-22-1994 by Ord. No. 94-28; 10-12-1999 by Ord. No. 99-15]
A. 
The "administrative charges" are flat fees to cover administrative expenses and are nonrefundable.
B. 
The "escrow account deposits" are required to pay for the costs of professional services including engineering, planning, legal and other expenses connected with the review of submitted materials, including any traffic engineering review or other special analysis related to the Borough's review of the submitted materials, or any necessary studies regarding off-tract improvements. An applicant is responsible to reimburse the Borough for all expenses of professional personnel incurred and paid by the Borough for the review process of an application for development before a municipal agency, such as, but not limited to:
(1) 
Charges for reviews by professional personnel of applications, plans and accompanying documents.
(2) 
Issuance of reports by professional personnel to the municipal agency setting forth recommendations resulting from the review of any documents submitted by the applicant.
(3) 
Charges for any telephone conference or meeting requested or initiated by the applicant, his attorney or any of his experts or representatives.
(4) 
Review of additional documents submitted by the applicant and issuance of reports relating thereto.
(5) 
Review or preparation of easements, developer's agreements, deeds, approval resolutions or the like.
(6) 
Preparation for and attendance at all meetings by professionals such as the Board Planner, Traffic Engineer or other experts as required.
(7) 
The cost of expert advice or testimony obtained by the municipal agency for the purpose of corroborating testimony of the applicant's experts.
C. 
The escrow account deposits shall be placed in a separate account by the Borough Treasurer/Chief Financial Officer at the direction of the Administrative Officer and an accounting shall be kept of each applicant's deposit.
(1) 
All professional charges shall be paid from the account and charged to the applicant.
(2) 
Any moneys not expended for professional services may be returned to the applicant within 90 days upon written request by the applicant and as authorized by the Council.
[Amended 9-13-2010 by Ord. No. 2010-20]
(3) 
If, at any time during the review procedure, 75% of the moneys posted shall have been expended, the applicant shall be required to post such additional sum as may be required by the Administrative Officer to cover professional costs.
(4) 
The applicant shall not be entitled to proceed with the application or any development until such time as the necessary moneys have been posted to guarantee payment of professional service fees.
(5) 
All payments charged to the deposit shall be pursuant to vouchers from the professionals stating the hours spent, the hourly rate and the expenses incurred.
(6) 
No professional submitting charges to the Borough for any review of an application for development shall charge for such services at any higher rate or in any different manner than would normally be charged to the Borough for similar work.
(7) 
The Borough shall render a written final accounting to the developer on the uses to which the deposit was put and, thereafter, the Borough shall, upon written request, provide copies of the vouchers to the developer.
D. 
Each applicant shall agree to pay all reasonable costs for professional review of the application. All such costs for review must be paid before any approved plat, plan or deed is signed and before any zoning permit, construction permit, certificate of occupancy and/or other permit is issued.
E. 
Payment by the Borough 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 article shall in no way be contingent upon receipt by the municipality of reimbursement from the applicant, nor shall any payment to a professional be delayed pending the reimbursement from an applicant.
F. 
If an applicant desires a court reporter, the cost for taking testimony and transcribing it and providing a copy of the transcript to the Borough shall be at the expense of the applicant who also shall arrange for the reporter's attendance.
[Added 8-22-1994 by Ord. No. 94-28]
A. 
Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the Borough for professional services employed by the municipality to review applications for development, for municipal inspection fees in accordance with § 90-5 hereof and N.J.S.A. 40:55D-53h, or to satisfy the guarantee requirements of N.J.S.A. 40:55D-53a and other Borough ordinances, 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 herein, shall continue to be the property of the applicant and shall be held in escrow and trust by the Borough.
B. 
Upon receipt of such moneys, the Borough shall deposit the same in a banking institution or savings and loan association in New Jersey insured by an agency of the federal government or in any other fund or depository approved for such deposits by the State of New Jersey, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits.
C. 
The Borough 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.
D. 
The Borough 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 Borough annually or at the time the deposit is repaid or applied to the purposes to which it was deposited, as the case may be; except that the Borough 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 related to such deposit.
[Added 2-10-1997 by Ord. No. 96-18]
A. 
Charitable organizations. All charitable, philanthropic, fraternal and religious nonprofit organizations holding a tax-exempt status under the Federal Internal Revenue Code of 1954.
B. 
The Board of Education shall be exempt from the payment of any Land Use Board fee charged under this article, in accordance with N.J.S.A. 40:55D-8 of the Municipal Land Use Law.
