K. Separation of applications. A developer whose proposed development requires a variance or direction of the issuance of a permit may elect to submit a separate application requesting the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate granting of the variance or direction of the issuance of a permit shall be conditioned upon the granting of all required subsequent approvals by the same approving authority. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and this chapter. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided in the chapter for the approval in question, and any special vote shall not be required. In the event that the developer elects to submit separate consecutive applications, the time period for granting or denying each separate application shall be as provided in Subsection J above.
A. Development permit.
(1) Development permits shall hereafter be secured from the administrative officer (Zoning Officer) prior to:
(a) The filing of or recording a deed of or resubdivision of any land; a subdivision application for; and/or an application for and/or issuance of any building permit.
(b) The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure.
(c) Application for and/or issuance of any permit for a new or expanded or relocated sign.
(d) Application for and/or issuance of any permit for erection of a fence in conjunction with any nonfarm use.
(e) Any change in use or occupancy (as herein defined) of any building, structure or land.
(f) Any alteration exceeding five thousand (5,000) square feet in the natural condition of any undeveloped parcel of land, including but not limited to the alteration of drainage patterns, removal of soil, regrading and removal of trees and ground cover; provided, however, that such alterations located on and necessary to the operation of a farm as defined in this chapter shall not require a development permit.
(g) Any use of any portion of any parcel of land for any activity regulated by this chapter.
(h) The construction of any site improvement either above or below ground.
(i) The issuance of any certificate of occupancy where no building permit was previously required.
The excavation, removal or addition of soil or fill to or from any site exceeding ten (10) cubic yards.
(2) Prior to issuance of a development permit, the applicant shall have, where applicable, secured other required permits, including but not limited to:
(a) An access permit from the New Jersey Department of Transportation and/or Monmouth County Engineering Department.
(b) A drainage permit from the New Jersey Department of Transportation.
(c) A stream encroachment permit from the New Jersey Department of Environmental Protection.
(d) A Coastal Area Facilities Review Act (CAFRA) permit from the New Jersey Department of Environmental Protection.
(e) A wetlands permit from the New Jersey Department of Environmental Protection.
(f) A riparian construction permit from the New Jersey Department of Environmental Protection.
(g) The required permits from the United States Army Corps of Engineers and United States Coast Guard.
(h) A sewerage and/or industrial waste treatment permit from the New jersey Department of Environmental Protection.
(i) A land disturbance permit from the Freehold Area Soil Conservation District.
(j) New Jersey State floodplain encroachment permit. [Added 12-13-1993 by Ord. No. 670]
(k) A letter of approval from the Monmouth County Sewerage Authority. [Added 12-13-1993 by Ord. No. 670]
(3) Prior to the issuance of a development permit, the applicant shall have secured all approvals required by this chapter and shall have met any and all conditions of any municipal agency approval.
B. Certificates as to approval of subdivision of land.
(1) The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision three (3) years preceding the effective date of N.J.S.A. 40:55D-1 et seq., may apply, in writing, to the administrative officer for issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name and the owner thereof.
(2) The administrative officer (Planning Board Clerk) shall make and issue a certificate within fifteen (15) days after the receipt of such written application and the fees therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.
(3) Each such certificate shall be designated as a "certificate as to approval of subdivision of land" and shall certify:
(a) Whether there exists in the borough a duly established Planning Board and whether there is an ordinance controlling subdivision of land and adopted under the authority of N.J.S.A. 40:55D-1 et seq.
(b) Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof, showing that the subdivision of which the lands are a part is a validly existing subdivision.
(c) Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided by N.J.S.A. 40:55D-1 et seq.
(4) The administrative officer shall be entitled to demand and receive for such certificate issued a reasonable fee not in excess of those provided in N.J.S.A. 54:5- 14 and 54:5-15. The fees so collected by such official shall be paid to the borough.
(5) Any person who shall acquire for a valuable consideration an interest in the lands covered by such certificates of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the borough pursuant to the provisions of N.J.S.A. 40:55D-55.
