Howell Township City Zoning Code
ARTICLE XVIII
Fees and Escrow
§ 188-167 Fees. [1]
The developer shall, at the time of filing an application, pay nonrefundable fees to the Township of Howell as set forth in Chapter 139, Fees, for the following. Proposals involving more than one use shall pay a fee equaling the sum of the fees for the component elements of the proposal. Proposals requiring a combination of approvals such as subdivision, site plan and/or variance shall pay a fee equal to the sum of the fee for each element.
A.
Site plan.
(1)
Residential, preliminary and final.
(2)
Other than residential, preliminary and final.
(3)
Plan revisions, for the revision of any plan or plans which have or have not been granted approval.
(4)
Extensions of time to post bonds.
(5)
Extensions of site plan approval pursuant to N.J.S.A. 40:55D-49 and N.J.S.A. 40:55D-52.
B.
Subdivisions.
(1)
Minor subdivisions.
(2)
Major subdivisions, preliminary and final.
(3)
Plan revisions, for the revision of any plan or plans which have or have not been granted approval.
(4)
Extensions of time to post bonds.
(5)
Extensions of subdivision approval, preliminary or final.
(6)
Review of conceptual plans.
C.
Conditional use applications.
D.
Variances.
(1)
Appeals.
(2)
Interpretation of Zoning Map or Ordinance.
(3)
Hardship or bulk variances.
(4)
Use variances.
(5)
Building permit in conflict with Official Map or building permit for lots not related to a street.
(6)
Other, including accessory uses and temporary use permits.
[Amended 6-24-2014 by Ord. No. O-14-08]
E.
Special meetings of Boards.
(1)
Upon request of the applicant, the Planning Board or Zoning Board of Adjustment may call for a special meeting to conduct a public hearing or otherwise consider an application for development, provided that in such event, the applicant shall pay a fee to the Township of Howell to defray the costs associated with attendance of the Planning Board or Zoning Board of Adjustment staff.
(2)
Further, the applicant may request special meetings with the staff of the reviewing agency to review an application, subject, however, to the availability of staff and scheduling of such meetings through the office of the Township Manager, provided that the applicant shall pay a fee to defray the cost of the consultants and staff.
(3)
The foregoing fees shall be in addition to any required application fees or performance or maintenance guarantees set forth in this chapter.
F.
Sign variations.
G.
Exemption from fees of certain nonprofit organizations. Charitable, philanthropic, fraternal and religious nonprofit organizations holding a tax-exempt status under the Federal Internal Revenue Code of 1954 [24 U.S.C. Section 501(c) or (d)] are hereby exempt from any application fee charged under the within chapter. This shall only apply to application fees and not to inspection or escrow fees.
[Added 4-27-2004 by Ord. No. O-04-17]
§ 188-168 Escrow funds for professional services.
A.
General.
(1)
In addition to the submission of application filing fees (which are charged to cover general Township administrative costs), as set forth hereinbefore, development applications which meet the criteria established herein shall be accompanied by a deposit of escrow funds in accordance with the provisions of this section.
(2)
Said escrow funds shall be utilized to cover the cost to the Township of professional services rendered to the Township 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 Township. Professional fees and salaries incurred in connection with the review of an application, plans, consultation, site inspections, written report, resolution preparation, meeting attendance, general preparation, research, testimony and other work performed by the board planner, attorney, Township Engineer, Township utilities engineer, consulting engineer, health officer, certified tree expert and any other professional consulting service, such as a professional traffic consultant, that may be required due to the nature of the application, shall be paid from the escrow funds. Escrow funds that are deposited with the Township as provided for in this section shall not be utilized to pay inspection costs required during the construction process.
[Amended 3-17-2003 by Ord. No. O-03-7]
B.
Escrow amounts. Escrow funds in the amounts specified in Chapter 139, Fees, shall be required relative to the following applications:[1]
[Amended 4-22-2002 by Ord. No. O-02-9]
(1)
Sketch plat.
(2)
Final approval.
(3)
Nonresidential preliminary site plan.
