Guttenberg City Zoning Code
§ 28-28.4
Escrow Fees for Professional Review and Expert Witness.
[Ord. 016/96; Ord. #003/05]
a.
Escrow Deposits. The Planning Board shall require, in addition to its base application fees, escrow deposits in accordance with the provisions of this section. Such deposits shall be utilized to pay the cost of any professional services incurred for the review of an application for development to the Board. The Town shall make all of the payments to professionals for services rendered to the municipality 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. The deposit received from an applicant shall be placed in an escrow account pursuant to the provisions of N.J.S.A. 40:55D-53.1. Such deposit shall be utilized to pay the cost of any professional services incurred for the review of an application for development to the Board and may also be utilized to pay the cost of review and/or testimony by an expert witness or witnesses retained by the municipal agency. 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 municipality shall render a written final accounting to the applicant on the uses to which the deposit was put. Thereafter the municipality shall, upon written request, provide copies of the vouchers to the developer. Payment due professionals retained by the municipality shall be made upon receipt of adequate moneys from applicants for development.
b.
Professional Services Defined. The term "professional services," as utilized herein, shall include the services of a duly licensed engineer, surveyor, planner, attorney, scientist, realtor, appraiser, certified shorthand reporter or other professional or expert who provided services for review, advice, preparation of reports and/or expert testimony, for inspection of the property and surrounding area and for tests performed, in order to assist the Board in the review of the application before it.
c.
Amount of Escrow. Subject to the provisions of paragraph d below, each applicant shall, prior to his/her or its application being ruled complete pursuant to the provisions of the Municipal Land Use Law and this section, submit the sums requested pursuant to Schedule A hereof[1] to the Chief Financial Officer of the Town of Guttenberg.
[1]
Editor's Note: Schedule A, referred to herein, is included as an attachment to this chapter.
d.
Completeness of Application; Escrow Fees.
1.
Within 45 days after the filing of an application for development, the Planning Board or its authorized committee or designee, as the case may be, shall, in connection with the appropriate representatives of the staff of the Town of Guttenberg, review said application for development to determine whether the escrow amount set forth above is adequate. In conducting such review, said Board shall consider the following criteria:
(a)
The presence or absence of public water and/or sewer servicing the site.
(b)
Environmental considerations, including but not limited to geological, hydrological and ecological factors.
(c)
The traffic impact of the proposed development.
(d)
The impact of the proposed development on existing water quality.
(e)
Any other unique land use concerns relating to the application.
2.
Upon completion of said review and within said forty-five-day period, the Board or its authorized committee shall adopt a resolution specifying whether the escrow amount specified above is sufficient, excessive or insufficient. In the event that the Board or its authorized committee shall determine that the amount is excessive, it shall in the resolution specify the amount that shall be deemed sufficient, including a specification, if appropriate, that no escrow be posted. In the event that the Board or its authorized committee shall determine that the amount specified above is insufficient, it shall so specify and shall further set forth the amount required to be posted in light of the criteria specified herein.
3.
No application for development shall be deemed complete until such time as the applicant shall have posted with the Town of Guttenberg in cash, certified check or money order the amount of escrow deposit determined by the Planning Board to be required in accordance with the provisions of this section.
e.
Additional Escrow Deposits.
1.
The Board may require additional escrow deposits by the applicant to be posted during the course of the review of an application, provided that:
(a)
The original amounts escrowed pursuant to this section have been exhausted; and
(b)
Additional professional services or expert services must reasonably be incurred because of the presence of one or more factors enumerated in paragraph d above, in order to complete the review of the application and to properly decide the same.
2.
In the event that additional escrow moneys are required they shall not be deemed items required for the application to be complete but may be required as additional information reasonably required to decide the application. Their payment shall be required as a condition of any approval granted.
f.
Charge for Certain Professional Services to the Applicant. Applicants shall be responsible to reimburse the Town with regard to certain specific professional services in accordance with the following:
1.
The applicant shall be required to reimburse the Town for the cost of attendance by the Town's professional personnel at any meeting of the Town agency or board at which a hearing is held on the application. However, where hearings on other applications are held at the same meeting at which the attendance of the Town's professional personnel are also required, the cost of the attendance of the Town's professional personnel shall be reimbursed to the Town on a pro rata basis.
2.
The Town shall be entitled to be reimbursed for attendance of its professional personnel at special meetings of a Town agency or Board which were requested to be called by the applicant.
3.
The applicant shall pay for the review of any revisions of the applications or maps in the event that the application is declared incomplete.
4.
The cost of the preparation of a resolution or memorializing resolution setting forth the findings of fact and conclusions of law of the Town agency or board with respect to an application shall be reimbursable to the Town.
5.
The fees for other professional services incurred by the Board shall be reimbursed by the applicant to the Town.
g.
Reasonable Charges for Professional and Expert Services. No professional personnel submitting charges to the Town 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 Town for similar work, as ascertained by the professional's contract of employment with the Town or by provisions of the Municipal Salary Ordinance. The charges shall be reasonable.
h.
Deposit of Escrow Funds; Refunds. Deposits received from any applicant shall be held by the Chief Financial Officer in a special interest-bearing deposit account, and upon receipt of bills for professionals duly approved by the Board, or governing body, as appropriate, the Chief Financial Officer may use such funds to pay the bills submitted by such professionals or experts. All sums not actually so expended and any interest earned thereon shall be refunded to the applicant within 60 days after the final decision by the appropriate Board with respect to such application, upon certification by the Board Secretary that such application has been finally decided and all professional fees have been paid.
i.
