Borough of Milford, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of Milford 10-6-2014 by Ord. No. 820-2014. Amendments noted where applicable.]
GENERAL REFERENCES
Land use administration — See Ch. 19.
Subdivision of land — See Ch. 170.
Zoning — See Ch. 190.

§ 20-1 General requirements.

A. 
Every application for development made to the Milford Borough Joint Land Use Board (the "Board") or to the Milford Borough Common Council (the "Council" or the "governing body"), as the case may be, shall be accompanied by the fees set forth herein, which fees shall be payable to the Borough of Milford. Said fees, upon receipt, shall be disposed of as herein set forth.
B. 
The application is a flat fee to cover administrative expenses and is nonrefundable. The escrow account is established to cover the costs of professional services, including engineering, planning, legal and other expenses connected with the review of the submitted materials. Sums not utilized in the review process shall be returned to the applicant.
C. 
No review shall be taken on any plan until such time as the initial fees and escrows are paid in full, and the Milford Borough Joint Land Use Board Engineer shall not commence reviewing the application until he is advised that the fees and escrows have been paid. The escrow associated with each application shall be replenished whenever the original escrow is reduced by charges against the account to 35% or less of the original amount. The administrative officer of the Board shall notify the applicant of the requirements to replenish the escrow, and the applicant shall be requested to replenish 100% of the original escrow account. No further consideration, review, processing or inspection shall be performed by or on behalf of the Board until the additional escrow has been paid.
D. 
Where one application for development includes several approval requests, the sum of the individual required fees shall be paid.
E. 
Each applicant for subdivision or site plan approval shall execute an escrow agreement as provided by the Milford Borough Joint Land Use Board wherein the applicant shall agree to pay all reasonable costs for professional review of the application and for inspection of the improvements. All such costs for review must be paid before any approved plat, plan or deed is signed, and all inspection fees must be paid before any construction permit is issued, and all remaining costs must be paid in full before any occupancy of the premises is permitted or certificate of occupancy issued.
F. 
If an applicant desires a court reporter, the cost for taking testimony and transcribing it and providing a copy of the transcript to the Borough shall be at the expense of the applicant who shall arrange for the reporter's attendance.

§ 20-2 Subdivision fees.

A. 
Lot line adjustment: application fee of $100 and escrow account of $500, plus $100 for the third lot and each lot thereafter.
B. 
Informal review, minor subdivision (sketch only recommended):
(1) 
Without a professional: $0.
(2) 
With professional and plan: application fee of $100, plus escrow of $1,000.
C. 
Informal review, major subdivision:
(1) 
Without a professional: $0.
(2) 
With professional and plan: application fee of $100, plus escrow of $2,000, plus $200 per lot.
D. 
Minor subdivision plat: application fee of $200, escrow of $500, plus $500 per lot, plus minimum of $2,000.
E. 
Preliminary major subdivision plat: application fee of $500, plus $100 additional per lot, and escrow of $5,000, plus an additional $200 per lot.
F. 
Final major subdivision plat: application fee of $200, plus $100 per lot, and escrow of $1,000, plus $100 per lot.
G. 
Waiver of design standards: escrow of $350 for professional.

§ 20-3 Site plan fees.

A. 
Informal review:
(1) 
Minor site plan (sketch plat recommended):
(a) 
Without a professional: $0.
(b) 
With professional plus sketch: application fee of $100 and escrow of $1,000.
(2) 
Major site plan:
(a) 
Without a professional: $0.
(b) 
With professional plus sketch: application fee of $200, plus escrow of $2,000, plus $200 per lot.
B. 
Preliminary site plan: application fee of $800.
(1) 
Commercial site plan: $2,000, plus $25 per square foot.
(2) 
Residential site plan: $2,000, plus $100 per unit.
C. 
Final site plan: application fee of $300 and escrow of $300.
(1) 
Commercial site plan: application fee of $1,200, plus $0.25 per square foot of gross floor area, with a minimum of not less than $1,000.
(2) 
Residential site plan: $200 per lot.
D. 
Final site plan, minor: application fee of $300.
(1) 
Commercial: $1,200, plus $0.25 per square foot of gross floor area, with a minimum of not less than $2,000.
(2) 
Residential: $200 per lot.
E. 
Amendment of preliminary or final plat or plan. An applicant seeking to amend an approved preliminary or final plat or plan shall pay a fee 1/2 the preliminary or final plat or plan fee, as appropriate. If the approving authority determines that the proposed amendment will result in a substantial change of the previously approved plat or plan, the application shall be treated as a new application for preliminary or final approval and be processed accordingly, and the applicant shall pay a full fee in accordance with the provisions provided for herein.
F. 
Waiver of design standards: application fee of $150 per request, and escrow of $350 for professional review.

§ 20-4 Fees for variances.

