There is hereby established in connection with various applications for development and other matters which are the subjects of this chapter the Schedule of Fees set forth in Chapter 82, Fees.

The developer shall, at the time of filing a submission, pay the nonrefundable fee set forth in Chapter 82 to the administrative officer by certified check or bank money order. Proposals involving more than one use shall pay a fee equaling 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 a variance, shall pay a fee equal to the sum of the fee for each element.

The Chief Financial Officer shall place all deposits required by this section in an escrow account administered in accordance with § 102-13 in the name of the applicant and shall charge against such account all disbursement in connection with the costs referred to herein. Fees shall be calculated in accordance with the actual time required for review at rates established by a schedule of professional fees filed annually with the Township and approved by the Township Committee by resolution, which schedule shall be maintained in the office of the Township Clerk for public inspection.

A. Inspection fees for required improvements. Prior to the start of construction, an inspection fee deposit shall be paid to the Township.

(1) For those developments for which the reasonably anticipated inspection fees are less than $10,000 fees may, at the option of the developer, be paid in two installments. The initial amount deposited shall be 50% of the reasonably anticipated fees as calculated by the Township Engineer. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by payments to the Township Engineer and Attorneys in connection with inspections, the developer shall deposit the remaining 50% of the anticipated fees immediately upon receipt of a request from the Chief Financial Officer.

(2) For those developments for which the reasonably anticipated inspection fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by the developer shall be 25% of the reasonably anticipated fees as calculated by the Township Engineer. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by payments to the Township Engineer and Attorneys in connection with inspections, the developer shall make additional deposits of 25% of the anticipated fees.

(3) The Township Engineer shall not perform any inspection except required health and safety inspections if sufficient funds to pay for those inspections are not on deposit.

B. Review fee deposits. In addition to the filing fees or any other fees required in this section, any applicant shall file with the Township at the time of filing an application a review fee deposit to cover the costs incurred for reviewing applications for development, review and preparation of documents and other actual out-of-pocket costs incurred pertaining to the application by planners, attorneys and any other professionals or experts employed by the Township on a consultant basis whose services are deemed necessary to report upon the application and its compliance with Township ordinances and codes. Such expenses may involve extensive studies of applications and testimony by experts, consultants or other individuals, including engineering, land use, planning and environmental consultants or expenses incurred in connection with holding special meetings, including attorneys' fees. The Township agency shall not process and/or take action on the application unless all review fees and deposits required herein shall have been paid by the applicant.

A. Escrow accounts. Each review fee and inspection fee deposit shall be held by the Township in an individual escrow trust account (hereinafter "escrow account"). Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the Township for deposits pursuant to this section, said money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, shall continue to be the property of the applicant and shall be held in trust by the Township in escrow. All interest earned and paid to the applicant shall be in conformance with P.L. 1985, c. 315.

B. Tabulation and appeal of escrow accounts.

(1) The Chief Financial Officer shall tabulate the costs of the Engineer, Planner and Attorneys, their staffs and any outside consultants required when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Township, for a proper review and documentation pursuant to vouchers submitted monthly by the professionals identifying the personnel performing the service, and stating the date the services were performed, the hours spent to one-quarter-hour increments, the hourly rate and the expenses incurred. Expenses shall be actual out-of-pocket expenses of any such professionals or consultants, including normal and typical expenses incurred in processing applications. Unit charges (i.e., per diem or hourly fees, inspections or expert testimony charges levied by the Township Engineer, Planning Consultant, Attorney or other professionals for services applied to an escrow account authorized and approved pursuant to this section may not exceed those unit charges contracted for and/or approved by the Township agency for services by said professional which may not under this section be subject to compensation by an escrow account. Vouchers shall be submitted monthly to the Chief Financial Officer with a copy to the applicant. These costs shall be deducted from the applicable escrow account and paid to the professionals by the Chief Financial Officer.

(2) 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 account. This statement shall be provided quarterly, if monthly charges are $1,000 or less, or monthly, if monthly charges exceed $1,000.

