Whenever a term is used in this chapter which is defined in Chapter 291 of the Laws of New Jersey 1975,[1] such term is intended to have the meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-3 through 55D-7.
[Added 11-18-81 by Ord. No. 81-1P]
A. 
Whenever it is required as a condition to subdivision or site plan approval that a performance guaranty must be furnished in favor of the municipality in an amount not exceeding 120% of the estimated cost of any required improvements, the time allowed for the installation of the improvements may be extended by the Borough Council by resolution. As a condition of or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the time of passage of the resolution.
B. 
Upon substantial completion of all required appurtenant utility improvements and the connection of the same to the public system, the obligor may notify the Borough Council in writing of such completion or substantial completion as provided for in N.J.S.A. 40:55D-53(d), and after inspection and report of the Municipal Engineer, the Borough Council may approve, partially approve or reject the improvements. Where partial approval is granted, the bond of the obligor may be reduced, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Notice shall be given to the obligor as required by N.J.S.A. 40:55D-53(e).
[Added 11-18-81 by Ord. No. 81-1P; amended 11-18-87 by Ord. No. 13-87]
A. 
Escrow deposits. The Planning Board and/or Zoning Board of Adjustment shall require escrow deposits in accordance with the provisions of this section. Such deposits shall be utilized to pay the cost of any professional services incurred for the review of an application for development to the Board. They shall also be utilized to pay the cost of review and/or testimony by an expert witness or witnesses retained by the Municipal Board.
B. 
Professional services defined. The term "professional services," as utilized herein, shall include the services of a duly licensed engineer, surveyor planner, attorney, scientist, realtor, appraiser or other professional or expert who provides services for review, advice, preparation of reports and/or expert testimony, for inspection of the property and surrounding area and for tests performed, in order to assist the Board in the review of the application before it.
C. 
Amount of escrow. Subject to the provisions of § 25-42D, each applicant shall, prior to the application's being ruled complete pursuant to the provisions of the Municipal Land Use Law[1] and this section, submit the following sums to be held in escrow in accordance with the provisions hereof:
RESIDENTIAL DEVELOPMENT
Units
Escrow To Be Posted
0 to 25
$2,000
26 to 100
An additional $2,000
101 to 500
An additional $5,000
501 to 1,000
An additional $7,500
1,001 plus
An additional $10,000
COMMERCIAL/INDUSTRIAL DEVELOPMENT APPLICATION
Not Involving Structures
Lots
Escrow To Be Posted
0 to 3
$1,000
3 plus
2,000
Involving Structures
Total Floor Plan
(square feet)
Escrow To Be Posted
1,250 to 2,500
$1,000
2,500 to 20,000
2,000
20,000 plus
5,000
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D. 
Completeness of application; escrow fees.
(1) 
Within 45 days after the filing of an application for development, the Planning Board and/or the Board of Adjustment or its authorized committee or designee, as the case may be, shall, in conjunction with the appropriate representatives of the staff of the Borough of Branchville, review said application for development to determine whether the escrow amount set for the above is adequate. In conducting such review, said Board shall consider the following criteria:
(a) 
The presence or absence of public water and/or sewer servicing the site.
(b) 
Environmental considerations, including but not limited to geological, hydrological and ecological factors.
(c) 
Traffic impact of the proposed development.
(d) 
Impact of the proposed development on existing aquifer and/or water quality.
(2) 
Upon completion of said review and within said 45-day period, the Board or its authorized committee shall adopt a resolution specifying whether the escrow amount specified above is sufficient, excessive or insufficient. In the event that the Board or its authorized committee shall determine that amount is excessive, it shall in the resolution specify the amount that shall be deemed sufficient, including a specification, if appropriate, that no escrow be posted. In the event that the Board or its authorized committee shall determine that the amount specified above is insufficient, it shall so specify and shall further set forth the amount required to be posted in light of the criteria specified herein.