A. 
Appeals pursuant to N.J.S.A. 40:55D-70a: application fee of $250 and escrow deposit of $1,000.
B. 
Interpretations pursuant to N.J.S.A. 40:55D-70b: application fee of $250 and escrow deposit of $1,000.
C. 
Bulk variances pursuant to N.J.S.A. 40:55D-70c: application fee of $300 and escrow deposit as follows:
(1) 
For the first requested variance: $1,000; and
(2) 
For each additional variance: $200.
D. 
Appeals pursuant to N.J.S.A. 40:55D-35 or 40:55D-36: application fee of $300 and escrow deposit of $1,000.
E. 
Use variance pursuant to N.J.S.A. 40:55D-70d: application fee of $300 and professional escrow of $5,000.

§ 20-5 Miscellaneous fees.

A. 
Appeals to the Common Council: application fee of $400.
B. 
Certified list of property owners: fee of $10.
C. 
Copies of minutes, resolution or other documents: as per N.J.S.A. 47:1A-5b.
D. 
Site plan exemption application: $100 per application, escrow of $500.
E. 
Special meeting fee. An applicant may request a special meeting. The Board may schedule such special meeting at a date and time convenient to the applicant, the Board and the public, in accordance with the Open Public Meetings Act.[1] There shall be paid to the Borough, prior to the meeting, a nonrefundable special meeting fee of $750 for each special meeting requested.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.

§ 20-6 Appeals to governing body.

Nine copies of the transcript(s) of the hearing(s) before the Milford Borough Joint Land Use Board from whom the appeal is taken shall be submitted as provided in N.J.S.A. 40:55D-17c.

§ 20-7 Guarantees and inspections.