(3) In the event that the funds in the escrow account should become depleted or are anticipated to become depleted prior to the completion of the application procedure and/or inspection of improvements, as the case may be, and additional funds are necessary to cover the costs of processing said application or inspecting improvements in order for work to continue on the development or the application, the applicant shall within 10 days of receipt of notice from the Chief Financial Officer deposit additional funds of not less than 50% of the initial escrow deposit amount. In order to expedite the processing of applications by the Township agency, the Chief Financial Officer shall notify the applicant immediately upon the depletion of funds in the escrow account or as soon as insufficiency of funds becomes evident or is expected. Pending receipt of the additional funds, any required health and safety inspections shall be made and charged back against the replenishment of funds.

C. Final accounting. After the final plat or site plan has been signed, in the case of review fee accounts, or after the improvements have been approved by the Township Committee, in the case of inspection fee deposits, the applicant shall send written notice, by certified mail, to the Chief Financial Officer, the Planning Board/Zoning Board of Adjustment, the Township Engineer and other relevant professionals that the application is completed. After receipt of such notice, the Engineer and/or other professional shall submit a final voucher to the Chief Financial Officer within 30 days with a copy to the applicant. The Chief Financial Officer shall render a written final accounting to the applicant on the status of the escrow account within 45 days of receipt of the final bill, together with any balance remaining in the account, including interest in accordance with N.J.S.A. 40:55D-53.1.

D. Within 15 days of any tabulation of review costs or inspection fees by the Chief Financial Officer, the applicant shall have the right to appeal said charges by so notifying the Township Committee, in writing, with copies to the Chief Financial Officer, the Planning Board/Zoning Board of Adjustment and any other relevant professional, provided that any additional fees or amounts required by the Planning Board/Zoning Board of Adjustment to be paid prior to the signing of any plat, issuance of a building permit or the inspection of any improvements must be paid by the applicant prior to the bringing of any such appeal. Upon receipt of any such appeal, the Planning Board/Zoning Board of Adjustment shall review the same and make a recommendation thereon to the Township Committee within 45 days. The Township Committee shall then decide the proper review fee to be charged, based upon information provided by both the applicant and the Planning Board/Zoning Board of Adjustment. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals, established under P.L. 1975, c. 217 (N.J.S.A. 52:27D-127), any charge to an escrow account or a deposit by any municipal professional or consultant pursuant to the procedure set forth in N.J.S.A. 40:55D-53.2a.

In addition to all other fees specified in this chapter, an applicant or appellant shall pay the actual costs incurred by the Planning Board, Zoning Board of Adjustment or Township Committee, as the case may be, for recording verbatim, by use of a shorthand reporter or stenographer, all public hearings, whether regular or special, in excess of three hearings upon any application for development or appeal to the Township Committee, as well as the furnishing of copies of transcripts of any such hearing required by the applicant, appellant, Planning Board, Zoning Board of Adjustment or Township Committee, as the case may be, in the consideration of the application or appeal.

A.All fees and deposits required by this chapter shall be paid by check drawn to the order of the Township of Boonton. Any check for fees in excess of $250 shall be in the form of a certified or bank cashier's check. Except as otherwise provided, all fees and deposits shall be paid at the time of the filing of any application or appeal and shall be submitted with the application or appeal.

B. All permits, determinations, resolutions, decisions, certificates of occupancy or certificates of approval are subject to the payment of all fees provided for in this chapter, and no approvals shall be given or decision rendered by the Planning Board, Zoning Board of Adjustment or Township Committee, as the case may be, until proof has been submitted that all requisite fees have been paid to the Township. Furthermore, the applicant must submit proof that no taxes or assessments for local improvements are due or delinquent on the property before the approving authority may act on an application.

C. The payment of fees pursuant to the provisions of this chapter shall not relieve an applicant from the payment of any other fees required by any other ordinance or provision thereof.

The Township Committee, the Planning Board or the Board of Adjustment, as the case may be, may waive or reduce the fees prescribed herein in connection with applications submitted by public agencies, nonprofit volunteer organizations and such other quasi-public agencies and organizations at the Committee or Board, as a matter of policy, may designate. The Township Committee, the Planning Board or the Board of Adjustment, as the case may be, may also reduce fees in connection with applications under its jurisdiction when, in its judgment, the fee would be unreasonably excessive in relation to the scope of the application, the degree of professional review services required and other unusual circumstances relating to the application. No such fee shall be reduced if actual expenses of the Committee or the Board exceed 50% of the fee herein specified, and at least 10% of the fee herein specified shall be retained by the Township to cover administrative costs.