a. Meetings.

1. Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month and any meeting so scheduled shall be held as scheduled unless cancelled for lack of applications for development to process.

2. Special meetings may be provided for at the call of the Chairman or on the request of any two (2) board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.

3. No action shall be taken at any meeting without a quorum being present.

4. All actions shall be taken by majority vote of a quorum except as otherwise required by any provision of N.J.S.A. 40:55D-1 et seq. Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements of N.J.S.A. 40:55D-34 and 69d, shall be deemed an action denying the application. Nothing herein shall be construed to contravene any Act providing for procedures for governing bodies.

5. All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, N.J.S.A. 10:4-6 et seq.

b. Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the Board office. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes in an amount sufficient to cover the cost of such reproduction.

c. Hearings.

1. Rules: The Planning Board and Zoning Board of Adjustment shall hold a hearing on each application for development and shall make rules governing the conduct of hearings before such bodies which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. of this Chapter.

2. Filing of Documents: Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least ten (10) days before the date of the hearing during normal business hours in the office of the Municipal Agency. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

3. Oaths: The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the "County and Municipal Investigations Law" N.J.S.A: 2A:67A-1 et seq. shall apply.

4. Testimony: The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer and the right of cross examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.

5. Evidence: Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

6. Records: The Municipal Agency shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Municipal Agency shall furnish a duplicate recording, on request to any interested party at the party's expense. The Municipal Agency, when furnishing a duplicate recording of the proceedings to an interested party at the party's expense, shall not charge such interested party more than the maximum permitted in N.J.S.A. 2A:11-15.

7. Absences and Continued Hearings: A member or alternate member of a Municipal Agency who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his or her absence from one or more of the meetings; provided, however, that such Board member or alternate member has available to him or her the transcript or recording of all of the hearings from which he or she was absent, and certifies in writing to the Board that he or she has read such transcripts or listened to such recording.

d. Notice Requirements for Hearing. Whenever public notice of a hearing is required on an application for development, the applicant shall give notice thereof at least ten (10) days prior to the date of the hearing in accordance with the following:

1. Public notice of a hearing on an application for development shall be given except for minor subdivisions pursuant to N.J.S.A. 40:55D-47, minor site plans, or final approval pursuant to N.J.S.A. 40:55D50 and provided that public notice shall be given in the event that relief is requested pursuant to N.J.S.A. 40:55D-60 or D-76 as part of an application for development otherwise excepted herein from public notice.

2. Public notice shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.

3. Notice of a hearing requiring public notice pursuant to this section shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within two hundred (200') feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which applicant's land is located. Such notice shall be given by:

(a) Serving a copy thereof on the owner as shown on the said current tax duplicate or his agent in charge of the property; or

(b) Mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. A return receipt is not required.

Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. This requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within two hundred (200') feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas.

4. Notice of all hearings on applications for development involving property located within two hundred (200') feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection 25-3.3d,3 of this Chapter to the owners of lands in such adjoining municipality which are located within two hundred (200') feet of the subject premises.

5. Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on all applications for development of property adjacent to an existing County road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other County land or situated within two hundred (200') feet of a municipal boundary.

6. Notice shall be given by personal service or certified mail to the Commissioner of the New Jersey Department of Transportation of a hearing on any application for development of property adjacent to a State highway.

7. Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of any hearing on an application for development of property which exceeds-one hundred fifty (150) acres or five hundred (500) dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Administrative Officer pursuant to N.J.S.A. 40:55D-10b.

8. The applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.

9. Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.

10. Form of Notice: All notices required to be given pursuant to the terms of this Chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development-by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Borough Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available for public inspection as required by law.

11. Notice pursuant to subparagraphs 4, 5, 6 and 7 of this subsection shall not be deemed to be required, unless public notice pursuant to subparagraphs 1 and 2 and notice pursuant to subparagraph 3 of this subsection are required.

e. List of Property Owners Furnished. Upon the written request of an applicant, the Administrative Officer shall, within seven (7) days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection 25-3.3d,3 of this Chapter. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A fee of twenty-five ($0.25) cents per name, or ten ($10.00) dollars, whichever is greater, shall be charged for such list.

f. Decisions.