(6) If the administrative officer designated to issue any such certificate fails to issue the same within fifteen
(15) days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the borough pursuant to N.J.S.A. 40:55D-55.
(7) Any such application addressed to the Borough Clerk shall be deemed to be addressed to the proper designated officer, and the borough shall be bound thereby to the same extent as though the same was addressed to the designated official.
C. Building permit. No building or structure shall be erected, restored, added to or structurally altered until a permit therefor has been issued by the Construction Official. All applications for such permits shall be in accordance with the requirements of the New Jersey State Uniform Construction Code. No building permit shall be issued unless the applicant shall have first secured a development permit.
(1) Development permit required. No certificate of occupancy shall be issued for the use of any building, structure or land unless a development permit shall have first been issued for the use of such building, structure or land.
(2) New uses. No building, structure or land shall be occupied or used until such time as a certificate of occupancy is issued by the Construction Official. Such certificates shall be issued upon application by the owner, prospective occupant or purchaser only after the Construction Official determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of the Uniform Construction Code and other codes and ordinances affecting construction and occupancy. A temporary certificate of occupancy may be issued pursuant to the provisions of this chapter, including specifically but not limited to § 94-7.8, for any structure or use for which site plan approval has been secured, but not all conditions of approval have been complied with.
(3) Existing uses at the time of passage of this chapter. Upon written request from the owner, tenant, occupant or purchaser under contract, the Construction Official, after inspection, shall issue an occupancy permit for a use legally existing at the time this chapter is made effective, certifying the extent and kind of use and whether any such existing use conforms to the provisions of this chapter.
(4) Change of use. Whenever there occurs a change in the occupancy or use (as herein defined) of nonresidential building, structure or land, a new certificate of occupancy shall be applied for, to ensure compliance with all applicable codes and ordinances. The Construction Official may issue such certificate if the administrative officer determines that such change in occupancy or use is not a change in use as herein defined and determines, therefore, that a development permit is not required, provided that the applicant has met the requirements of the applicable regulations.
(5) Scope of certificate of occupancy. The certificate of occupancy shall contain sufficient information as to the extent and kind of use or uses, such that any future investigation of the premises would disclose the extent to which a use was altered. It shall also indicate whether such use is a permitted or nonconforming use and the extent to which the use does not conform to the provisions of this chapter.
(6) Improvement required. No permanent certificate of occupancy shall be issued until all required improvements have been installed in accordance with the provisions of this chapter. A temporary certificate of occupancy may be issued to permit occupancy for a period not to exceed one (1) year. If. at the end of that period, the required improvements have not been completed, the occupancy permit becomes null and void and the owner may be subject to the penalties herein defined by this chapter.
E. Soil erosion and sediment control plan certification. Where required, a soil erosion and sediment control plan certification shall be obtained from the Freehold Area Soil Conservation District prior to subdivision or the erection of any structure or the alteration of the existing grade on any lot. No such certification shall be valid until a development permit shall have first been issued for the subdivision, building, structure or use.
[Amended 12-13-1993 by Ord. No. 670]
A. It shall be the duty of the Zoning Officer to keep a record of all applications, all actions of the municipal agencies, all complaints, all violations noted and a record or any action taken thereon and all development permits issued, together with a notation of all special conditions involved. He shall file and safely keep all copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the Borough Council and of other officials of the borough.
B. The Zoning Officer shall prepare a monthly report for the borough, summarizing for a period since the last previous report all development permits issued and all complaints of violations and the action taken consequent thereon. A copy of each such report shall be filed with the Borough Clerk, Tax Assessor, Planning Board, Zoning Board of Adjustment, Code Enforcement Officer, Construction Official and Engineer at the same time it is filed with the Borough Council.
