The administrative fees shall be nonrefundable for the purpose of offsetting in-house administrative, clerical and technical costs, exclusive of expenses for professional consultants, such as legal, planning, engineering and other professional fees, costs and expenses. Such professional fees shall be designated as escrow fees and as referred to hereinafter.

The administrative fee may be waived by the governing body by resolution upon application by nonprofit corporations devoted to recreational purposes under Title 15 of the New Jersey Statutes.

Whenever an application for development shall include more than one request or action, the total accumulated fees of each separate action shall be charged for administrative and escrow fees. Reference Fee Schedule in § 2-58.7.1.

The escrow fees shall be required by the Planning Board for the purpose of reimbursing the Borough for the direct fees, costs, charges and expenses of professional consultants retained by or on behalf of the Borough, its boards or agencies and employees and staff of the Borough, its boards or agencies in reviewing and testifying and/or assisting the Borough in the processing of applications pursuant to the ordinances of the Borough and/or assisting the Borough in the evaluation, planning, and proper design of municipal services and facilities in order to meet the needs of the proposed project. In addition thereto, said escrow funds shall be utilized to cover the cost of the Borough of professional services rendered to the Borough for review of applications for development, review and preparation of documents, and 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.

No professional reviews will be undertaken until the escrow has been established. If, in the judgment of the Planning Board, additional funds are required after 75% of the original escrow account has been exhausted, these monies shall be paid into the appropriate account or accounts.

Professional Review Fees. The Planning Board may require the payment of fees into an escrow account for the purpose of reimbursing the Borough for direct fees, costs, charges and expenses of professional consultants retained by or on behalf of the Borough, its boards or agencies and employees and staff of the Borough, its boards or agencies in reviewing and testifying .and/or assisting the Borough in the processing of applications pursuant to the ordinances of the Borough and/or assisting the Borough in the evaluation, planning, and proper design of municipal services and facilities in order to meet the needs of the proposed project. In addition thereto, 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, and 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. Such escrow accounts will be based upon the fee schedule as noted in § 2-58.7.1.

The Chief Financial Officer of 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, inspections of improvements or other proposes under provision of the Municipal Land Use Law, N.J.S.A. 40:55D1 et seq. Such fees or charges shall be based upon a schedule established by resolution or resolutions as adopted by the Borough Council for professional services.

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.l.

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

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 information shall be provided on a quarterly basis if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000.

Each payment charged to the deposit for review of the application, 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 one-quarter-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 in accordance with schedules and procedure established by the Chief Financial Officer of the Borough.

If the services are provided by a Borough employee on behalf of the Borough, 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. 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.

The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of development under construction and review by outside consultants when an application if of a nature beyond the scope of the expertise of the professionals normally utilized by the Borough.

The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of any such professional 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 section, nor shall a Borough professional add any such charges to his bill.

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 subdivisions or site plan.

All professional charges for review of an application for development, review and preparations of documents, or inspections 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 request for modifications or amendments made by the applicant.

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.

If the salary, staff support and overhead for a Borough professional are provided by the municipality, the charge shall not exceed 200% 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.

Refund of Monies in Escrow Account. The following close out and refund procedure shall apply to all deposits and escrow account 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 improvements inspections escrows and deposits and the Borough has further determined that there is no longer any need to retain any escrow account.

Dispute of Charges.

The developer shall reimburse the Borough for all reasonable inspection fees paid to the Borough Engineer for the inspection of improvements; provided that the Borough shall require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements. For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the reasonably anticipated fees. When the balance on deposit drops to 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 50% of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees. When the balance on deposit drops to 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 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.

Guarantee Required. Before recording final subdivision plats or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65d, the approving Board, for the purpose of assuring the installation and maintenance of on- and off-tract (pursuant to N.J.S.A. 40:55D-42) improvements, shall require and accept in accordance with the standards adopted by this subsection, the following:

Time Period for Installation. All public improvements shall be completed within six months of issuance of the last certificate of occupancy or five years of issuance of a soil disturbance permit, whichever comes first. The Borough Council may extend the time allowed for installation of the improvements for which the performance guarantee has been provided by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the Borough Engineer according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256, as of the time of the passage of the resolution.

Developer Liability. If the required improvements are not completed or corrected in accordance with the performance guarantee, the developer and surety, if any, shall be liable thereon to the Borough for the reasonable cost of the improvements not completed or corrected and the Borough may either prior to or after the receipt of the proceeds thereof complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.).