1. The Municipal Agency (Planning Board, Board of Adjustment or Borough Council) shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The Municipal Agency shall provide the findings and conclusions through:

(a) A resolution adopted at a meeting held within the time period provided in N.J.S.A. 40:55D-1 et seq. for action by the Municipal Agency on the application for development; or

(b) A memorializing resolution adopted at a meeting held not later than forty-five (45) days after the date of the meeting at which the Municipal Agency voted to grant or deny approval. Only the members of the Municipal Agency who voted for the action taken may vote on the memorializing resolution, the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9 (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the Municipal Agency and not to be an action of the Municipal Agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings, and publications required by subparagraphs 2 and 3 below (N.J.S.A. 40:55D- 10). If the Municipal Agency fails to adopt a resolution or memorializing resolution as herein above specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the Municipal Agency to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorneys fees, shall be assessed against the municipality.

(c) Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.

(d) The Municipal Agency may provide such written decision and findings and conclusions either on the date of the meeting at which the Municipal Agency takes action to grant or deny approval, or, if the meeting at which such action is taken occurs within the final forty-five (45) days of the applicable time period for rendering a decision on the application for development, within forty-five (45) days of such meeting by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the Municipal Agency thereon. Any action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above notwithstanding the time at which such action occurs within the applicable time period for rendering a decision on the application.

(e) The adoption of a resolution of memorialization pursuant to this subsection shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of the members of the Municipal Agency who voted for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the Municipal Agency, and not to be an action of the Municipal Agency; except that failure to adopt such a resolution within the forty-five (45) day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.

(f) Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings and publication required by subsections 25-3.3f,2 and 25-3.3f, 3 of this section.

2. A copy of the decision shall be mailed by the Administrative Officer within ten (10) days of the date of decision to the applicant, or if represented then to his attorney, without separate charge, and to all who request a copy of the decision for a reasonable fee in an amount sufficient to cover the cost of such mailing. A copy of the decision shall also be filed by the Municipal Agency in the office of the Administrative Officer. The Administrative Officer shall make a copy of such filed decision available to any interested party for a reasonable fee in an amount sufficient to cover the cost of such copy and available for public inspection at his office during reasonable hours.

3. A brief notice of the decision shall be published in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the applicant and proof of publication shall be submitted to the Administrative Officer. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.

4. Such notice, as required by paragraph f,3 above, shall be published within thirty (30) days of the date of decision, or twenty (20) days of the date of mailing of a copy of the decision by the Administrative Officer, whichever is later, or within such other appropriate period as may be determined by the Municipal Agency at the time of decision and, thereafter, from time to time, extended for proper cause shown by the applicant.

5. Failure of an applicant to publish as herein required shall render any approvals null and void.

g. Conditional Approvals.

1. In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Municipal Agency shall process such application for development in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and this Chapter, and, if such application for development complies with the provisions of this Chapter, the Municipal Agency shall approve such application conditioned on removal of such legal barrier to development.

2. In the event that development proposed by an application for development requires an approval of a governmental agency other than the Municipal Agency, the Municipal Agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency; provided that the municipal agency shall make a decision on any application for development within the time period provided in this Chapter and N.J.S.A. 40:55D-1 et seq. or within an extension of such period as has been agreed to by the applicant unless the Municipal Agency is prevented or relieved from so acting by the operation of law.

3. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Municipal Agency shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

4. The Municipal Agency may impose such other conditions, including but not limited to those enumerated in Article VI of this Chapter, as it deems appropriate.