[Amended 11-14-1988 by Ord. No. 585]
A. The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the administrative officer (Zoning Officer), who shall have such powers as are conferred by this chapter and as reasonably may be implied. The administrative officer (Zoning Officer) shall be appointed by the Mayor, with the advice and consent of the Borough Council. In no case shall a development permit be granted for a subdivision or the construction of or alteration of any building or site where the proposed construction, alteration or use thereof would be in violation of any provisions of this chapter. It shall be the duty of the administrative officer (Zoning Officer) to cause any building, plans or premises to be inspected or examined and to order, in writing, the remedying of any conditions found to exist in violation of this chapter, and the officer shall have the right to enter any buildings or premises during the daytime or other normal business hours of the premises in the course of performing these duties. [Amended 7-11- 1994 by Ord. No. 6961
B. The duty of enforcing the provisions of this chapter is also hereby conferred upon the Code Enforcement Officer, who shall have such powers as are conferred by this chapter and as reasonably may be implied. It shall be the duty of the Code Enforcement Officer to cause any building or premises to be inspected or examined and to order, in writing, the remedying of any conditions found to exist in violation of this chapter, and the Code Enforcement Officer shall have the right to enter any building or premises during the daytime or other normal business hours of the premises in the course of performing these duties.
In the application and interpretation of this chapter. all provisions hereof shall be held to be minimum standards or requirements adopted for the promotion of the public health, safety, convenience and general welfare of the borough. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or those imposing the higher standard shall govern.
Chapters 81 and 94 of the Code of the Borough of Shrewsbury are hereby repealed in their entirety, and any portions of other ordinances which contain provisions inconsistent with this chapter are hereby repealed to the extent of such inconsistency, except as provided by § 94-5.1 and except that any building permit, variance, special use permit, occupancy permit or other permit validly issued pursuant to any such ordinance shall remain valid and effective and shall continue to be governed by the terms and conditions of such ordinance.
A. For any and every violation of the provisions of this chapter, the applicant, subdivider, developer, owner, general agent or contractor of a building or premises where such violation has been committed or shall exist and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist and the owner, general agency, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist and the general agent, architect, building contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist shall, for each and every day that such violation shall exist and for each and every day that such violation continues, be subject to a fine of not more than one thousand dollars ($1,000.) or be imprisoned for a term not exceeding ninety (90) days, or both.
B. Subdivision of land.
(1) If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this chapter pursuant to N.J.S.A. 40:55D-1 et seq., such person shall be subject to a penalty not to exceed one thousand dollars ($1,000.), and each lot disposition so made may be deemed a separate violation.
(2) In addition to the foregoing, the borough may institute and maintain a civil action:
(a) For injunctive relief; and
(b) To set aside and invalidate any conveyance made pursuant to such a contract of sale, provided that a certificate has not been issued in accordance with § 94-3.4B of this chapter.
(3) In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors to secure the return of any deposits made or purchase price paid and, also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two (2) years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six (6) years, if unrecorded.
C. If, after final approval, it is discovered that there was any misrepresentation of any statements or proofs contained in any plat or in any application for approval or in any representations made to induce approval, the municipal agency or the Borough Council may, in addition to such other sanctions as are available in the law, revoke the approval of any plat and proceed as if final approval had not been obtained.
D. If the developer or agent of the developer shall, after notification by certified mail from the Borough Engineer to cease the construction of improvements, cease the use of certain construction methods and procedures or cease the use of or lack of use of site maintenance methods and procedures which may result in hazards to life, health or property or continue to carry on the activities specifically included in cessation order(s) from the Borough Engineer, then any such developer or agent of such developer shall be subject to a fine not to exceed five hundred dollars ($500.) or to imprisonment for not more than ninety (90) days. Each and every day that a developer or agent of a developer operates in violation of this chapter after issuance of a cessation order by the Borough Engineer shall be considered a separate and specific violation.
[Amended 12-13-1993 by Ord. No. 670]
A. All amendments to this chapter and to the Zoning Map and schedule, which form a part hereof,' shall be adopted in accordance with the provisions of N.J.S.A. 40:55D-1 et seq., as amended and supplemented. The map and schedule of area, yard and building requirements may be amended and supplemented by description and reference thereto, without reproduction of the entire Zoning Map or detailed text of the schedule.