Reimbursement for Inspection of Improvements. The applicant shall reimburse the Town for all reasonable inspection fees paid to the Town Engineer for the inspection and/or testing of improvements. The Town may require the applicant to make a deposit for all or a portion of the reasonably anticipated fees to be paid for the Town Engineer for such inspections pursuant to N.J.S.A. 40:55D-53h.
j.
Inspection of Improvements. All of the improvements in a subdivision or site plan shall be inspected and approved by the Town Engineer. The subdivider or his, her or its agent, employee or contractor shall notify the Town Engineer and the Secretary of the reviewing Town Board when the work is ready for any required inspection specified herein or required to be performed by the Town Engineer, the Construction Official or the appropriate subcode official. This notice shall be given at least 48 hours prior to the time the inspection is desired. The inspection shall be performed within three business days of the time for which it was requested; however, failure to inspect within three business days shall in no way constitute approval of the work. The work shall not proceed in a manner which shall preclude the inspection until it has been made. No underground installation shall be covered until inspected and approved.
k.
Liens on Property.
1.
Should any fees for applications for development, expert witness fees, consultant's fees, review fees, inspection fees or fees of any nature connected with an application for development be due and unpaid by an applicant for development and/or owner of a subject property for a period of 14 days after written notice of the amount due was mailed to the owner and applicant, the Town Clerk or Mayor or Assistant Clerk or other officer or employee of the Town of Guttenberg may execute a written statement of lien showing the amount due to the Town and may record the same in the Hudson County Register's and/or Clerk's office as a lien on the subject property. The lien shall include interest at the rate of 12% per annum, recording fees and a reasonable attorney's fee.
2.
Should the lien remain unpaid, the Town Tax Collector, Clerk or other officer authorized by the Mayor and Board of Council shall have the power to foreclose the property to collect the amount of the lien, together with interest, attorney's fees and recording fees pursuant to N.J.S.A. 54:5-19 et seq., and other applicable laws of the State of New Jersey.
l.
Special Meetings. Special meetings may be requested by a motion of the Joint Planning/Zoning Board Chairman or two commissioners for Board approval.
Special meetings may be requested by an applicant and approved by the Joint Planning/Zoning Board Chairman or two commissioners for Board approval and the payment of fees.
1.
Fees — Minor Site Plan Application.
Minor site plan application with or without a minor subdivision. Maximum development — two — two-family dwellings on two — 25 by 100 lots with or without a subdivision.
First 3-hour meeting | $1,000 |
Second 3-hour meeting | $750 |
* If application is not completed at the first meeting, a second special meeting must be requested. Application may not be continued to a regular meeting. Decision may be memorialized by resolution at next regular meeting. |
Two minor applications may be heard at a special meeting called by an attorney; however, the fees apply to each application. No sharing of fees is permitted. |
2.
Fees — Major Site Plan Application.
Major site plan application with or without minor or major subdivision. This includes garden apartments, mid-rise or high-rise apartments, condominium buildings, and three or more lots each being developed with a one- or two-family dwelling.
First 3-hour meeting | $1,500 |
Second 3-hour meeting | $1,000 |
* If an application is not completed at the first meeting, it must be continued to a second special meeting. Application may not be continued to a regular meeting. Decision may be memorialized by resolution at the next regular meeting. |
The Board, when acting upon applications, shall have the power, for good cause shown, to grant a remission or waiver from all or any portion of the fee schedules hereinabove established based upon any of the following: (1) the nonprofit status of the applicant; (2) a determination that collection of the fees would constitute an economic hardship upon the applicant; (3) the unique characteristics of the application, making collection of the full fees substantially disproportionate to the regulatory costs applicable to reviewing the application; or (4) for other good cause established in the record. |
The fees set forth in the aforementioned schedules are exclusive of any other charges which may be required by the Town to cover the costs of the furnishings of copies, ordinances, list or property owners, or transcripts, or the inspection of buildings or improvements in conjunction with the issuance of construction permits or Certificates of Occupancy. |
Fees for Court Recorder are payable from the escrow account of the applicant. Court Recorder fees are charged per applicant and per meeting. |
Fees for professional review by Board Engineer and Board Attorney are payable from the escrow account of the applicant. |
The Board may refuse to grant a special meeting at its discretion, or due to lack of available commissioners or an available date. |
Zoning Board applications requiring seven commissioners (use variance) may be granted a new special meeting with the fee waived if seven commissioners fail to attend the meeting. Publication of the revised date will be the responsibility of the Board Secretary. If it is necessary to re-notice, this will be the responsibility of the applicant. |
Failure to appear by witnesses for the applicant that cause the Board to be unable to hear the case will necessitate the applicant to request another special meeting at the required fee. Improper notice by the applicant that causes the Board to lack jurisdiction to proceed with the hearing will cause the applicant to request another special meeting for the required fee and re-notice and republish at the applicant's expense. |
m.
Waiver of Fees. Any board, agency, committee or entity of the Town of Guttenberg may make application to the Planning Board without the requirement for making payment of any of the fees hereinabove provided. Notwithstanding any other provision of this subsection to the contrary, the Planning Board may waive any base application fees or supplemental base application fees, or portions thereof as hereinabove provided, for nonprofit organizations and other organizations, persons or entities where it is deemed to be in the best interests of the Town of Guttenberg; provided, however, that the Planning Board shall not be empowered to waive the making of a review fee escrow deposit absent the concurrence of the Mayor and Board of Council, which concurrence shall be expressed in a formal resolution of the Mayor and Board of Council adopted by 2/3 of the full membership thereof.
A computer generated error in the 200-foot list which causes the Board to lack jurisdiction to proceed will entitle the applicant to a rescheduled special meeting with the fee waived for a corrected 200-foot list and the rescheduled meeting. However, re-notice and republication, if necessary, will still be the responsibility of the applicant.