(4)
Nonresidential final site plan approval.
(5)
Any application involving more than one of the above categories shall deposit cumulative amounts.
(6)
Use variance and density variance.
(7)
Minor subdivision with variances, except use and density which are set forth above and is an additional amount.
(8)
Bulk variances.
(9)
Informal review of conceptual plans.
(10)
Requests for administrative approval of changes.
(11)
Requests for extensions of time to commence development, or file subdivision maps.
(12)
Requests for zone changes.
(13)
Upon the submission of revised plans, applicants shall pay an additional escrow.
[Added 4-22-2002 by Ord. No. O-02-9]
(14)
The review and approval fee for an individual residential lot's plot plan, without a major or minor subdivision approval or lacking escrow fees posted as part of a major or minor subdivision approval, shall, at the time of fling an application, pay escrow fees to the Township of Howell as set forth in Chapter 139. In the event the cost to review shall exceed the fee set forth in Chapter 139, the applicant shall pay such additional costs based on the Township's hourly charges.
[Added 3-15-2011 by Ord. No. O-11-03[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsection B(14) as Subsection B(16).
(15)
Any revision to the Howell Township Tax Map without a major or minor subdivision approval shall pay a fee to the Township of Howell for the Tax Map review and update as set forth in Chapter 139. In the event the cost exceeds the fee set forth in Chapter 139, the applicant shall pay such additional cost based on the Township's hourly charges.
[Added 3-15-2011 by Ord. No. O-11-03]
(17)
Interpretation of Zoning Map and Ordinance.
[Added 6-24-2014 by Ord. No. O-14-08]
(18)
Conditionally exempt site plan.
[Added 6-24-2014 by Ord. No. O-14-08]
(19)
Prior to depositing escrow fees, every applicant shall enter into an escrow planning agreement with the Township.
[Added 4-22-2002 by Ord. No. O-02-9]
C.
Procedural requirements.
(1)
An applicant to the Site Plan Committee or other review committee shall deposit all escrow funds called for in the within section before the applicant’s appearance before that Committee. An applicant appearing initially before the Planning Board or Zoning Board of Adjustment shall deposit all escrow funds called for in the within section before said appearance. No meeting or hearing with the applicant shall be held by the said boards or committees until all escrow funds and required fees have been deposited in accordance with this section. The escrow sums must be in the form of cash, certified or bank's cashier check or money order. All deposits of escrow funds shall be made to the Township administrative official.
(2)
Additional escrow funds may be required of the applicant when the escrow has been depleted to 25% of the original escrow amount. The Township shall notify the Chief Financial Officer when the escrow funds have been depleted to the aforementioned amount. The Chief Financial Officer shall provide the applicant with a notice of insufficient escrow or deposit balance. In order for work to continue on the development on the application, the applicant shall, within a period of 21 days from date of notification post a deposit to the account in an amount to be agreed upon by the Township and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
(3)
Deposits received from any developer pursuant to this section shall be deposited in a banking institution or savings and loan association in this state insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the state, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or saving deposits. The Township 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 Township shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the developer and shall be refunded to him by the Township 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 Township may retain for administrative expenses a sum equivalent to not more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses pertaining to the escrow account.
(4)
The Chief Financial Officer of the Township shall make all of the payments to professionals for services rendered to the Township for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. Such fees or charges shall be based upon a schedule established by resolution or resolutions as adopted by the Township Council for professional services.
(5)
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-53.1.
(6)
All disbursements to consulting professionals, Township consulting professionals and Township employed professionals for services involved in processing an application which requires escrow account deposits shall be charged against the escrow account.
(7)
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.
(8)
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 Township on a monthly basis in accordance with schedules and procedures established by the Chief Financial Officer of the Township.
(9)
If the services are provided by a Township employee, 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 Township simultaneously to the applicant.
(10)
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 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 Township.
(11)
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 Township shall not bill the applicant, or charge an escrow account or deposit, for any Township 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 Township professional add any such charges to his bill.
(12)
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 subdivision or site plan.
