Bogota City Zoning Code
§ 21A-6.3
Escrow Accounts.
[Ord. #1007, A6; Ord. #1041, S5; Ord. #1423; Ord. #1435]
a.
In addition to the required application fees established by this chapter, a developer shall be required to establish one (1) or more escrow accounts with the Borough of Bogota to cover the reasonable and necessary review and consultation costs for the following applications:
1.
Preliminary site plan review: $3,500.00 or board's discretion
2.
Final site plan review: 1/2 of preliminary escrow
3.
Preliminary subdivision review: $3,500.00 or board's discretion
4.
Final subdivision review: 1/2 of preliminary escrow
5.
Any subdivision requiring site plan review: $3,500.00 or board's discretion
6.
Any subdivision requiring planned development review: $3,500.00 or board's discretion
7.
Any subdivision requiring a variance of any type: $3,500.00
8.
Any application for a variance other than that for the alteration of a one- or two-family dwelling: $3,500.00
9.
Any application for a variance under N.J.S.A. 40:55D-70(d): $3,500.00
10.
Concept Plans: $1,000.00
b.
The escrow accounts shall be used to reimburse the borough for 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 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 applicant,
3.
Charges for any telephone conference or meting requested or initiated by applicant, his attorney or any of his experts.
4.
Review of additional documents submitted by applicant and issuance of reports relating thereto,
5.
Review or preparation of easements, developers' agreements, deeds, resolutions or the like,
6.
Preparation for and attendance at meeting,
7.
The cost of expert advise or testimony obtained by the municipal agency for the purpose of corroborating testimony of applicant's experts; provided that the municipal agency gives prior notice to applicant of its intention to obtain such additional expert advice or testimony and affords applicant an opportunity to be heard as to the necessity for such additional advice or testimony and definition of the limitations on the nature and extent thereof.
c.
The term "professional personnel" or "professional services" as used herein shall include the services of a duly licensed engineer, surveyor, planner, attorney, realtor, appraiser or other expert who would provide professional services to insure an application meets performance standards set forth in this section and other experts whose testimony is in an area in which the applicant has presented expert testimony.
d.
Upon the filing of an application as set forth in paragraph a this subsection, an applicant shall deposit in an escrow account with the borough's treasurer the following initial escrow deposits:
1.
Site Plans:
(a)
Concept plan. No charge where the applicant asks for review without input and advice from the board's professional advisors. Where the applicant requests review with input and advise from the board's professional advisors, there shall be a minimum escrow deposit fee of one thousand ($1,000.00) dollars.
(b)
Preliminary site plan. For any site plan involving nonresidential development there shall be a review fee of fifty ($50.00) dollars for the first twenty thousand (20,000) square feet of lot area or fraction thereof, plus ten ($10.00) dollars for each ten thousand (10,000) square feet or fraction thereof of lot area over twenty thousand (20,000) square feet, plus fifty ($50.00) dollars for the first one thousand (1,000) square feet of floor area of any new building or alteration of or addition to any existing building on the subject property, plus ten ($10.00) dollars for each one thousand (1,000) square feet. No site plan for preliminary approval shall have a review fee less than one thousand ($1,000.00) dollars.
(c)
Final site plan. The final site plan review fee shall be one-half (1/2) the preliminary site plan review fee prorated. Any site plan containing both nonresidential and residential development shall pay a fee that equals the collective technical review fee of the nonresidential and residential parts as above outlined.
2.
Conditional use. The review fee for a conditional use shall be one thousand ($1,000.00) dollars.
3.
Subdivision:
(a)
Concept plan. No charges where the applicant asks for review without input and advice from the board's professional advisors. Where the applicant requests review with input and advice from the board's professional advisors, there shall be a minimum escrow deposit fee of one thousand ($1,000.00) dollars.
(b)
Minor subdivision or resubdivision. One hundred ($100.00) dollars for each lot within the proposed subdivisions or five hundred ($500.00) dollars, whichever is greater.
(c)
Preliminary plat of a major subdivision. One hundred ($100.00) dollars for each lot within preliminary plat of subdivision or five hundred ($500.00) dollars, whichever is greater.
(d)
Final plat of a major subdivision. Fifty ($50.00) dollars for each lot within the final plat of subdivision.
e.
Upon receipt of an application for one (1) of the developments listed in the preceding section, the board secretary shall send a copy of the application and one (1) set of all plans and reports to the municipal engineer, the planning consultant, the board attorney and any other professional authorized by the board. Within seven (7) days of the receipt of same, said professionals shall submit an estimate of funds sufficient in the amount to undertake technical reviews and findings of fact relative to the application. If upon review of those estimates, the board and/or its designee or committee finds that the fees listed in the preceding subsection are insufficient to pay the estimated necessary costs for examination and review of an application, such additional amount as in the reasonable judgment of the board will be necessary to pay said costs shall be requested from the applicant.
f.
The board and/or its designee or committee, shall not determine an application is complete until the necessary escrow deposit is paid.
g.
The treasurer of the borough shall place all escrow deposits in an escrow account to be used to pay all costs referred to in this section, which shall be paid in the ordinary manner after the submission of vouchers by the professionals.
h.
If during the review of an application the board determines that additional escrow deposits are required, the applicant shall be directed to pay the additional estimated costs, within fourteen (14) days of the receipt of a demand for the additional escrow deposit.
i.
No professional personnel submitting charges to the borough for any of the services referred to in this subsection shall charge for any of the services at any higher rate or in any different manner than would normally be charged the borough for similar work as ascertained by the professional's contract employment with the borough or by provisions of the salary ordinance. Payment of any bill rendered by a professional to the borough with respect to any service for which the municipality is entitled to reimbursement under this subsection shall in no way be contingent upon receipt of reimbursement by developer, nor shall any payment to a professional be delayed pending reimbursement from a developer.
j.
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 for 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's clerk an amount agreed upon by applicant and the board is likely to be sufficient to cover all reimbursable items; and upon posting said deposit with the borough, the appropriate maps or permits may be signed and released or issued to the developer. If the amount of the deposit exceeds the actual costs is approved for payment by the governing body, the developer shall be entitled to a return of the excess deposit, together with such interest as allows 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.
k.
If any fees paid by an applicant into the professional review escrow account shall exceed five thousand ($5,000.00) dollars the applicant's account shall be placed into an interest bearing trust account in conformance with the requirements of N.J.S.A. 40:55D-53. The applicant shall be notified, in writing, of the institution in which the deposit has been made and the amount of such deposit. Any interest earned on the account shall be applied in accordance with the provisions of N.J.S.A. 40:55D-53.1. The borough shall not be required to refund an amount of interest paid on a deposit that 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 applicant 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 no more than thirty-three and one-third (33-1/3%) percent of that entire amount, which shall be in lieu of all other administrative and custodial expenses.
1.
All payments charged to the escrow deposit shall be made 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 use to which the deposit was put. Thereafter, the borough shall, upon written request, provide copies of the vouchers to the developer, within thirty (30) days of receipt of the request.