Hainesport City Zoning Code
ARTICLE VI
Fees
§ 104-33 General provisions.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
This article includes all fees and escrow sums required in connection with any application under this chapter. Fees as outlined below are designed to cover the administrative costs incurred by the Township in processing applications. They are nonrefundable in nature and they are set, predetermined amounts. The escrow sums are designed to pay the cost of professional review by the engineer, solicitor or other professionals employed by the reviewing board to review and make recommendations on an applicant's application for development.
A.
At the time of submitting his application and plans to the administrative officer, the applicant shall be required to execute an escrow agreement between the applicant and the reviewing board to cover the cost of technical and professional review of the application for development. Said escrow agreement shall be in the form approved by the Solicitor of the Township of Hainesport and in accordance with N.J.S.A. 40:55D-53.1. The escrow agreement shall provide that the applicant pay all necessary and reasonable costs incurred by the technical and professional staff employed by the reviewing board for review of the applicant's application for development. The sums specified below are estimates which shall be posted prior to consideration by the reviewing board or its staff of that stage of the applicant's review process indicated. In the event that more than the sums specified below is required to pay the reasonable cost incurred, the applicant shall, prior to being permitted to take the next step in the approval procedure or in any element of his project, pay all additional sums required. In the event that the escrow sums posted are more than those required, the excess funds shall be returned to the applicant within 14 days of the issuance of an occupancy permit for any element of the project.
B.
Prior to the issuance of an occupancy permit for any element of the project seeking approval under this chapter, the administrative officer shall determine from the professional staff employed by the reviewing board in the review of the applicant's application for development whether there are any additional sums required to be paid from the escrow fund established. In the event that there are, the administrative officer shall so notify the Township Chief Finance Officer of the amounts to be held in that account.
C.
The administrative officer shall determine the position of all escrow accounts, and, where additional funds are required, it shall be the obligation of the administrative officer to so notify the applicant of the amounts needed and to properly make all payments required to be made under this article. The property owner, as well as the applicant, is responsible for all fees and escrow sums incurred.
D.
In addition to these terms, the escrow agreement may require any other additional terms which are agreed to by the applicant and the reviewing board.
E.
The schedule of fees and escrow sums shall be posted in the office of the administrative officer and such other place or places as the reviewing board shall direct.
F.
Should the applicant fail to pay any sum required to be paid when due, the Board shall be entitled to suspend further activity on the application, including the postponement of any public hearings, and/or the adoption of any resolutions memorializing a decision pending payment of the required fees. In addition, the Township shall be entitled to pursue all remedies at law or equity to recover any and all sums claimed to be due. Interest shall accrue at a rate of 18% per annum simple interest on all sums unpaid after the due date. The Township may collect reasonable attorney's fees which shall not be less than $500 should litigation for the purpose of collecting any sum be commenced. This obligation shall be binding on the owner and the applicant. In the event of the sale or transfer of property which is the subject of a development application or a change of the identity of the applicant, all funds on deposit pursuant to this agreement shall run with the development application affecting the property in question and shall be considered to be the asset and/or obligation of any subsequent owner or applicant unless the initial owner or applicant provides written notice to the approving authority, and to the professionals providing review services, that the initial owner or applicant has specifically reserved ownership rights of the escrow account. If the Township does not receive such notice, the applicant and owner are jointly and severally liable for any outstanding fees. In the event such notice is received by Township officials and professionals, no further review shall be undertaken by professionals until the new and subsequent owner or applicant has established an escrow account and signed an escrow agreement.
[Added 5-9-2023 by Ord. No. 2023-3]
G.
Dispute resolution and contest of reasonableness. Applicant agrees that the reasonableness of any fee or charge may be challenged by an appropriate legal action brought within 45 days from the date that the applicant's escrow deposit balance is returned or 45 days from the date the developer receives notice that additional payments are requested to pay charges and fees not covered by the escrow deposit. Challenges to the reasonableness of charges and fees shall follow the procedure as defined in N.J.S.A. 40:55D-53.2a of the Municipal Land Use Law.