(13)
All professional charges for review of an application for development, review and preparation of documents, or inspection 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 requests for modifications or amendment made by the applicant.
(14)
If the Township retains a different professional or consultant in the place of the professional originally responsible for development application review or inspection of improvements, the Township 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.
(15)
If the salary, staff support and overhead for a Township professional are provided by the municipality, the charge shall not exceed 200% of the sum of the product resulting from multiplying the hourly base salary of the professional by 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.
D.
Inspection fees.
(1)
Inspection fees shall be charged only for actual work shown on a subdivision or site plan required by the Township. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work, and such inspections shall be reasonably based on the approved development plans and documents.
(3)
The amount of monies to be deposited with the Township shall be as set forth in § 188-46 of this chapter.
(4)
The terms and provisions of this Subsection D, Inspection fees, shall be retroactive to August 13, 1991, except that it shall not apply to those inspection fees paid to the Township under the terms and provisions of a land use developer's agreement whereby it was agreed by the developer that said inspection fees would be treated as a flat, non-escrow, inspection fee.
(5)
The Engineering inspection fees for an individual lot's plot plan, without major or minor subdivision approval or lacking escrow fees posted as part of a major or minor approval, shall, at the time of filing an application, pay escrow fees to the Township of Howell as set forth in Chapter 139. In the event the cost of the inspections shall exceed the fee set forth in Chapter 139, the applicant shall pay such additional costs based upon the Township's hourly charges.
[Added 3-15-2011 by Ord. No. O-11-03]
E.
Refund of monies in escrow account. The following close-out and refund procedure shall apply to all deposits and escrow accounts established under the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and shall commence after the Township 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 improvement inspection escrows and deposits and the Township has further determined that there is no longer any need to retain any escrow account:
(1)
The applicant shall send written notice by certified mail to the Chief Financial Officer and to the relevant Township professional that the application or the improvements are completed.
(2)
After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer within 30 days and shall send a copy simultaneously to the applicant.
(3)
The Chief Financial Officer shall render a written final accounting to the applicant on the uses to which the escrow account deposit was out within 45 days after the receipt of the final bill.
(4)
Any balances remaining in the deposit or escrow account, including interest in accordance with the requirements of N.J.S.A. 40:55D-53.1, shall be refunded to the developer along with the final accounting.
(5)
In the event that an applicant requests a refund of any balances remaining in a deposit or escrow account and it is necessary for the Township to provide additional professional services or inspection services relating to that development application, it will be necessary for the developer to post a new deposit or escrow amount pursuant to this subsection as if it were a new development application.
F.
Dispute of charges.
(1)
An applicant shall notify in writing the Township Council 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 Township 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.)
(2)
The Township Council or its designee shall, within a twenty-one-day period attempt to remediate any disputed charges. In the event that the matter is not resolved to the satisfaction of the applicant, the applicant may appeal, in writing, to the County Construction Board of Appeals established under Section 9 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-127).
(3)
An applicant filing an appeal shall simultaneously send a copy to the Township, the approving agency, and any professional whose charge is the subject of the appeal.
(4)
Any appeal shall be filed within 45 days from receipt of the informational copy of the professional's voucher, except that if the professional has not supplied the applicant with the informational copy of 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.
G.
Fees and escrows for proposed developments which include affordable housing components.
[Added 12-16-2008 by Ord. No. O-08-48; amended 3-24-2009 by Ord. No. O-09-08]
(1) AFFORDABLE HOUSING PLAN DEVELOPER ESCROW DEPOSIT PROPOSAL REIMBURSABLE SERVICES TOWNSHIP TOWNSHIP CONSULTANTS
Definitions. As used in this Subsection G, the following terms shall have the meanings indicated:
The affordable housing plan (or plans) set forth in the housing element of the Township Master Plan that is approved by the Township Planning Board and endorsed by the Township Council and which the Township files with either the Council on Affordable Housing ("COAH") seeking substantive certification and/or with the court seeking a judgment of repose; both pursuant to the requirements of the Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
Any person or business entity seeking to construct a project which includes an affordable housing component and seeking the Township's consideration of the inclusion of such project within the Township's affordable housing plan.