B. A protest against any proposed amendment or revision of a zoning ordinance may be filed with the Borough Clerk, signed by the owners of twenty percent (20%) or more of the area either of the lots or land included in such proposed change, or of the lots or land extending two hundred (200) feet in all directions therefrom inclusive of street space, whether within or without the borough. Such amendment or revision shall not become effective following the filing of such protest except by the favorable vote of two-thirds (2/3) of all the members of the Borough Council.
If any section, paragraph, subdivision, clause or provision of this chapter shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this chapter shall be deemed valid and effective.
A. After the effective date of the ordinance adopting this chapter, all new applications for development shall be subject to the provisions of this chapter. Within forty-five
(45) days of submission of any application for development, the administrative officer shall notify the developer in writing if an application for development is found to be incomplete, or it shall be deemed to be properly submitted and constitute a complete application forty-five (45) days after the submission. If a developer is notified that an application for development is incomplete, the administrative officer shall further notify the developer within forty-five (45) days of submission of all the additional plans and supporting documentation requested if an application for development is still found to be incomplete, or it shall be deemed to be properly submitted and constitute a complete application forty-five (45) days after submission of all the additional plans and supporting documentation requested.
B. All applications for development filed prior to the effective date of this chapter may be continued, subject to the following;
(1) The time limits for approval by the municipal agency set forth within this chapter shall not apply unless the developer shall notify the municipal agency, in writing, that he desires the application to be considered within such time limits. Such letter of notification from the developer shall constitute the filing of a new application for development subject to the provisions of Subsection A of this section and all other provisions of this chapter.
(2) If the developer does not notify the municipal agency that he desires the application for development to be considered within the time limits set forth in this chapter, such application for development shall be processed and acted upon pursuant to the procedures heretofore in effect at the time of such application.
(3) All approvals granted after the effective date of this chapter shall confer upon the applicant all the rights set forth in this chapter.
Upon adoption of this chapter or other development regulations, except for an Official Map, and any amendments thereto, the Borough Clerk shall file a copy of this chapter and any amendments thereto with the Monmouth County Planning Board as required by N.J.S.A. 40:55D-16. Development regulations, except for an Official Map, shall not take effect until a copy thereof shall be filed with the Monmouth County Planning Board. A land use and development (zoning) ordinance or amendment or revision thereto which, in whole or in part, is inconsistent with or not designed to effectuate the land use plan element of the Borough Master Plan shall not take effect until a copy of the resolution required by N.J.S.A. 40:55D-62 shall be filed with the Monmouth County Planning Board. An Official Map shall not take effect until filed with the county recording officer. Copies of all development regulations and any revisions or amendments thereto shall be filed and maintained in the office of the Borough Clerk.
[Amended 7-11-1994 by Ord. No. 697]
The developer shall, at the time of filing an application, pay a nonrefundable fee to the Borough of Shrewsbury by cash, certified check or bank draft in accordance with the current fee schedule adopted by the Borough Council on file in the Borough Clerk's office. The fee to be paid shall be the sum of the fees for the component elements of the plat or plan. 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. Additional fees may be assessed for extraordinary review costs not otherwise covered by this section. The amount of any fees for an informal review shall be a credit towards fees for the review of the application for development.
A. Application for development permit: twenty-five dollars ($25.).
B. Minor subdivision approval. (See § 94-2.3 for definition of "minor subdivision.")
(1) Each informal review: twenty-five dollars ($25.).
(2) Application fee: fifty dollars ($50.).
(3) Plat review fee: one hundred twenty-five dollars ($125.).
C. Major subdivision approval.
(1) Each informal review: twenty-five dollars ($25.).
(2) Preliminary application fee: fifty dollars ($50.).
(3) Preliminary plat review fee: one hundred dollars ($100.) per lot.
(4) Final plat application fee: twenty-five dollars ($25.).
(5) Final plat review fee: fifty dollars ($50.) per lot.
D. Minor site plan approval. (See § 94-2.3 for definition of "minor site plan.")
(1) Each informal review: twenty-five dollars ($25.).