5. In all cases the Municipal Agency shall include a condition of approval setting forth the time within which all conditions of approval must be satisfied by the applicant. Failure of the applicant to meet all conditions of approval within the time specified or within such extensions thereof as the Municipal Agency may, from time to time, grant upon the request of the applicant shall render any approvals null and void.

h. Tolling of Running of Period of Approval. In the event that, during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval shall be suspended for the period of time said legal action is pending or such directive or order is in effect.

i. Payment of Taxes and Water and Sewer Charges. Pursuant to the provisions of N.J.S.A. 40:55D-39 and C. 40:55D-65, every application for development submitted to the Planning Board or to the Zoning Board of Adjustment shall be accompanied by proof that no taxes or Water and Sewer charges or other assessments for local improvements are due or delinquent on the property which is the subject of such application; or if it is shown that taxes or Water and Sewer charges or other assessments are delinquent on said property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments, or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.

j. Certification of Complete Application for Development; Certification Time Limits. An application for development shall be complete for purposes of commencing the applicable time period for action by a Municipal Agency when so certified by the Municipal Agency or its authorized committee or designee. In the event that the Administrative Officer, agency, committee or designee does not certify the application to be complete within forty-five (45) days of the date of its submission, the application shall be deemed complete upon expiration of the forty-five (45) day period for purposes of commencing the applicable time period unless:

1. The application lacks information indicated on a check list adopted by ordinance and provided to the applicant; and

2. The Municipal Agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within forty-five (45) days of submission of the application.

The applicant may request that one or more of the submission requirements be waived in the event the agency or its authorized committee shall grant or deny the request within forty-five (45) days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The Municipal Agency may subsequently require correction of any information found to be an error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such information of any revisions in the accompanying documents so required by the Municipal Agency. (Ord. #686, S 13-3.3)

a. Application Fees.

1. Non-Refundable Application Fees. The developer shall, at the time of filing an application, pay a nonrefundable fee to the Borough of Red Bank by cash, certified check or bank draft. The fee to be paid shall be the sum of the fees for the component elements of the plat. Proposals requiring a combination of approvals such as subdivision, site plan, and/or variance, shall pay a fee equal to the sum of the fee for each element.

(a) Application for Development Permit $25.00

(1) For single and two-family dwellings $35.00

(2) Non-residential applications $50.00

(3) Residential/Commercial Applications for site plan/subdivision approval $50.00

(b) Application Fee - Minor Subdivision Approval

(1) Each Preliminary Submission $200.00

(3) Final Plat $150.00 per lot, minimum $300.00

(c) Application Fee - Major Subdivision Approval

(1) Reserved for future use

(2) Each Preliminary Submission $200.00

(3) Sketch Plat (Optional) $100.00 plus $10.00 per lot

(4) Preliminary Plat $250.00 per lot

(5) Final Plat $200.00 per lot

(d) Easements and other rights in Borough-owned Real Property

1. The following minimum prices shall be established for easements, licenses, and any other encroachments upon or encumbrances of Borough-owned lands, or rights of way:

(a) Access Easements: $3,500.00

(b) Major Encroachments (physical encroachments or encumbrances of more than 225 square feet): $2,000.00

(c) Minor Encroachments (physical encroachments or encumbrances of 225 square feet, or less): $1,500.00

(d) Utility or Drainage easements: $1,000.00

2. The Borough shall have the right to increase these minimum bids, at its discretion, upon a finding that special circumstances exist warranting an increase in the aforementioned minimum bids.

3. Nothing in this section shall otherwise restrict, or limit, the Borough from exercising any other rights or powers granted to it by the Local Lands and Buildings Law, N.J.S.A. §40A:12-1, et. seq.

**Webmasters Note: The subsection above (d) has been amended as per Ordinance No. 2006-50.

(2) Each Preliminary Submission $100.00

(3) Final Approval $250.00

(e) Application Fee - Major Site Plan Approval

(1) Reserved for future use

(2) Each Preliminary Submission $200.00

(3) Preliminary Approval

i. Residential (including Hotel, Motel, Multi-Family, Planned Residential and Community Residence, but not including Sheltered Care, Nursing Homes, or other Medical/Institutional Uses - the sum of

(i) For each new dwelling unit, remodeled dwelling unit, parking space, reconstructed or repaved parking space $50.00

(ii) For each ground sign eight (8') feet or greater in height $150.00

(iii) Other Uses. The sum of $200.00 plus

A. For each full 1,000 square feet of lot area, plus $50.00

B. For each full 1,000 square feet of proposed new gross floor area, plus $50.00

C. For each proposed new or additional parking space, plus $40.00

NOTE: The fee for structured parking will be calculated on the basis of spaces (ii) or floor area (iii), whichever is greater.

