Application for subdivision approval:

Fees, when necessary in connection with any approval requiring improvements and to cover inspections in accordance with § 89-105, 5% of total cost of improvements (including off-tract improvements) required as a condition of approval, said cost to be determined by the Borough Engineer in accordance with N.J.S.A. 40:55D-53.4 or other applicable law.

Administrative Secretary search of tax duplicate for owners within 200 feet of premises: $10 or $0.25 per name whichever is greater.

Issuance of a certificate of occupancy: same fee as provided in Chapter 129, Construction Codes, Uniform, and Chapter 116, Certificates of Occupancy, of the Borough Code.

Issuance of temporary certificate of occupancy: same fees a provided in schedule of fees in Chapter 129, Construction Codes, Uniform, of the Borough Code.

Rezoning requests before Planning Board: $300.

Exceptional rezoning review escrows. If the Borough determines that a proposed request for rezoning involves unusual or complicated aspects which could result in expenses to the Borough in excess of any application fees set forth above, the municipal agency hearing a request for rezoning may require the developer or applicant to provide, in addition to any application fee, an escrow deposit for professional fees. Said fees shall be administered in accordance with the procedures established in § 89-105. In determining the amount of any escrow required, the Borough, municipal agency, or Borough Engineer may consider the following:

Issuance of special event permits: $100.

Legal fees in connection with development applications. For legal services provided by the Borough Attorney in connection with a development application, the developer shall pay the following fees to the Borough Clerk:

Capital contribution for sidewalk construction.

Fees and escrows for minor subdivision/consolidation:

Major subdivisions:

The following fees for GIS maintenance shall apply to all minor and major subdivisions:

Deposit of escrow funds.

Professional charges.

The Borough shall be reimbursed for all payments to independent consultants in accordance with N.J.S.A. 40:55D-53.2. If the salary, staff support and overhead for the municipal in-house professional are provided by the Borough, the charge shall not exceed 200% of the sum of the products resulting from multiplying: 1) the hourly base salary, which shall be established annually by ordinance, of each professional by 2) the number of hours spent by the respective professional upon review of the application for development or inspection of the development’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 Borough when fees are not reimbursed or otherwise imposed on applicants or developers. The Zoning Officer shall be authorized to conduct reviews of development applications for their completeness. The charge by the Borough for those services shall be the same as set forth above based on the Zoning Officer’s hourly based salary as established by the Borough's Salary Ordinance.[1]

All escrow funds shall be utilized by the Borough or the appropriate board to pay the cost of any professional fees incurred for review of applications for development, review and preparation of documents, inspection of improvements and other purposes under the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). The term "professional" as used herein shall include the services of a duly licensed engineer, surveyor, planner, attorney, appraiser or other expert who would provide professional services to insure that an application complies with the standards set forth in Borough ordinances and experts whose testimony may be solicited to give further information to the approving board in any area addressed by any of applicant's experts.

No subdivision plat or deed or site plan shall be signed, nor shall any zoning permits, based upon variances or interpretations of the Zoning Ordinance, building permits, certificates of occupancy or any other types of permits be issued with respect to any approved application for development until:

No professional personnel submitting bills to the Borough under this chapter shall charge for any of the services referred to herein at any higher rate or in any different manner from that which would normally be charged to the Borough for similar work. Payment of any bill rendered by a professional to the Borough with respect to any service for which the Borough is entitled to reimbursement shall in no way be contingent upon receipt of reimbursement by the Borough nor shall any payment for service be delayed pending reimbursement of the Borough by an applicant.

Payments to professionals.

The following closeout procedure shall apply to all deposits and escrow accounts established under the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) and shall commence after the approving authority has granted or denied final approval and, if approval is granted, signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved as provided in section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53), in the case of improvement inspection escrows and deposits. The applicant shall send written notice by certified mail to the Chief Financial Officer of the Borough and the approving authority and to the relevant municipal professional, that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the Borough within 30 days and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the Borough shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest in accordance with section 1 of P.L. 1985, c. 315 (N.J.S.A. 40:55D-53.1), shall be refunded to the developer along with the final accounting.

An applicant shall notify the Borough, in writing, 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 (N.J.S.A. 40:55D-1 et seq.). The Borough or its designee shall, within a reasonable time period, attempt to remediate any disputed charges. 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 section 9 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-127), any charge to an escrow account or a deposit by any Borough professional or consultant, or the cost of the installation of improvements estimated by the Borough Engineer pursuant to section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4). An applicant or his authorized agent, shall submit the appeal in writing to the County Construction Board of Appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the Borough, approving authority, and any professional whose charge is the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by subsection c of section 13 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.2), except that if the professional has not supplied the voucher, then the applicant shall file his appeal within 60 days from receipt of the municipal statement of activity against the deposit or escrow account required by subsection c of section 13 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.2). An applicant may file an appeal for an ongoing service of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.

During the pendency of any appeal, the Borough 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 provided the applicant has posted all escrow monies in accordance with this chapter. The Chief Financial Officer of the Borough 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 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 to a professional or consultant who is not an employee of the Borough, the professional or consultant shall reimburse the Borough in the amount of any such disallowed charge.

Fee for a copy of the entire code or any portion of the code or a code update shall be pursuant to Chapter 150, Article II, § 150-2, of the Code of the Borough of Eatontown, except that the fee assessed for the duplication of the government record shall not exceed the following:

If the actual cost for duplication due to private contractor duplication exceeds the aforesaid rates, then the charge shall be the actual cost of duplicating the document request.

Purpose. The purpose of this section is to establish regulations pursuant to which a developer and/or property owner, as a condition for approval of a subdivision and/or site plan, shall pay a pro rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, and provide for open space and park improvements, located off-tract but necessitated or required by construction or improvements within the subdivision or development.

Impact fees.