(2) Application fee: fifty dollars ($50.).
(3) Approval review fee: two hundred dollars ($200.) per lot.
(4) Waiver of minor site plan: one hundred twenty-five dollars ($125.). [Added 12-13-1993 by Ord. No. 670]
E. Major site plan approval.
(1) Each informal review: seventy-five dollars ($75.).
(2) Preliminary application fee: one hundred fifty dollars ($150.).
(3) Preliminary approval review fees: the sum of the applicable fees below:
(a) Residential (including community residence, but not including sheltered care, nursing homes or other medical/institutional uses), the sum of [1] For each new dwelling unit: twenty-five dollars ($25.).
[2] For each remodeled, reconstructed, refurbished or rehabilitated dwelling unit: fifteen dollars ($15.).
[3] For each new or additional parking space:
[a] First one hundred (100) spaces: ten dollars ($10.) per space.
[b] Over one hundred (100) spaces: five dollars ($5.) per space.
[4] For each reconstructed, surfaced or improved existing paved parking space: five dollars ($5.) per space.
(b) Other uses, the sum of one hundred dollars ($100.), plus:
[1] For each full one thousand (1,000) square feet of affected lot area:
(a] First fifty thousand (50,000) square feet: five dollars ($5.) per one thousand (1,000) square feet.
[b] Over fifty thousand (50,000) square feet: two dollars ($2.) per one thousand (1,000) square feet.
[2] For each full one thousand (1,000) square feet of proposed new gross floor area:
[a] First fifty thousand (50,000) square feet: twenty-five dollars ($25.) per one thousand (1,000) square feet.
[b] Over fifty thousand (50,000) square feet: ten dollars ($10.) per one thousand (1,000) square feet.
[3] For each proposed new or additional parking space:
[a] First one hundred (100) spaces: ten dollars ($10.) per space.
[b] Over one hundred (100) spaces: five dollars ($5.) per space.
[4] For each one thousand (1,000) square feet of remodeled existing gross floor area: five dollars ($5.) per space.
[5] For each reconstructed, resurfaced or improved existing paved parking space: five dollars ($5.).
[6] For each proposed freestanding sign: fifty dollars ($50.).
(4) Final application fee: seventy-five dollars ($75.).
(5) Final approval review fees: fifty percent (50%) of the fees for preliminary approval noted above.
(6) Waiver of major site plan: one hundred twenty-five dollars ($125.). [Added 12-13-1993 by Ord. No. 670]
F. Variances.
(1) Appeals.
(a) Single- and/or two-family residential uses: thirty-five dollars ($35.).
(b) Other: seventy-five dollars ($75.).
(2) Interpretation of the Land Use and Development Zoning Regulations or Map: fifty dollars ($50.).
(3) Hardship or bulk variance.
(a) Single- and/or two-family residential uses: ten dollars ($10.) per variance, with a minimum of fifty dollars ($50.).
(b) Other: twenty-five dollars ($25.) per variance, with a minimum of fifty dollars ($50.).
(a) Proposed single- and/or two-family residential uses: fifty dollars ($50.).
(b) Other than Subsection F(4)(a) above uses with floor areas totaling five thousand (5,000) square feet or less: three hundred dollars ($300.).
(c) Uses other than Subsection F(4)(a) above with floor areas totaling five thousand (5,000) square feet or more: five hundred dollars ($500.).
(5) Building permit in conflict with Official Map or building permit for lot not related to a street: one hundred dollars ($100.).
G. Conditional uses: two hundred fifty dollars ($250.), plus site plan, variance and other fees listed above.
GA General development plan, application fee: $500. [Added 11-13-1995 by Ord. No. 708]
H. Public hearing. For those development applications which require a public notice or hearing pursuant to § 94-3.3D: fifty dollars ($50.).
I. Reproduction of records.
(1) Duplication of tape recordings: seventy-five dollars ($75.) per meeting.
(2) Use of tape recordings for transcript purposes (appellant to supply stenographer to make transcript): seventy-five dollars ($75.) per meeting.