The meaning set forth within Subsection G(3) herein.
Any proposal by a developer to construct a project which includes affordable housing components which seeks the Township's consideration of the inclusion of such project within the Township's Affordable Housing Plan.
The meaning set forth within Subsection G(4) herein.
The Township of Howell, County of Monmouth, State of New Jersey.
Includes any salaried Township professional and supporting staff and consultants retained by the Township or its Land Use Boards in order to provide professional services to the Township, including but not limited to engineering, planning and legal services.
(2)
Application and fee.
(a)
All developers seeking to submit a proposal to the Township must complete an application on a form prescribed by the Township Council and approved by the Township Engineer and Township Solicitor. The Township will not consider a proposal until an application is properly filed and all associated fees and escrows are paid in full.
(3)
Escrow deposit.
(a)
The Township shall require a minimum escrow deposit as set forth in Chapter 139, Fees, for all developers seeking the Township's consideration of their proposals. If the Township determines that it is necessary due to the scale and complexity of the proposal, the Township may require the developer to establish an escrow deposit in an amount exceeding said by providing written notification thereof to the developer.[5]
(b)
The escrow deposit shall be deposited by the Township into an interest-bearing escrow account and shall be utilized to reimburse the Township for the reimbursable services performed on behalf of the Township by the Township consultants. No applicant shall be charged for any municipal, clerical or administrative functions, other than the initial application processing fee, overhead expenses, meeting room charges or any of the municipal costs and expenses except as provided for specifically herein; nor shall a Township consultant add any such charge to his bill.
(c)
Any interest accumulated in the escrow account shall be rolled into the escrow deposit and used to reimburse the Township for reimbursable services performed on behalf of the Township by the Township consultants.
(4)
Scope of reimbursable services. The Township shall be entitled to be reimbursed for all professional services performed by the Township consultants relating in any way to the Township's consideration of the developer's proposal. Reimbursable services shall include, but not be limited to, the following Township consultant services: the review of proposals, both as to completeness and as to content; the review and preparation of documents, including, but not limited to, drafting resolutions, agreements, and correspondence relating to the proposal; inspection fees associated with the proposal; phone conferences between Township consultants and any other person or party regarding the proposal; and attendance at any meetings relating to the proposal.
(5)
Replenishment of escrow deposit. If the escrow deposit falls below $1,000 at any time, the Chief Financial Officer of the Township will provide written notification thereof to the developer, and the developer shall replenish the escrow deposit to its full initial amount within 15 days of its receipt of such written notification. The failure of the developer to timely replenish the escrow deposit shall be deemed to be terminate the developer's application seeking the Township's consideration of its proposal and, in that event, the close-out procedures for the escrow deposit set forth herein will be initiated and the Township shall have no further obligation to consider the developer's proposal or to have the Township consultants provide any reimbursable services relating thereto.
(6)
Payments from escrow deposit. Each payment charged to the escrow deposit for reimbursable services shall be pursuant to a voucher from the applicable Township consultant which voucher shall identify the personnel performing the service, the date that the services were performed, the hours spent (to at least one-quarter-hour increments), the hourly rate and the expenses (if any) incurred. All Township consultants shall submit vouchers to the Chief Financial Officer of the Township on a monthly basis in accordance with the schedules and procedures established by the Chief Financial Officer. The Township consultant shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the Township simultaneously to the developer. If the salary, staff support and overhead for a Township consultant are provided by the Township, the charge shall not exceed 200% of the sum of the products resulting from multiplying the hourly base salary, which shall be established annually by ordinance, of each of the professionals by the number of hours spent by the respective Township consultant upon reimbursable services.
