Lakehurst City Zoning Code
§ 25-17.8
Escrow Fees.
[Ord. No. 8/18/88 § 1; Ord. No. 2001-06; Ord. No. 2005-19]
The developer, at the time of filing an application for development, shall pay a $250 administrative fee. In addition to the submission of the administrative filing fee which is charged to cover Borough administrative costs, 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.
Escrow funds shall be utilized to cover the Borough costs of professional and nonprofessional services incurred during the development review process and otherwise. Professional and nonprofessional fees and salaries incurred in connection with review of plans, consultation, site inspections, written report and resolution preparation, meeting attendance, general preparation, research, testimony, and other work performed by the Planning Board, and the Board secretary, engineers, and attorneys, as well as any other professional consulting services as may be required due to the nature of the application, shall be paid from these escrow funds. Escrow fees shall not be utilized to pay inspection costs required during the construction process.
a.
Escrow Amounts. Escrow funds in the amounts specified herein shall be required relative to the following applications:
1.
Sketch plat for Major Subdivision, Minor Subdivision, Preliminary Major Subdivision Approval and Preliminary Site Plan Approval for Residential Use.
Number of Lots or Units | Escrow Amount |
|---|---|
1-3 | $2,000 |
4-10 | $5,000 |
11-25 | $7,000 |
26-50 | $9,000 |
51-100 | $11,000 |
In excess of 100 | $25,000 |
2.
Final Major Subdivision Approval and Final Site Plan approval for Residential Use.
Number of Lots or Units | Escrow Amount |
|---|---|
1-3 | $2,000 |
4-10 | $3,500 |
11-25 | $4,000 |
26-50 | $5,500 |
51-100 | $7,000 |
In excess or 100 | $12,000 |
3.
Nonresidential Preliminary Site Plan Approval, inclusive of Minor Site Plan.
Building Area (square feet) | Escrow Amount |
|---|---|
Less than 5,000 | $4,500 |
5,001-10,000 | $6,000 |
10,001-50,000 | $15,000 |
50,001-100,000 | $30,000 |
In excess of 100,000 | $40,000 |
4.
Nonresidential Final Site Plan Approval. One-half of the original escrow fee shall be paid at the time of final plan application provided, however, that preliminary approval has in fact been received. If the application is for a combined preliminary and final approval, then the preliminary escrow amount should be utilized.
5.
Any application involving more than one of the above categories shall deposit cumulative amounts.
6.
The Borough shall provide the applicant with an accounting of escrow funds within 120 days after the Planning Board has taken action on the application.
7.
All sums not actually expended shall be refunded to the applicant within 120 days after the Planning Board has taken action on the application.
b.
Procedural Requirements.
1.
An applicant for land development shall deposit all escrow funds called for in the within section before the applicant’s appearance before the Planning Board. No meeting or hearing with the applicant shall be held by the Board until all escrow funds and required fees have been deposited in accordance with this subsection. The escrow sums must be in the form of cash, certified check, or money order. All deposits of escrow funds shall be made to the Borough Clerk.
2.
Additional escrow funds may be required when the escrow has been depleted to 20% of the original escrow amount. The Borough shall notify the Board when escrow funds have been so deleted. Professionals and nonprofessionals being paid from escrow funds shall notify the Borough Clerk as to additional costs anticipated to be incurred. The Board shall not take any further action on the application until adequate additional fees have been deposited with the Borough.
3.
Escrow deposits shall be placed in an interest-bearing account and the same shall be administered in accordance with the requirements of N.J.S. 40:55D-53.1.
4.
All disbursements to consulting professionals and applicable charges from Borough-employed professionals and nonprofessionals for services involved in processing an application which requires the deposit of escrow funds shall be charged against the escrow account.
5.
All bills submitted by the Borough’s professionals and nonprofessionals relative to the applications shall specify the services performed for individual applications and the time expended relative thereto. The bill shall also set forth the hourly billing amount which will be the amount charged to the Borough pursuant to the consultant’s and/or the professional’s contract. The hourly billing rate for Borough-employed nonprofessionals shall be 1/35th of their weekly compensation, plus 30% to reimburse the Borough for the benefits supplied to the employee.
6.
The Borough shall provide the applicant with an accounting of escrow funds within 90 days after the Board has taken action on the application.
7.
All sums not actually expended shall be refunded to the applicant within 90 days after the Board has taken action on the application.
8.
No resolution approving any development application which is subject hereto shall be passed by the Planning Board until all fees and escrow sums required hereunder have been paid in full.
9.
The Planning Board is hereby given the authority to revise the amount of escrow required in any application either to increase or decrease the sum where preliminary review indicates a substantial likelihood that the cost of the review, professional fees, and other fees is likely to be either significantly more or less than the proposed escrow amounts.