J. Change of Master Plan or zone district request application.
(1) Single-family residential to other single-family residential: one hundred dollars ($100.).
(2) Single-family residential to multifamily, commercial, industrial, office research or other nonsingle-family zone: one hundred dollars ($100.), plus twenty-five dollars ($25.) per acre for each acre over five (5) acres.
K. Environmental impact report (EIR). For those development applications which require review of an EIR pursuant to § 94-8.15: two hundred fifty dollars ($250.).
L. Professional review costs. [Amended 7-8-1991 by Ord. No. 626]
(1) Professional review costs for the attorney, planner, engineer or other professional or expert retained on behalf of the Borough of Shrewsbury for the purpose of review, analysis, inspection or preparation of documents shall be charged to and shall be paid by the applicant. The borough shall make all of the payments to professionals for services rendered to the borough for review of applications for development, review and preparation of documents, inspection of site or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. The applicant shall deposit with the borough the amount prescribed by Subsection L(3) below. The deposit shall be placed in an escrow account pursuant to N.J.S.A. 40:55D-53.1.
(2) An applicant shall be responsible to reimburse the borough for:
(a) All expenses of professional personnel incurred and paid by it necessary to process an application for development before a municipal agency, such as, but not by way of limitation:
[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.
[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 or the like.
[6] Preparation for and attendance at special meetings.
(b) The cost of expert advice or testimony obtained by the municipal agency for the purpose of corroborating testimony of the applicant's experts.
(c) General development plans: $2,500. [Added 11-13-1995 by Ord. No. 708]
(3) Deposit of costs.
(a) The applicant shall, at the time of filing an application, be required to post the following minimum amounts to cover professional review costs:
[1] Minor subdivision application involving no variances or exceptions, including any applications for waiver of site plan approval: seven hundred fifty dollars ($750.).
[2] For all other applications not listed in Subsection L(3)(a)[1] above: two thousand dollars ($2,000.).
(b) These funds shall be placed in a separate account by the Borough Treasurer at the direction of the Planning Board Clerk, and an accounting shall be kept of each applicant's deposit. All professional charges shall be paid from the account and charged to the applicant. Any moneys not expended for professional services shall be returned to the applicant upon final approval, denial or withdrawal of the application. If, at any time during the procedure, eighty percent (80%) of the moneys posted shall have been expended, the applicant shall be required to post such additional sums not to exceed two thousand dollars ($2,000.) for major subdivision and site plans and seven hundred fifty dollars ($750.) for minor subdivisions as may be required by the Planning Board.
(c) 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. The borough shall render a written final accounting to the developer on the uses to which the deposit was put. Thereafter, the borough shall, upon written request, provide copies of the vouchers to the developer. If the salary, staff support and overhead for a professional are provided by the borough, the charge to the deposit shall not exceed two hundred percent (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 developer's improvements, as the case may be. For other professionals, the charge to the deposit shall be at the same rate as all other work of the same nature by the professional for the borough.
(d) The applicant shall not be entitled to proceed with the application until such time as the necessary moneys have been posted to guarantee payment of professional service fees.
(4) No plat or site plan shall be signed nor shall any zoning permits, building permits, certificates of occupancy or any other types of permits be issued with respect to any approved application for development until all bills or reimbursable services have been received by the borough from professional personnel rendering services in connection with such application and payment has been approved by the Borough Council unless the applicant shall have deposited with the Borough Clerk an amount agreed upon by the applicant and the municipal agency which is likely to be sufficient to cover all reimbursable items; and upon posting said deposit with the Clerk, the appropriate maps or permits may be signed and released or issued to the developer. If the amount of the deposit exceeds the actual cost as approved for payment by the Borough Council, the developer shall be entitled to a return of the excess deposit, together with such interest as allowed by N.J.S.A. 40:55D-53.1; but if the charges submitted and approved by the governing body exceed the amount of the deposit, the developer shall be liable for payment of such deficiency.