[Added 5-9-2023 by Ord. No. 2023-3]
H.
Interest allocations. Any and all interest which would result from or arise out of the deposits being made and held in escrow by the applicant shall be held and dispersed as regulated under N.J.S.A. 40:55D-53.1.
[Added 5-9-2023 by Ord. No. 2023-3]
§ 104-34 Schedule of fees and escrow sums.
[Amended 12-11-1982 by Ord. No. 1982-18; 11-27-1990 by Ord. No. 1990-11-11; 4-12-1994 by Ord. No. 1994-4-3; 9-25-2001 by Ord. No. 2001-6-8; 7-27-2004 by Ord. No. 2004-12-6]
Fees and escrow sums shall be as follows:
O.
Continued use permit: $10.
P.
Construction inspection escrow: 5% of the performance bond, as estimated by the review board engineer, shall be posted prior to the issuance of the building permit or plan signing or start of construction.
Q.
Revised site plan or subdivision: the applicant will be required, for each refiling of plans not requiring a new application, to post an additional sum equal to 1/4 of the escrow fee normally established for the proposal as set forth above.
R.
Amendments to Official Tax Map.
(1)
The Hainesport Joint Land Use Board shall assess each land developer bringing a subdivision application before said Board a fee and escrow amount to cover the professional fees and other administrative costs incurred by the Township in processing resultant amendments/changes to the Official Tax Map.
(2)
At the time of submitting an application and plans to the Joint Land Use Board, the applicant shall be required to execute an escrow agreement between the applicant and the reviewing board to cover the cost of technical and professional amendment and/or review of the Official Tax Map.
(3)
Said escrow agreement shall be in the form approved by the Solicitor of the Township of Hainesport.
(4)
The property owner, as well as the applicant, is responsible for all fees and escrow sums incurred.
(5)
The escrow fees for each land development application which changes the Official Tax Map shall be based upon the number of lots created or altered and shall be charged at a sliding scale as follows:
Number of Lots Created or Changed | Escrow Fee Per Lot |
|---|---|
1 to 5 | $80 |
6 to 20 | $55 |
21 to 50 | $40 |
51 or more | $30 |
(6)
The sums specified above are estimates which shall be paid prior to consideration by the reviewing board or its staff of that stage of the applicant's review process indicated. In the event that more than the sums specified above is required to pay the reasonable cost incurred, as determined by the Joint Land Use Board's engineer, the applicant shall, prior to being permitted to take the next step in the approval procedure or in any element of his project, pay all additional sums required.
S.
Refund of escrow. Within 90 days following the applicant's written request following the issuance of an occupancy permit for any project, the Planning Board Secretary shall cause a refund of any excess escrow funds to the applicant.
T.
Replenishment of escrow. The developmental applicant shall replenish its escrow account whenever the remaining escrow funds are reduced by charges against the account to 20% or less of the original amount.
U.
Street/road vacation requests.
[Added 12-13-2022 by Ord. No. 2022]
(1)
Application fee: $150
(2)
Recording fee: Shall be such fees as charged by the County of Burlington for recording said ordinance.
(4)
In the event the above escrows prove insufficient to satisfy all professional review fees, the requesting party shall pay all outstanding fees prior to adoption of the vacation ordinance.
(5)
Tax map update fee: $150.
§ 104-35 Fees to be cumulative.
Where an applicant submits an application involving a combination of approvals, i.e., subdivision application submitted together with a variance request, fees and escrow sums provided in § 104-34 of this article for each category of approval sought shall be posted. Therefore, fees and escrow sums under this article shall be deemed cumulative in nature.
§ 104-36 Waiver.
The reviewing board shall have the power in appropriate cases to compromise or waive the escrow sums and application fees required under § 104-34 of this article where an applicant shall present to the reviewing board sufficient proof that the cost incurred by the Township would not necessitate posting of the specified sums.