D. For each full 1,000 square feet of remodeled or gross floor area, plus $35.00

E. For each reconstructed, resurfaced or improved existing paved parking space, plus $20.00

F. For each ground sign eight (8') feet or greater in height $150.00

(4) Final Approval - Fifty (50%) percent of the fees for Preliminary Approval enumerated above

(f) Variances

(1) Appeals

i. Single and/or two (2) family residential uses $200.00

ii. Other $250.00

(2) Interpretation of the zoning regulations or map $200.00

(3) Hardship or bulk variance

i. Single and/or two (2) family residential uses $150.00

ii. Other, including "C" variances for signs $400.00 for first variance ($125.00 for each additional variance)

(4) Use variance

i. Proposed single and/or two (2) family residential uses $150.00

ii. Signs not permitted $200.00

iii. Other, including conditional use variance $750.00

(5) Building permit in conflict with official map or building permit for lot not related to a street $200.00

(g) Conditional Uses

(1) Signs $100.00

(2) Other $300.00

NOTE: When a sign which is a Conditional Use is part of an application for another Conditional Use, the fee shall be $300.00 total.

(h) Public hearing for those development applications which require public notice or hearing pursuant to Subsection 25-3.3d $75.00

(i) Reproduction of Records

(1) Duplication of tape recordings $75.00/ meeting

(2) Reserved for future use

(j) Change of Zone Request Application

(1) Residential to other residential $250.00

(2) Other $500.00

(k) Environmental Impact Report

For those development applications which require review of an EIR, pursuant to Subsection 25-8.13 $350.00

(l) Requests for administrative approval of changes $200.00

2. Escrow Funds Required to be Deposited with the Borough Toward Anticipated Expenses for Professional Services to Review Applications for Development, to Review and Prepare Documents and to Inspect Developments Under Construction.

(a) General.

(1) In addition to the submission of nonrefundable application filing fees, as set forth hereinbefore, development applications which meet the criteria established herein shall be accompanied by a deposit of escrow funds in accordance with the provisions of this section.

(2) Said escrow funds shall be utilized to cover the cost to the Borough of professional services rendered to the Borough for review of applications for development; review and preparation of documents; inspections of developments under construction; and review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Borough. Professional fees and salaries incurred in connection with the review of an application, plans, consultations, site inspections, written reports, resolution preparation, meeting attendance, general preparation, research, testimony, and other work performed by the Board Planner, Attorney, Borough Engineer, Consulting Engineer, Health Officer, and any other professional consulting services, such as a professional traffic consultant, that may be required due to the nature of the application. Escrow funds deposited with the Borough as provided for in this subsection shall not be utilized to pay inspection costs required during the construction process.

(b) Escrow Amounts. Escrow funds in the amounts specified herein shall be required relative to the following applications:

(1) All applications for developemt, $500.00

(2) Sketch Plat for Major Subdivision, Minor Subdivision, Preliminary Major Subdivision Approval for Residential Use

(3) Final Major Subdivision Approval and Final Site Plan Approval for Residential Use

(4) Nonresidential Preliminary Site Plan Approval Inclusive of Minor Site Plan

(5)Sketch Plat for Major Subdivision, Minor Subdivison, Preliminary Major Subdivison Approval for Residential Use

(6) Any application having more than one of the above categories shall deposit cumulative amounts.

(7) Requests for- extensions of time to commence development, or file subdivision maps, one hundred fifty ($150.00) dollars.

8) Review of Performance and Maintenance Guarantees. If a performance or maintenance guarantee, or bond, is required, $350.00 for review and preparation of resolutions accepting and releasing of same by the Borough Attorney.