(5) No professional personnel submitting changes to the municipality for any of the services referred to in Subsection L(2)(a) above shall charge for any of the services contemplated by that subsection at any higher rate or in any different manner than would normally be charged the municipality for similar work.
(6) Deposits received from any developer pursuant to Subsection L(3) 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 The borough shall not be required to refund an amount of interest paid on a deposit which does not exceed one hundred dollars ($100.) for the year. If the amount of interest exceeds one hundred dollars ($100.), that entire amount shall belong to the applicant and shall, be refunded to him by the municipality annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be, except that the municipality may retain for administrative expenses a sum equivalent to no more than thirty-three and one-third percent (33 1/3%) of that entire amount, which shall be in lieu of all other administrative and custodial expenses.
M. Inspection fees for major site plans and subdivisions. The obligor shall reimburse the borough for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements, provided that the borough may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of five hundred dollars ($500.) or five percent (5%) of the cost of improvements, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4. For those developments for which the reasonably anticipated fees are less than ten thousand dollars ($10,000.), fees may, at the option of the developer, be paid in two (2) installments. The initial amount deposited by a developer shall be fifty percent (50%) of the reasonably anticipated fees. When the balance on deposit drops to ten percent (10%) of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Borough Engineer for inspection, the developer shall deposit the remaining fifty percent (50%) of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are ten thousand dollars ($10,000.) 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 percent (25%) of the reasonably anticipated fees. When the balance on deposit drops to ten percent (10%) of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Borough Engineer for inspection, the developer shall make additional deposits of twenty-five percent (25%) of the reasonably anticipated fees. The Borough Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit. [Amended 12-13-1993 by Ord. No. 670]
N. Reproduction and Tax Map revision fees. [Amended 7-15-1995 by Ord. No. 707]
(1) The applicant shall provide for a complete set of reproductible (Mylar) copies of the approved plans and filed map or maps.
(2) Escrow fees shall be posted with the borough to cover the costs of the Borough Engineer for revisions to the Borough Tax Maps in accordance with the fees listed below:
(a) Escrow Fee Schedule. No application can proceed until escrow deposit moneys have been posted with the borough. Any remaining escrow moneys not allocated for the above will be returned to the applicant as soon as possible after completion.
[1] Multifamily, single-family lots, condominium units and commercial units (minimum scale: one inch equals 100 feet):
[2] An additional escrow deposit of $1,000 for each additional Tax Map sheet required.
(b) The actual cost for Tax Map revisions may be reduced if the applicant's engineer can furnish a data disk of subdivisions which are compatible with the Borough Engineer's computer system.
O. 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 changes in the plat are requested by the Planning Board or Borough Engineer, no fees need to be paid and only sufficient copies of the plat incorporating the changes as may be necessary for distribution need to 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 twenty-five dollars ($25.) 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 Planning Board or Board of Adjustment 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 Planning Board, 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.
P. Requests for reapproval or extensions of time.
(1) Minor subdivisions and site plans: twenty-five dollars ($25.).
(2) Major subdivisions and site plans: fifty dollars ($50.).
(3) Other applications for development: twenty-five dollars ($25.).
Q. Certificate as to approval of subdivision of land: fifty dollars ($50.).
R. Certificate as to nonconforming use: fifty dollars ($50.).
S. The borough shall make all of the payments to professionals for services rendered to the borough for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. If the borough requires of the developer a deposit toward anticipated borough expenses for these professional services, the deposit shall be placed in an escrow account pursuant to N.J.S.A. 40:55D-53.1. The amount of the deposit required shall be reasonable in regard to the scale and complexity of the development. 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. The borough shall render a written final accounting to the developer on the uses to which the deposit was put. Thereafter the borough shall, upon written request, provide copies of the vouchers to the developer. If the salary, staff support and overhead for a professional are provided by the borough, the charge to the deposit shall not exceed two hundred percent (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 developer's improvements, as the case may be. For other professionals, the charge to the deposit shall be at the same rate as all other work of the same nature by the professional for the borough. [Added 12-13-1993 by Ord. No. 670]