(7)
Close-out procedures. The following close-out procedures shall apply to all escrow deposits established and held under this subsection and shall commence after the Township has made final disposition as to the proposal or when the developer provides written notice of its termination of its application. Upon the occurrence of either event, the developer shall send written notice by certified mail to the Chief Financial Officer of the Township requesting a final bill, accounting, and refund of monies, if any, remaining in the escrow deposit. After receipt of such notice, the Township consultants shall render a final bill to the Chief Financial Officer of the Township within 30 days and shall send a copy simultaneously to the developer. The Chief Financial Officer of the Township shall render a written final accounting to the developer on the uses to which the escrow deposit was put within 45 days of receipt of the final bill. Any balances remaining in the escrow deposit, including interest, shall be refunded to the developer along with the final accounting.
(8)
Limitation of inspection fees. Inspection fees shall be charged only for the reasonable and necessary inspection of elements of the proposal.
(9)
Appeals.
(a)
A developer shall notify, in writing, the Township Council with copies to the Chief Financial Officer and the Township consultant whenever the developer disputes the charges made by a Township consultant for reimbursable services. The developer must file such appeal with the Chief Financial Officer within 15 days of receipt of notice of billing of the disputed charges. The Chief Financial Officer shall within 30 days attempt to resolve any disputed charges. Failure of the Chief Financial Officer to act within the thirty-day time period does not constitute a waiver of any right by the Township. If the matter is not resolved to the satisfaction of the developer within this thirty-day period, the developer may appeal the disputed charges to the Township Council. If the developer disputes the Chief Financial Officer's determination, the developer shall file an appeal within five days of receipt of the Chief Financial Officer's determination or the expiration of the thirty-day period, whichever occurs first. A developer or his authorized agent shall submit the appeal, in writing, to the Township Council and any Township consultant whose charge is the subject of the appeal. Failure of the developer to comply within the aforementioned time provisions represents a bar to the respective claim for disputed charges.
(b)
The Township Council shall afford any developer appealing a disputed charge under this subsection an opportunity to be heard and present evidence on its behalf. The Township Council shall schedule the hearing within 45 days of receiving written notice of an appeal. The Township will be allowed to present evidence to support its decision. The rules of evidence do not strictly apply. The Township Council will then issue a final decision, by resolution, describing the appropriate action to be taken within 45 days.
(c)
During the pendency of any appeal, the Township shall continue to process, hear and decide the proposal. The Chief Financial Officer may pay charges out of the escrow 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 developer. If a charge is disallowed after payment to a Township consultant who is not an employee of the Township, the Township consultant shall reimburse the Township in the amount of any such disallowed charge.
(10)
All ordinances or parts thereof inconsistent with the provisions of this Subsection G are hereby repealed as to such inconsistency.
H.
Escrow account to be maintained by applicant.
[Added 9-6-2011 by Ord. No. O-11-26]
(1)
Purpose. Pursuant to New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., applicants for development before the Township’s Land Use Board are required to establish and maintain an escrow account so as to cover professional fees incurred by the Land Use Board for review of the applicants’ plan for development. At times, applicants for development fail to maintain said escrow accounts resulting in the applicant receiving the benefit of the services provided by the Board’s professionals in requiring the municipality to attempt to collect funds by way of a civil proceeding at great cost and expense to the taxpayers. It is the intention of this Subsection H to establish a municipal ordinance violation for failure of an applicant for development to maintain an escrow account and to be notified to do so, establishing penalties with respect thereto.
(2)
Failure to maintain appropriate escrow account. Any applicant for development before the Howell Township Land Use Board who is required by ordinance to establish and/or maintain an escrow account, and who fails to provide sufficient funds in said account after being notified to do so by The Township of Howell, shall be considered to have violated the terms and conditions of this Subsection H. A certification from a Township’s Chief Financial Officer that an applicant for development was provided notice, by way of regular mail and certified mail with a return receipt that their escrow account was deficient, and that 30 days have elapsed since notice was sent by way of regular mail to the applicant for development and said escrow account had not been replenished during that period of time, shall constitute prima facie evidence that the applicant for development has violated the terms of this Subsection H.
(3)
Penalty. Any person or entity who violates the terms and conditions of this Subsection H shall be subject to a fine no less than $250 and no more than $1,000 for each such violation. Each separate claim that a violation continues, meaning for each separate day that the escrow account remains deficient, shall be considered a separate and distinct violation.