(9) Developer's Agreements. If a Developer's Agreement is required by the Planning Board or Zoning Board of Adjustment, $3,500.00 for legal fees for the review of pertinent documents, meeting attendance, drafting and preparation of the Developer's Agreement and Resolutions implementing same.

(10) An additional reasonable escrow shall be required for sites requiring extraordinary review, based upon the scale and complexity of the proposed development. For example, traffic-intensive or stormwater-intensive sites shall require additional reasonable escrow. This additional escrow shall be established by the Administrative Officer and Borough Engineer after consultation with the reviewing professionals.

**Webmasters Note: The subsection above (b) has been amended as per Ordinance No. 2006-21

(c) Procedural Requirements.

(1) An applicant appearing initially before the Planning Board or Zoning Board of Adjustment shall deposit all escrow funds called for in the within section before said appearance. No conference, meeting or hearing with the applicant shall be held by the said Boards or any committees or professionals until all escrow funds and required fees have been deposited. The escrow sums must be in the form of cash, certified or bank's cashier check or money order. All deposits of escrow funds shall be made to the Borough Administrative Official and payable to the Borough of Red Bank.

(2) Additional escrow funds may be required of the applicant when the escrow has been depleted to twenty-five (25%) percent of the original escrow amount. The Chief Financial Officer shall notify the Director of Planning and Zoning when escrow funds have been depleted to the aforementioned amount. The Chief Financial Officer shall provide the applicant with a notice of insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall, within a 21-day period from date of notification post a deposit to the account in an amount to be agreed upon by the Borough and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.

(3) Deposits received from any developer pursuant to this subsection 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 on time or savings deposits. 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. Escrow account 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) The Chief Financial Officer of the Borough shall make all of the payments to professionals for services rendered to the Borough or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. Such fees or charges shall be based upon a schedule established by resolution or resolutions as adopted from time to time by the governing body for professional services.

(5) All disbursements to consulting professionals, Borough professionals and Borough employed professionals for services involved in processing an application which required escrow account deposits shall be charged against the escrow account.

(6) Each payment charged to the escrow deposit for review of the applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional. Said voucher shall identify the personnel performing the service, the date, the services performed, the hours spent to not greater than 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 Borough on a monthly basis and in accordance with schedules and procedures established by the Chief Financial Officer of the Borough.

(7) If the services are provided by a Borough employee, the employee shall prepare and submit to the Chief Financial Officer a statement containing the same information as required on the voucher, on a monthly basis.

(8) The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the Borough simultaneously to the applicant.

(9) 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 ac- count. 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.

(10) 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. The Borough shall not bill the applicant, or charge an escrow account or deposit, for any Borough clerical or administrative functions, overhead expenses, meeting room charges, or any other costs and expenses, except as provided for in this ordinance, nor shall a Borough professional add any such charges to his bill.

(11) A professional shall not review items which are subject to approval by any State agency and not under municipal jurisdiction except to the extent that consultation with a State agency is necessary due to the effect of State approval on the subdivision or site plan.

(12) 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 conditions of approval, or review of requests for modifications or amendment made by the applicant.

(13) If the Borough retains a different professional or consultant in the place of the professional originally responsible for development application review or inspection of improvements, the Borough shall be responsible for all time and expenses of the new professional to become familiar with the application or project and shall not bill the applicant or charge the deposit or the escrow account for any such services.

(14) If the salary, staff support and overhead for a Borough professional are provided by the municipality, the charge shall not exceed two hundred (200%) percent of the sum of the product resulting from multiplying (1) the hourly base salary of the professional by (2) 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. For other professionals the charge shall be at the same rate as all other work of the same nature by the professional for the municipality when fees are not reimbursed or otherwise imposed on applicants or developers.

(d) Inspection Fees.

(1) Inspection fees shall be charged only for actual work shown on a subdivision or site plan required by the Borough. 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.

(2) The developer shall be required to deposit funds into an escrow account for the inspection fees pursuant to Subsection 25-3.4c.

(3) The amount of monies to be deposited with the Borough shall be as set forth in Subsection 25-3.4b of this Chapter.

