Milltown City Zoning Code
§ 34-14.2
Fees for Escrow Deposit Accounts.
[Ord. No. 919 Art. X, 2; Ord. No. 1053; amended 11-9-2020 by Ord. No. 2020-1494]
a.
Applications.
1.
Escrow Deposits for Professional Services:
(a)
The Planning Board shall require fees for technical and/or professional services and testimony employed by the Board in reviewing, processing and memorializing an application, including the review services of the Borough Engineer and Planner, Board Attorney and such other experts as may be deemed necessary (i.e. Traffic, Landscaping, Environmental, Soils, etc.). Fees required for this purpose shall be held in an escrow account by the Borough.
(b)
Fees for technical and professional services shall be in addition to any and all other required fees.
2.
Applicants required to submit Escrow Deposits; Exemptions:
(a)
All applicants to the Planning Board, with the exception of those applications involving one single-family dwelling shall submit fees or escrow deposits in accordance with this chapter.
(b)
When the reviewing Planning Board determines that the application will serve a public purpose and promote the public health, safety and welfare, the following applicants may submit 50% of the required escrow deposit:
(c)
Any organization qualifying for paragraph 2(b) above must hold a tax exempt status under the Federal Internal Revenue Code of 1954 (26 U.S.C. Sec. 501 (c) or (d)).
3.
Submission of Escrow Deposits:
(a)
The applicant shall submit the required escrow deposit to the Borough Clerk prior to the application being reviewed for completeness. No application shall be determined complete, reviewed by professional staff or placed on the agenda for public hearing until the required escrow deposit is paid.
(b)
Required escrow deposits shall be in the form of cash, money order or certified check payable to the Borough of Milltown.
4.
Escrow for Informal Review:
(a)
Whenever an applicant requests an informal review of an application for development, involving technical or professional advisors, an escrow deposit shall be required in accordance with the schedule for formal applications. The deposit must be received prior to professional review.
(b)
Any escrow deposit received for informal review shall be credited to the required escrow deposit for formal applications. The cost for professional services involved in the informal review shall be considered part of the formal application review and charged to the escrow account.
5.
Schedule of Required Fees for Escrow Deposits:
(a)
The following sums are required to be deposited in an escrow account for applications to the Planning Board:
(2)
Site plan applications (fees shall be in addition to any required variances):
ii.
Nonresidential site plan (not involving dwelling units)
(i)
Preliminary approval:
(aa) With principal buildings over 1,000 square feet of gross floor area: | |
1,001-2,500 square feet gross floor area | $1,500 |
2,501-5,000 square feet gross floor area | $2,500 |
5,000-10,000 square feet gross floor area | $4,000 |
10,001-15,000 square feet gross floor area | $6,000 |
15,001-20,000 square feet gross floor area | $8,000 |
20,001-25,000 square feet gross floor area | $10,000 |
25,001-100,000 square feet gross floor area | $12,500 |
Over 100,000 square feet gross floor area | $15,000 |
(bb) Without principal buildings over 1,000 square feet gross floor area: | |
Lot area up to 1 acre | $1,000 |
1 acre to 5 acres | $2,000 |
5 acres to 10 acres | $3,000 |
Over 10 acres | $4,000 |
(ii)
Final approval - 20% of preliminary approval escrow fee or a minimum of $1,000, whichever is greater.
(iii)
Minor site plan $750.
(3)
Subdivision application (fees shall be in addition to any required variances):
Minor subdivision (3 lots or less) | $1,000 |
Preliminary subdivision | |
Preliminary approval of 4 to 10 lots | $2,000 |
Preliminary approval of 11 to 25 lots | $3,000 |
Preliminary approval of 26 to 50 lots | $4,000 |
Preliminary approval of 51 to 100 lots | $6,000 |
Preliminary approval of over 100 lots | $7,500 |
Final Subdivisions | |
Final Approval | |
Final Approval of 4 lots to 25 lots | $1,000 |
Final Approval of 26 lots to 100 lots | $2,000 |
Final Approval of over 100 lots: | $3,000 |
(4)
Planned unit development - fees shall be as for a simultaneous major site plan and major subdivision application, with fees for residential and nonresidential development computed separately, and thereafter cumulatively assessed upon the applicant.