(3) 
No application for development shall be deemed complete until such time as the applicant shall have posted with the Borough of Branchville, in cash, certified check or money order, the amount of escrow deposit determined by the Planning Board and/or Board of Adjustment to be required in accordance with the provisions of this section.
E. 
Additional escrow deposits. The Board may require additional escrow deposits by the applicant to be posted during the course of the review of an application, provided that:
(1) 
The original amounts escrowed pursuant to this section have been exhausted; and
(2) 
Additional professional services or expert services must reasonably be incurred because of the presence of one or more factors enumerated in § 25-42D, in order to complete the review of the application and to properly decide the same. In the event that additional escrow moneys are required, they shall not be deemed items required for the application to be complete but may be required as additional information reasonably required to decide the application. In the Board's discretion, their payment may be required as a condition of any approval granted.
F. 
Charges for certain professional services to the applicant. The applicant shall be responsible to reimburse the municipality with regard to certain specific professional services in accordance with the following:
(1) 
No applicant shall be required to reimburse the municipality for the cost of attendance by the municipality's professional personnel at any regularly scheduled meeting of the municipal agency or board at which a hearing is held on the application, up to a total of four meetings. However, the municipality shall be entitled to be reimbursed for the cost of the attendance of its professionals for meetings on which hearings are held on the application in question exceeding four in number. However, where hearings on other applications are held at the same meeting at which the attendance of the municipality's professional personnel is also required, the cost of the attendance of the municipality's professionals shall be reimbursed to the municipality on a pro rata basis.
(2) 
The municipality shall be entitled to be reimbursed for attendance of its professional personnel at special meetings of a municipal agency or board which were requested to be called by the applicant.
(3) 
The cost of the preparation of a resolution or memorializing resolution setting forth the findings of fact and conclusion of law of the municipal agency or board with respect to an application shall not be reimbursable to the municipality.
(4) 
The fees for other professional services incurred by the Board shall be reimbursed by the applicant to the Borough.
G. 
Reasonable charges for professional and expert services. No professional personnel submitting charges to the municipality for any of the services referred to in this section shall charge for any of the services at any higher rate or in any different manner than would normally be charged the municipality for similar work as ascertained by the professional's contract of employment with the municipality or by provisions of the Municipal Salary Ordinance. The charges shall be reasonable. 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 section shall in no way be contingent upon receipt of reimbursement by developer, nor shall any payment to a professional be delayed pending reimbursement from a developer.
H. 
Deposit of escrowed funds; refunds. Deposits received from any applicant shall be held by the Municipal Treasurer in a special interest-bearing deposit account, and upon receipt of bills from professionals, duly approved by the Board or governing body, as appropriate, the Treasurer may use such funds to pay the bills submitted by such professionals or experts. All sums not actually so expended shall be refunded to the applicant within 60 days after the final decision by the appropriate Board with respect to such application, upon certification by the Board Secretary that such application has been finally decided.
I. 
Reimbursement for inspection of improvements. The developer shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the inspection and/or testing of improvements. The municipality may require the applicant to make a deposit for all or a portion of the reasonably anticipated fees to be paid for the Municipal Engineer for such inspections pursuant N.J.S.A. 40:55D-53h, in advance.
[Added 11-18-81 by Ord. No. 81-1P]
At the request of the developer, the Planning Board shall grant an informal review of a concept plan for development for which the developer intends to prepare and submit an application for development. The developer shall not be required to submit any fees for such an informal review. The developer shall not be bound by any concept plan for which review was requested, and the Planning Board shall not be bound by any such review or comments made during the course thereof. However, if developer requests a review of the same by the Borough Engineer or other Borough professionals, the applicant shall pay 100% of the estimated cost of the review fees of said professionals to the Board Secretary. The Borough professionals include, without limitation, the Borough Engineer, a planning consultant and the Board Attorney. Any portion of the estimated fees or deposit paid by the applicant which is unexpended by the reviewing Board shall be returned to the applicant.