(4) The terms and provisions of Subsection 25-3.4-a, 2(d), Inspection-Fees, shall be retroactive to January 1, 1997, except that it shall not apply to those inspection fees paid to the Borough under the terms and provisions of a Land Use Developer's Agreement, if any, whereby it was agreed by the developer that said inspection fees would be treated as a flat, non-escrow inspection fee.

(e) Refund of Monies in Escrow Account. The following close out and refund procedure shall apply to all deposits and escrow accounts established under the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and shall commence after the Borough 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 the case of improvement inspection escrows and deposits and the Borough has further determined that there is no longer any need to retain any escrow account:

(1) The applicant shall send written notice by certified mail to the Borough Chief Financial Officer and to the Director, Planning and Zoning, as well as to the relevant Borough professional, that the application or the improvements, as the case may be, are completed.

(2) After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer within thirty (30) days and shall send a copy simultaneously to the applicant.

(3) The Chief Financial Officer shall render a written final accounting to the applicant on the uses to which the escrow account deposit was put within fortyfive (45) days after the receipt of the final bill.

(4) Any balances remaining in the deposit or escrow account, including interest in accordance with the requirements of N.J.S.A. 40:55D-53.1, shall be refunded to the developer along with the final accounting.

(5) In the event that an applicant requests a refund of any balances remaining in a deposit or escrow account and it is necessary for the Borough to provide additional professional services or inspection services relating to that development application, it will be necessary for developer to post a new deposit or escrow amount pursuant to this Ordinance as if it were a new development application.

(6) The Borough 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, that entire amount shall belong to the developer and shall be refunded to him by the Borough 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 Borough may retain for administrative expenses a sum equivalent to not 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 pertaining to the escrow account.

(f) Dispute of Charges.

(1) An applicant shall notify in writing the Borough Council with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for services rendered to the Borough in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to the provisions of P.L. 1975, c. 291 (C. 40A:55D-1, et seq.).

(2) The governing body or its designee shall, within a twenty-one (21) day period attempt to remediate any disputed charges. In the event that the matter is not resolved to the satisfaction of the applicant, the applicant may appeal, in writing, to the County Construction Board of Appeals established under Section 9 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-127).

(3) An applicant filing an appeal shall simultaneously send a copy to the Borough approving agency, and any professional whose charge is the subject of the appeal.

(4) Any appeal shall be filed within fortyfive (45) days from receipt of the informational copy of the professional's voucher, except that if the professional has not supplied the applicant with the 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.

(5) 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 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 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, the Chief Financial Officer of the municipality shall reimburse the deposit or escrow amount 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 the municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.

b. Non-Refundable Inspection Fees.

1. Minor Site Plan. No inspection fee shall be required for a minor site plan unless bonded improvements are required as part of the site plan approval. If a minor site plan requires bonded improvements an inspection fee of three hundred fifty ($350.00) dollars shall be paid by the applicant.

2. Major Site Plan. Required inspection fees shall be paid prior to issuance of a development permit or signing of a final plat or, when authorization has been granted pursuant to the provisions of this Chapter, prior to the start of construction of any improvements before final plat approval. Such fees shall be paid for the section or sections for which final approval has been granted or in which the developer proposes to install improvements prior to final approval.

Inspection fees for Major Site Plan shall be:

(a) The same as those required for Major Subdivisions for all bonded improvements.

(b) Sixty-five (65%) percent of those set forth for Major Subdivisions for the balance of all site improvements not included in a. above.

3. Off-Site Public Improvements in Connection with Site Plans or Subdivisions. Inspection fees shall be the same as those required for Major Subdivisions.

4. Major Subdivisions. Required inspection fees shall be paid prior to issuance of a development permit or signing of a final plat, or where authorization has been granted pursuant to the provisions of this Chapter, prior to the start of construction of any improvements before final plat approval. Such fees shall be paid for the lots in the section or sections granted in which the developer proposes to install improvements prior to final approval.