Reduction of Guarantee.

Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with a municipality for professional services employed by the municipality to review applications for development, for municipal inspection fees, or to satisfy the guarantee requirements, the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided in this section, shall continue to be the property of the applicant and shall be held in trust by the municipality. Money deposited shall be held in escrow. The municipality receiving the money shall deposit in a banking institution or savings and loan association in this state insured by an agency of the federal government, or any other fund or depository approved for such deposits by this state, in an account bearing interest at the minimum rate currently paid by the institution or depository on time savings deposits. The municipality 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 municipality shall not be required to refund an amount of interest paid on a deposit that does not exceed $100 for the year. If the amount of interest exceeds $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 33 1/3% of that entire amount which shall be in lieu of all other administrative and custodial expenses.

In cases where only a portion of a parcel or site are to be involved in the proposed site plan, the site area charge shall be based upon an area extending 20 feet outside the limits of all construction, including grading and landscaping as well as all other areas of the site the Borough Engineer believes are reasonably affected by the development application. The 20 feet around the disturbed area shall not extend beyond the property lines. The Borough may still require reasonable improvements and upgrading to portions of the site not within the disturbed or affected areas.

If the Planning Board is requested to and decides to hear an application at one or more special meetings, the applicant(s) shall pay an additional $1,500 in escrow for each special meeting at which the matter is heard. The applicant shall be responsible for the actual costs of such meeting or meetings, including but not limited to the cost to the Borough for attendance of its professionals. Upon completion of the meeting or meetings, the Chief Financial Officer shall notify the applicant(s) of any additional balance due the Borough or shall return any unused balance of the escrow to the applicant.

Any application approved by the Planning Board that results in revisions to Borough Tax Maps shall be required to post fees noted in § 2-58.7.1 for each new lot, to offset the Borough’s cost in revising the Tax Map.

In Holmdel Builder's Association V. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.

Pursuant to P.L.2008, c.46 section 8 (C. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have a COAH-approved spending plan may retain fees collected from nonresidential development.

This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance with P.L.2008, c.46, Sections 8 and 32-38. Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate-income housing. This section shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:97-8.

The Borough of Farmingdale shall not impose development fees on any applicant pursuant to this section until COAH or a Court has approved the Development Fee Ordinance pursuant to N.J.A.C. 5:96-5.1, except that residential fees may be collected pursuant to the previously approved fee ordinance until such time as this ordinance takes effect, and nonresidential fees shall be collected in accordance with the Statewide Non-Residential Development Fee Act, N.J.S.A. 40:55D-8.1 et seq.

The Borough of Farmingdale shall not spend development fees until COAH or a Court has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.

Imposed Fees.

Eligible Exactions, Ineligible Exactions and Exemptions for Residential Development.

Imposed Fees.

Eligible Exactions, Ineligible Exactions and Exemptions for Nonresidential Development.

Upon the granting of a preliminary, final or other applicable approval, for a development, the applicable approving authority shall direct its staff to notify the Borough's Construction Official responsible for the issuance of a building permit.

For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The Construction Official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.

The Construction Official responsible for the issuance of a building permit shall notify the local Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.

Within 90 days of receipt of that notice, the Municipal Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.

The Construction Official responsible for the issuance of a final certificate of occupancy notifies the local assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.

Within 10 business days of a request for the scheduling of a final inspection, the Municipal Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.

Should the Borough of Farmingdale fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in subsection b of section 37 of P.L.2008, c.46 (C.40:55D-8.6).

50% of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.

Appeal of Development Fees.

There is hereby created a separate, interest-bearing Housing Trust Fund to be maintained by the Borough's Chief Financial Officer for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.

The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:

Within seven days from the opening of the Trust Fund account, the Borough of Farmingdale shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, the Borough's banking institution, and COAH to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).

All interest accrued in the Housing Trust Fund shall only be used on eligible affordable housing activities approved by COAH.

The expenditure of all funds shall conform to a spending plan approved by COAH or the Court. Funds deposited in the Housing Trust Fund may be used for any activity approved by COAH or the Court to address the Borough of Farmingdale's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or State standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through 8.9 and specified in the approved spending plan.

Funds shall not be expended to reimburse the Borough of Farmingdale for past housing activities.

At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region.

The Borough of Farmingdale may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.

