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Moonachie City Zoning Code

§ 22-7.1

Fees.

[Ord. #72-10; Ord. #79-20; Ord. #81-6, § 1; 1970 Code § 17-7.1; Ord. #90-17, §§ 1 — 3]
The purpose of this section is to provide for the establishment of a fee schedule for the payment of fees with respect to all applications submitted to the Borough pursuant to Borough Land Use Development Regulations.
a. 
Conventional Applications.
1. 
Required Fees and Escrow Amounts: The following list of applications must be accompanied, at the time of submission of the application, by the fees and escrow amounts set forth in Schedule A.[1] These fees and escrow amounts shall consist of the sum of the following:
(a) 
In Column A, an administrative fee which is charged to the applicant to cover the costs associated with the clerical processing and filing of the application, which fee shall be non-refundable;
(b) 
In Column B, a professional review escrow amount which shall be deposited into the Professional Review Escrow Account, maintained by the Municipal Treasurer. The deposit required of the applicant and deposited into the Professional Review Escrow Account shall cover the costs associated with the required review of the application by the Zoning Board of Adjustment or Planning Board's engineer, planner or attorney, and for applications submitted pursuant to N.J.S.A. 40:55D-70d, such other professionals as the Zoning Board of Adjustment may reasonably require, which review shall include a written report on the application to be submitted to the Board. Prior to drawing monies out of the Professional Review Escrow Account, each professional engaged by the Board shall submit an invoice to the Board Chairperson, or his/her designee for approval. Following conclusion of the hearings and meetings regarding the application, any unused funds deposited by an applicant into the Professional Review Escrow Account shall be refunded to the applicant. Upon reimbursement of any unused funds, an applicant may request an accounting of expended funds and same will be provided to the applicant within 30 days of a written request filed with the Board.
2. 
Additional Fees. An applicant may request that a Board professional schedule additional time, in excess of that covered by the monies paid into the Professional Review Escrow Account, for review of a specific application. If the Board professional consents to such a request, both the applicant and the professional shall sign a consent form authorizing such additional review. When the additional review is completed, the professional shall submit an invoice to the Board, and simultaneously therewith a copy to the applicant, detailing the number of hours expended for such review, the professional's fee, and a description of the work performed. Said invoice shall be due and payable by the applicant prior to memorialization of the Board's decision on the particular application.
3. 
"d" Variances. On each application for a "d" variance filed pursuant to N.J.S.A. 40:55D-70d, the applicant shall be required to post to the Professional Review Escrow Account a minimum amount of $500. The applicant shall also be required to post such additional amounts into the Professional Review Escrow Account as may be deemed to be reasonably required by the Board to appropriately consider the application. The amounts required pursuant to this subsection shall be required to cover the costs of review of the application by the Board's engineer, planner and attorney as well as the costs of possible review, in appropriate instances, by "special" professionals, e.g., traffic, landscaping, and environmental professionals required to review specific aspects of the application. An applicant shall be notified in writing when additional amounts to restore the Professional Review Escrow Account shall become due and payable. Prior to withdrawal of any funds from this Professional Review Escrow Account, an invoice shall be submitted to the Board Chairperson or his/her designee, setting forth the work performed for which such fees are being requested. Following conclusion of the hearings and meeting regarding the application, any unused portion of this Professional Review Escrow Account shall be refunded to the applicant. Upon reimbursement of any unused funds, an applicant may request an accounting of expended funds, and same will be provided to the applicant within 30 days of a written request filed with the Board.
(a) 
Special Planning Board or Zoning Board of Adjustment Meetings. Any applicant may request that a special meeting of a Board be scheduled and devoted exclusively to a single application. Such meeting shall be scheduled upon request of the applicant and at the discretion of either the Board Chairperson or his/her designee. The time of the Board's professionals required to prepare for and follow up after such special meeting shall be charged against such Professional Review Escrow Account. The Professional Review Escrow Amount for such a meeting shall be $500. The Professional Review Escrow Amount shall be posted by the applicant prior to or at the commencement of the special meeting. The applicant shall be required to deposit any additional funds into the Professional Review Escrow Account which may be required to cover costs for professional services in excess of the initial deposit.
(b) 
Where an application for development includes several approval requests, the sum of the individual required fees shall be paid, except that there shall be no cumulative fees charged to an applicant for individual bulk variances which may be part of a "d" variance application.
4. 
Waiver and Remission of Fees. (1) The Board, when acting upon application, 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.
5. 
The fees set forth in the aforementioned schedules are exclusive of any other charges which may be required by the Borough to cover the costs of the inspection of buildings or improvements in conjunction with the issuance of construction permits or Certificates of Occupancy.
6. 
In the event that any fees paid by an applicant into the Professional Review Escrow account shall exceed $5,000 such applicant's account shall be placed into an interest-bearing trust account in conformance with the requirements of N.J.S.A. 40:55D-53.1. The applicant shall be notified, in writing of the institution in which the deposit has been made and the amount of such deposit. Any interest earned on the account shall be applied in accordance with the provision of N.J.S.A. 40:55D-53.1. The Borough shall keep records of all application fees paid in accordance with generally accepted accounting principles. The fees for all professional reviews of an application shall be charged to the applicant at the same rate and in the same manner as that charged by the professional to the Borough.