Inspection fees for Major Subdivisions shall be determined from the following table:

5. Supervising Engineer. In the event the developer retains a Supervising Engineer throughout construction and the Supervising Engineer does, in the opinion of the Borough Engineer, properly perform the duties set forth in this Chapter, the developer shall receive, at the time of issuance of a permanent Certificate of Occupancy, a refund of forty (40%) percent of the above fees.

c. Additional Inspection Fee Escrow for Excess Borough Expenses.

1. If the Municipal Agency determines that a proposed development involves unusual or complicated aspects which could result in expenses to the Borough in excess of the inspection fees set forth above, the Municipal Agency may, as a condition of final approval, require the developer to provide an additional escrow deposit. Expenses in excess of the normal inspection fees may be deducted from the escrow deposit. Any balance shall be returned to the applicant upon release of performance guarantees and/or issuance of a final certificate of occupancy. In determining the amount of any escrow required, the Municipal Agency may consider: the duration and size of the project; unusual design aspects; the degree and extent of municipal inspection required and the extent of conformity to normal municipal design standards.

2. For those developments for which the reasonably anticipated fees are less than ten thousand ($10,000.00) dollars, fees may, at the option of the developer, be paid in two (2) installments. The initial amount deposited by a developer shall be fifty (50%) percent of the reasonably anticipated fees. When the balance on deposit drops to ten (10%) percent of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall deposit the remaining fifty (50%) percent of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are ten thousand ($10,000.00) dollars or greater, fees may, at the option of the developer, be paid in four (4) installments. The initial amount deposited by a developer shall be twenty-five (25%) percent of the reasonably anticipated fees. When the balance on deposit drops to ten (10%) percent of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall make additional deposits of twenty-five (25%) percent of the reasonably anticipated fees. The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.

d. Reserved for future use.

e. Revised Plats. Any proposed revisions to a plat, including all supporting maps and documents, previously approved by the Planning Board or Board of Adjustment, which approval is still in effect, shall require submission of a revised plat and payment of fees in accordance with the following.

1. Where charges in the plat are requested by the Municipal Agency or Borough Engineer, no fees need be paid and only sufficient copies of the plat incorporating the changes as may be necessary for distribution, need be submitted.

2. Where there are only minor changes in the plat proposed by the applicant or required by another governmental agency, where approval was a condition of the Planning Board or Board of Adjustment approval, which do not involve any additional building or parking or significant change in the design of the site or subdivision, an application fee of two hundred ($200.00) dollars will be required along with sufficient copies of the plat incorporating the changes as may be necessary for distribution.

3. Where there are changes in the plat proposed by the applicant, or required by another governmental agency whose approval was a condition of the Municipal Agency approval, which involve additional building or parking or a significant change in the design of the site or subdivision, an application fee equal to one-half (1/2) the fee required for the initial submission, will be required along with sufficient copies of the plat incorporating the changes as may be necessary for distribution.

4. Where the proposed changes involve a change in use and/or major alteration of the design concepts of the plat approved by the Municipal Agency, it shall be considered a new application and shall require the full payment of fees as set forth in this section for new applications for development.

5. Where revisions in the plat only involve additional information required as a condition of a previous approval, no additional fees shall be required.

f. Request for Reapproval or Extension of Time.

1. Minor subdivisions and site plans $25.00

2 Major subdivisions and site plans $50.00

3. Other applications for development $25.00

g. Tax Map Revision Fees.

1. When an application for development requires revisions to the Borough's tax maps, which may include costs in regard. to reviewing deeds and revising said maps in addition to costs incurred by the Borough's Assessor's office in establishing additional line items; the following fees will be paid prior to or as a condition of final approval or issuance of a development permit.

2. Where an applicant sells or leases property necessitating subsequent revisions to the Borough's tax maps, the applicant or present owner (if different from the applicant) shall be responsible for additional tax map revisions. Subsequent fees shall be the same as above and paid prior to the issuance of a certificate of occupancy for each new unit.

(Ord. #681, S 13-3.4; New; Ord. #1997-28, SS 1-3; Ord. #2003-10, S 1)