No more than 20% of all revenues collected from development fees, may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the Affordable Housing Trust Fund.

Establishment of Position of Municipal Housing Liaison. There is hereby established the position of Municipal Housing Liaison for the Borough of Farmingdale.

Subject to the approval of the Council on Affordable Housing (COAH) or the Court, the Municipal Housing Liaison shall be appointed by the Governing Body and may be a full or part time municipal employee.

The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Borough of Farmingdale, including the following responsibilities which may not be contracted out:

Subject to approval by COAH or the Court, the Borough of Farmingdale, will contract with or authorize a consultant, authority government or any agency charged by the Governing Body, which entity shall have the responsibility of administering the affordable housing program of the Borough of Farmingdale, except for those responsibilities which may not be contracted out pursuant to paragraph c above. When the Borough of Farmingdale contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and Affirmative Marketing Plan, the Municipal Housing Liaison shall supervise the contracting Administrative Agent.

Compensation. Compensation shall be fixed by the Governing Body at the time of the appointment of the Municipal Housing Liaison.

The application lacks information indicated on the checklist adopted by and contained in the Land Development Ordinance of the Borough of Farmingdale and provided to the applicant; and

The Borough Clerk has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one, or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation. The Planning Board may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter 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 additional information or any revisions in the accompanying documents so required by the Planning Board.

A copy of the decision shall be mailed to the applicant or appellant, or if represented, then to his attorney, without charge, and for a reasonable charge to any interested party who has requested it, not later than 10 days after the date of the decision.

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 Secretary of the Board and paid for by the applicant. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the municipality or the applicant.

A copy of the decision and all submitted documents of record shall be filed with the Borough Clerk.

A Planning Board is hereby established consisting of nine members of the following four classes:

Class I – The Mayor.

Class II – One of the officials of the municipality, other than a member of the Governing Body, to be appointed by the Mayor.

Class III – A member of the Governing Body appointed by it.

Class IV – Six other citizens of the municipality to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment except that one Class IV member may be a member of the Board of Education.

The term of the member composing Class I shall correspond with his official tenure. The term of the member composing Class II shall be for one year or terminated at the completion of the term of office, whichever occurs first.

The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such term shall be evenly distributed over the first four years after their appointment and as determined by resolution of the Governing Body; provided, however, that no term of any member shall exceed four years and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the terms of four years except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.

If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.

The Planning Board shall elect a Chairman and Vice-Chairman from the members of Class IV and select a Secretary who may be either a member of the Planning Board or a municipal employee designated by it.

There shall be two alternate members of the Planning Board whose terms shall be two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only. Alternate members shall be designated Alternate Number One and Alternate Number Two at the time of appointment. Such alternate members shall perform their duties as required by law. Alternate members shall have the qualifications of Class IV members.

The establishment of the Planning Board as referred herein shall be governed by N.J.S.A. 40:55D-1, et seq. (including N.J.S.A. 40:55D-23) as may be amended from time to time.

The Planning Board shall have the power to:

The Planning Board shall also have all other powers and jurisdiction as now or hereafter conferred upon it by the Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq. and by the provisions of the Code of the Borough of Farmingdale.

Any developer requesting a zone change shall file with the Borough Clerk a request for same and simultaneously deposit with the Borough Clerk an escrow amount for fees as hereinafter set forth.

The application shall include a statement giving the following:

The developer upon the filing of a zone change request shall deposit with the Chief Financial Officer adequate funds of no less than $2,000 to cover the costs of professional services in connection with the review of said zone change request including but not limited to fees of the Borough Attorney, Planning Board Attorney, and any other professional whose services are deemed necessary with respect to review of the zone change request.

All monies required under this section shall be deposited by the Chief Financial Officer in an escrow account and all disbursements to professional consultants and experts required to review the zone change request shall be charged against the account. No professional reviews will be undertaken until the escrow has been established. If, in the judgment of the Borough Clerk, additional funds are required after 75% of the original escrow account has been exhausted, these monies shall be paid into the appropriate account or accounts. In order to expedite the processing of all the zone change requests, the Borough Clerk shall notify the developer immediately upon the depletion of 75% of the funds in the escrow account.

Any of the aforesaid deposit remaining in the account upon completion of the review procedure shall be returned to the developer.

No Borough agency shall review and/or take action on a zone change request unless all fees required have been deposited by the developer.