(5)
Concept plan applications:
Minor subdivision or minor site plan | $100 |
Major subdivisions: | $500 |
All site plans with more than 1,001 square feet of gross floor area | $500 |
Use variance application | $500 |
All fees for concept plans or informal submission shall be credited toward required escrow fees for the review of the formal application for the same development. | |
(6)
General Development Plan: $1000 (in addition to any other site plan and/or subdivision fees which my also be applicable and required).
(7)
Re-submissions.
i.
Applicants should pay escrow deposit fees based upon 20% of the original submission fee for each resubmission of revised plans, including applications for use variance, preliminary subdivisions, final subdivisions preliminary site plans, final site plans, and planned unit development applications.
(8)
Special design elements - applicants shall pay escrow fees based upon twenty 20% of the original escrow fee, when and as determined by the Planning Board, that the proposed project includes a special design consideration, such as, but not limited to: sanitary sewer pump station, detention or retention ponds, potable water storage facility, traffic signalization device, off -tract improvements, etc.
6.
Escrow Deposit Submission. The escrow fees shall be submitted by the applicant to the Borough Clerk. The escrow amount shall be deposited by the Borough into an official depository of the municipality in a separate interest bearing escrow account in the name of the municipality and the applicant. The custodian of the account shall be the Chief Finance Officer. The custodian shall notify the applicant, in writing, of the name and address of the depository and the amount of the deposit. Disbursements for professional review services shall be made in accordance with State Law and Municipal procedures. Deposit amounts shall be transmitted pursuant to State Statute and applicable municipal regulations and ordinances. When charges for review fees are received by the custodian of the escrow account, the amounts shall be transferred to the general fund of the municipality for approval and disbursements. In accordance with N.J.S.A. 40:55D-53.1, sums not utilized in the review process shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow as detailed elsewhere in this subsection.
7.
Review of Escrow Deposit Amount.
(a)
Prior to making a determination of completeness upon any application, the Planning Board shall review said application to determine whether the escrow amount set forth above is sufficient. If the amount set forth is determined insufficient by the Reviewing Board to cover professional costs anticipated for the application, additional funds in the amount of 1/3 of the initially required escrow fee shall be deposited by the applicant prior to declaring the application complete. The application shall not be declared complete or placed on the agenda for public hearing until such additional escrow deposit is received.
(b)
Further additional escrow deposit fees may be required at any time upon determination by the Planning Board. All approvals shall be conditional upon receipt of such additional fees deposited by the applicant in increments of 1/5 of the initially required escrow fee, when and as determined necessary by the Reviewing Board, and no building permits or certificates of occupancy shall be issued until all required escrow funds have been received.
8.
Appeal of Escrow Deposit. In the event that the applicant believes the escrow deposit to be unreasonable, the Planning Board shall hear and decide whether such fees are reasonable and the applicant may appeal the decision of the Planning Board to the Governing Body, provided the applicant shall provide the Governing Body such transcripts of the Planning Board hearing on fees, at his/ her cost, and such hearing shall be on record. The Governing Body shall set a hearing date, with notice to all parties, and the applicant shall provide a court certified stenographer to record said hearing. The Governing Body may reverse a Panning Board decision only if the Board's decision is not sustained by the preponderance of the evidence.
9.
Escrow Accounts over $5,000; Conditions. Pursuant to N.J.S.A. 40:55D-53.1 whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the municipality for professional services employed by the municipality to review applications, 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 for herein, 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 shall deposit it 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 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 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 applicant and shall be refunded to him by the municipality at the time the deposit is repaid or applied to the purpose for which it was deposited, as the case may be; except that the municipality will 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.
10.
Accounting of Escrow Deposits. In the event any applicant desires an accounting of the expenses or fees paid by him for professional review, he shall request such in a letter directed to the Secretary of the Planning Board. The applicant shall be responsible for any costs incurred by the Planning Board in having its professional and administrative staff prepare an accounting of the fees expended. Such additional amount as may be required for the accounting shall be paid to the Planning Board prior to issuance of a certificate of occupancy in the event that there are insufficient escrow funds to pay for the accounting.
11.
Refunds. All escrow funds described herein shall be utilized by the appropriate Board to pay the cost of any technical and/or professional services incurred by the Board for review, processing, materialization and/or testimony in connection with the particular application. All funds not expended shall be refunded to the applicant within 120 days after the final determination by the appropriate Board with respect to such application. No amount shall be refunded prior to certification by the Board Secretary that said application has been finally determined.