Fees shall be paid to the Approving Agency Clerk upon submission of an application for development. Such fees shall cover the costs of general administrative costs incurred in processing an application. In the event that more than one (1) type of approval is required, the applicant shall pay with cumulative amounts for each type of application in accordance with the table at the end of this Article. (Ord. No. O-01-46 § 32-12.1)
a. General.
In addition to the submission of application processing fees as set forth above, development applications which meet the criteria established herein shall be accompanied by a deposit of escrow funds in accordance with the provisions of this subsection.
The escrow funds shall be utilized to cover the municipal costs of professional services incurred during the development review process. Professional fees and salaries incurred in connection with review of plans, consultation, site inspections, written report and resolution preparation, meeting attendance, general preparation, research, testimony and other work performed by the Board Planner, Board Attorney, Municipal Engineer, and other professional consulting services as may be required due to the nature of the application, shall be paid from escrow funds. In addition, the City of Bayonne 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 applicant or applicant's professionals.
b. Escrow Amounts.
Escrow funds in the amounts specified shall be required, see Schedule of Fees. (subsection 33-12.3)
c. Procedural Requirements.
1. An applicant appearing initially before the Planning Board or the Zoning Board of Adjustment shall deposit all escrow funds called for within subsection 33-12.3 before said appearance. No meeting or hearing with the applicant shall be held by the Boards or Committees until all escrow funds and required fees have been deposited in accordance with this subsection. The escrow sums must be in the form of cash, certified check or money order. All deposits of escrow funds shall be made to the Clerk of the Approving Agency.
2. Additional escrow funds may be required when the escrow has been depleted to twenty (20%) percent of the original escrow amount. The City shall notify the appropriate Board when escrow funds have been so depleted. Professionals and nonprofessionals being paid from escrow funds shall notify the Board or other review committee as to additional costs anticipated to be incurred. The Board or other review committee shall not take any further action on the application until adequate additional fees have been deposited by the applicant with the City.
3. Escrow deposits shall be placed in an interest bearing account and the same shall be administered in accordance with the requirements of N.J.S.A. 40:55D-53.1.
4. All disbursements to consulting for services involved in processing an application which requires the deposit of escrow funds shall be charged against the escrow account.
5. All bills submitted by consulting professionals relative to said applications shall specify the services performed for individual applications and the time expended relative thereto. The bill shall also set forth the hourly billing amount which will be the amount charged to the City pursuant to the consultant's contract.
6. Payments. 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-quarter (1/4) hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer of the City 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 Bayonne and simultaneously to (a) the applicant and (b) the municipal agency for whom said vouchers were performed.
The Chief Financial Officer shall prepare and send to the applicant a statement which will 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 one thousand ($1,000.00) dollars or less, or on a monthly basis if monthly charges exceed one thousand ($1,000.00) dollars. If an escrow account or deposit contains insufficient funds to enable the City 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 Bayonne and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
7. Refunds. Deposits from any applicant in excess of five thousand ($5,000.00) dollars 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 City shall not be required to refund an amount of interest paid on a deposit which does not exceed one hundred ($100.00) dollars for the year. If the amount of interest exceeds one hundred ($100.00) dollars, the entire amount shall belong to the applicant and shall be refunded to him by the City 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 to no more than thirty-three and one-third (33-1/3%) percent 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 ninety (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.
8. No resolution approving any development application which is subject hereto shall be passed by either the Planning Board or the Zoning Board of Adjustment until all fees and escrow sums required hereunder have been paid in full.
9. Close Out Procedures. The following close out 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 improvement have been approved in accordance with N.J.S.A. 40:55D-53, in the case of improvement inspection escrows and deposits.
The applicant shall send written notice by certified mail to the Chief Financial Officer of the City 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 City within thirty (30) days and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the City shall render a written final accounting to the applicant on the uses to which the deposit was put within forty-five (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.
10. 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.
11. Payments Required Prior to Issuance of Permits. 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 from professional personnel rendering services in connection with such application and payment has been made.
12. Estimate of Cost of Improvements. The cost of the installation 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. 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.
13. Appeals.
(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 the professional for a service rendered to the City 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 Hudson 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 Hudson County Construction Board of Appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the City approving authority, and any professional whose charges are the subject of the appeal. An applicant shall file an appeal within forty-five (45) days from receipt of the informational copy of the professional's voucher required by subsection N.J.S.A. 40:55D-53.2(c), 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 sixty (60) days from receipt of the municipal statement of activity against the deposit or escrow account required by N.J.S.A. 40:55D-53.2(c). An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six (6) 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) Appeals shall be taken in accordance with the Rules and procedures established by the Hudson County Construction Board of Appeals.
(c) During the pendency of any appeal, the City 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 guarantees, 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 subsection. The Chief Financial Officer of the City 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 City shall reimburse the deposit of 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 City, the professional or consultant shall reimburse the City in the amount of any such disallowed charge.
(Ord. No. O-01-46 § 32-12.2)
* The minimum fee and escrow amount for a major site plan shall be $500.00.
NOTES:
1. The fees and escrow required for extension of approvals shall be based upon the statutory time limits (effect of approval) of the N.J. Municipal Land Use Law (N.J.A.C. 40-55D, P.L. 1975, c.291).
2. The fees and escrow for extension of approvals may be cumulative and include all approvals originally granted.
3. Any remaining escrow surplus from the original approval(s) may be counted towards the escrow requirement for extension of approvals.
4. A maximum of 50 percent of the fee for extension of approvals is refundable and shall be returned upon completion of construction and issuance of a certificate of occupancy (CO). The unused portion of escrow shall be returned upon the completion of construction and issuance of a CO or denial/withdrawal of said project.
(Ord. No. O-01-46 § 32-12.3; Ord. No. O-05-30 § 1; Ord. No. O-06-37 § 1)