[Added 11-10-2008 by Ord. No. 2008-12]
On a quarterly basis beginning in January 2009, in order to comply with the notification and accounting requirements for monies being held by the Borough in escrow pursuant to §§ 90-1, 90-2, 90-3 and 90-4, the Borough's Chief Financial Officer shall provide accountings on a quarterly basis to the person placing said funds in escrow with the Borough.
[Adopted 5-23-2012 by Ord. No. 2012-7C]
A. 
The governing body of the Borough of Beach Haven is cognizant of the ever-spiraling expense imposed upon property owners in the Borough of Beach Haven caused by increased expenses incurred by the Borough in the operation of Borough affairs. Being cognizant of such condition, the governing body of the Borough of Beach Haven has determined that seeking sources of additional income which could help defray operating expenses of the Borough is both prudent and advisable; and having discussed various methods in which additional funds might be raised for the general fund of the Borough of Beach Haven, the governing body has determined that a viable and feasible source of additional income would be the renting or leasing of advertising space on the backs of beach patrol stands utilized by the beach patrol in the Borough of Beach Haven; therefore, the governing body of the Borough of Beach Haven has determined to let or lease advertising space on the backs of beach patrol stands located in the Borough of Beach Haven in accordance with the terms hereinbelow in this article set forth.
B. 
Location of stands.
(1) 
The location of stands upon which advertising space will be let are on the oceanfront at the end of the following streets:
(a) 
12th Street.
(b) 
Taylor Avenue.
(c) 
5th Street.
(d) 
2nd Street.
(e) 
Center Street.
(f) 
Engleside Avenue.
(g) 
Pearl Street.
(h) 
Belvoir Avenue.
(i) 
Essex Avenue.
(j) 
Liberty Avenue.
(k) 
Leeward Avenue.
(2) 
Additional locations for stands with advertisements may from time to time be created by the governing body of the Borough of Beach Haven upon the adoption of an appropriate resolution.
C. 
The maximum size of any leased size shall be 24 inches vertically and 48 inches horizontally. Each sign shall be constructed on a material of the advertiser’s choice on a flat board not less than 3/8 of an inch thick nor more than 3/4 of an inch thick.
D. 
Each sign shall have a single hole, 1/2 inch in diameter, drilled in each of the four corners of the sign, located so that the exterior edge of the hole is three inches from each of the abutting exterior edges of the sign.
E. 
Application may be made to the Borough Clerk for the location desired; and when the beach patrol stands have been placed on the beach, the advertisements will be displayed thereon. Display may commence as early as May 25 of each year and may extend through September 15 of each year; however, the stands will be in place commencing no later than 12:00 noon on the last Saturday in June and ending no later than 12:00 noon on Labor Day of each year. Additional periods may be available at the discretion of the Beach Patrol Chief or his or her designee.
F. 
The cost of the annual placement of such advertisement for the period May 25 through Labor Day shall be fixed annually by resolution of the regular meeting of the governing body held in April of each year.
G. 
No signs shall be three-dimensional, but they shall be a flat surface only.
H. 
Each sign may advertise only a single business.
I. 
Once approved and installed, no advertisement may be changed nor replaced during the calendar year; provided, however, that in the event the advertisement is severely damaged by vandalism, extreme weather or other cause beyond the control of the Borough of Beach Haven or the advertising lessee, a new advertisement may be installed at the sole discretion of the Department of Public Works if the cause of the damage to any advertising sign is determined to be vandalism, extreme weather or other cause beyond the control of the Borough of Beach Haven or of the lessee. In the event of damages determined to require a replacement, the sign may be reproduced at the sole cost of the lessee and will be installed by the Beach Haven Department of Public Works.
J. 
All advertising signs will be removed from the beach patrol stands by the Beach Haven Department of Public Works when the lifeguard stands are removed from the beach and stored for the off-season months and left in the Municipal Clerk’s office, from whence they must be retrieved by the lessee prior to 12:00 noon December 31 of the year in which the advertisement was placed. Any advertising signs not picked up prior to 12:00 noon on December 31 of the year in which the advertisement was placed will be disposed of by the Borough of Beach Haven Department of Public Works.
K. 
Acquisition of lease. Any merchant desiring to take advantage of the outdoor advertising display offered by this article shall submit a written application to the Borough Clerk, together with the lease payment required by the appropriate resolution of the governing body. Payment must be in the form of cash, check, money order or certified check made payable to the Borough of Beach Haven, and the application shall include a detailed drawing or photograph of the proposed sign. The Borough reserves the right to reject any proposed advertisement which the Borough may determine to be in poor taste, offensive or not in the best interests of the Borough of Beach Haven. Once a sign has been applied for, approved and paid for, there will be no refunds for any reason.