A. 
Inspection fees shall be paid prior to beginning construction.
B. 
Approval requirements.
(1) 
No final plat shall be approved until all required improvements (on-site, on-tract and off-tract) have been installed and approved by the Borough Engineer and accepted by the governing body and a maintenance guarantee has been filed and accepted by the governing body or their installation shall have been provided for by a performance guarantee accepted and approved by the governing body. No maintenance bond or partially completed facility shall be accepted for any item which has further stages of work or which will need to be altered or reworked due to the installation of any other facility. Any improvements installed prior to the final plat application that do not meet required standards shall be added to the performance guarantee.
(2) 
As part of its final plat review, the approving authority shall determine which of the following improvements shall require a performance guarantee: on-site and/or on-tract improvements, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, as shown on the final plat and required by N.J.S.A. 46:26B-1 et seq., water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in case of site plans only, other on-site improvements and landscaping.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C. 
Performance guarantees for off-site and/or off-tract improvements.
(1) 
A performance guarantee estimate of cost of improvements shall be submitted to the approving authority by the Borough Engineer as part of his report on final plat review. The approving authority may request the Borough Engineer to update this estimate as required.
(2) 
The applicant shall submit the performance guarantee required for final plat approval to the Borough Engineer and Attorney for review and then to the governing body for approval and acceptance by resolution. Final plat submission shall not be made until the performance guarantee has been accepted and approved by the governing body.
(3) 
The performance guarantee shall consist of cash, certified check or letter of credit, which shall be deposited with the Borough Treasurer. The Treasurer shall issue a receipt of such deposits and shall retain them, to be returned to the developer upon completion of all required work or, in the event of default, to be used by the Borough to complete the requirements. If the improvements have not been completed in accordance with the standards or within the stipulated time but no longer than two years, the obligor and surety for any bond shall be liable thereon for the reasonable cost of completing the improvements. Upon authorization by the governing body, the Borough Attorney shall take the necessary steps to obtain such costs from the obligor and surety. The Borough may, either prior to or after receipt of the proceeds thereof, complete such improvements.
(4) 
The total performance guarantee shall equal 120% of the performance guarantee cost estimate, plus an amount equal to 15% of the cost of any facilities installed prior to final plat submission as a maintenance guarantee. Ninety percent of this total shall be paid by certified check, bank money order or letter of credit. The remaining 10% shall be in cash and shall be paid in a like manner and under the same conditions as the security aforesaid. In the event of default, the ten-percent cash fund shall be first applied to complete the requirements, and the cash, certified check or letter of credit shall thereafter be resorted to, if necessary. The cash or letter of credit may recite the foregoing provision. The Borough Engineer's certification that the principal has satisfactorily installed or has defaulted in meeting the required standards of construction shall be the basis for governing body action which accepts or rejects the improvements or withholds the improvements.
(5) 
The Borough Clerk shall immediately notify the approving authority and the Borough Engineer when the performance guarantee has been approved and accepted by the governing body.
D. 
Inspections and tests.
(1) 
Prior to beginning site preparation and/or construction, the developer shall arrange for a preconstruction conference between the developer, contractor and Borough Engineer. The Borough Engineer shall be notified by the developer at least five days in advance of the start of construction. The cost of inspection shall be the responsibility of the developer, who shall reimburse the Borough for all reasonable inspection fees by submitting a certified check or money order to the Borough Clerk. This fee shall be in addition to the amount of the performance guarantee and all application fees as outlined above and shall be deposited initially in accordance with the following schedule. Upon completion of the development and all inspections, the developer shall receive an accounting of the expended funds. Any unexpended funds shall be returned to the developer. Should the initial deposit be insufficient to cover inspections and costs, the developer shall deposit additional sums upon notice of the Borough Clerk, each additional deposit being in an amount not to exceed 50% of the initial deposit.
Estimated Construction Cost
Inspection Fee
Under $5,000
$350
$5,000 to $10,000
$350, plus 5% of excess over $5,000
$10,000 to $50,000
$600, plus 4 1/2% of excess over $10,000
$50,000 to $75,000
$2,400, plus 4% of excess over $50,000
$75,000 to $100,000
$3,400, plus 3 1/2% of excess over $75,000
Over $100,000
$4,275, plus 3% of excess over $100,000
(2) 
In no case shall any paving work be done without permission from the Borough Engineer. At least two working days' notice shall be given to the Borough Engineer prior to any construction so that he or a qualified representative may be present at the time the work is to be done. No construction or clearing should occur until designated wetlands, transition areas and stream corridors have been fenced.
(3) 
Streets shall not be paved with a wearing course until all heavy construction is completed. Shade trees shall not be planted until all grading and earthmoving is completed. The seeding of grass and the placing of surveyor's monuments shall be among the last operations.
(4) 
The Borough Engineer's office shall be notified prior to each of the following phases of work so that he or a qualified representative may inspect the work:
(a) 
Road subgrade.
(b) 
Curb and gutter forms.
(c) 
Curbs and gutters.
(d) 
Road paving (after each coat in the case of priming and sealing).
(e) 
Sidewalk forms.
(f) 
Sidewalks.
(g) 
Drainage pipes and other drainage construction.
(h) 
Street name signs.
(i) 
Monuments.
(j) 
Sanitary sewers.
(k) 
Detention and/or retention basins.
(l) 
Topsoil, seeding and planting.
(m) 
Underground utilities.
(n) 
Shade trees and planting strips.
(5) 
Certificates of occupancy will be issued only when curbs, utilities, functioning water supply and sewage treatment facilities, necessary storm drainage to ensure proper drainage of the lot and surrounding land, rough grading of lots, soil stabilization, base course for the street and driveway, and sidewalks are installed to serve the lot and structure for which the permit is requested.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(6) 
Any improvement installed contrary to the plan or plat approval by the Borough shall constitute just cause to void the municipal approval.
(7) 
Any improvement installed without notice for inspection pursuant to this section hereinabove shall constitute just cause for:
(a) 
Removal of the uninspected improvement;
(b) 
The payment by the developer of any costs for material testing;
(c) 
The restoration by the developer of any improvements disturbed during any material testing; and/or
(d) 
The issuance of a stop-work order by the Borough Engineer pending the resolution of any dispute.
(8) 
Inspection by the Borough of the installation of improvements and utilities shall not operate to subject the Borough of Milford to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter, it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the owner and his contractors, if any.
E. 
Release.
(1) 
After completing the improvements, the developer shall prepare two sets of the plans and the profiles amended to read "as constructed" and apply to the governing body for final inspection of the work. The Borough Engineer shall, within 30 days of completing the inspection, report in writing to the governing body, indicating either approval, partial approval or rejection, with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
(2) 
The governing body shall either approve, partially approve or reject the improvements and shall notify the obligor by certified mail of the contents of the Borough Engineer's report and the action of the approving authority with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of the improvements, except that no approval or partial approval shall be granted until an acceptable maintenance guarantee has been submitted and approved by the governing body to cover the improvements. Where partial approval is granted, the obligor shall be released from liability pursuant to its performance guarantee, except for a portion sufficient to ensure completion of the improvements not yet approved, provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion of all improvements. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from liability pursuant to such performance guarantee for such improvements. The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by resolution of the governing body. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the date of passage of the resolution.
(3) 
If any portion of the required improvements are rejected, the approving authority may require the obligor to complete such improvements, and, upon completion, the same procedure of notification as set forth above shall be followed.
(4) 
Upon request of the developer in writing by certified mail, with copies to the Joint Land Use Board and Borough Engineer, the governing body may reduce the amount of the performance guarantee after considering the report of the Joint Land Use Board and the Borough Engineer. The performance guarantee retained shall be sufficient to cover the cost of uninstalled, uncompleted and defective improvements, engineering costs and an amount equal to 15% until accepted by the governing body and until covered by a maintenance guarantee. Agreement to reduce the performance guarantee in accordance with this provision shall not constitute approval or acceptance of any of the improvements by the governing body. The reduction shall first be in the surety portion of the performance bond and only in the cash portion after all the surety portion has been released.

§ 20-8 Limitations on plat approval.

The approval of any plat under this chapter by the approving authority shall in no way be construed as acceptance of any street, drainage system or other improvements required by this chapter, nor shall such plat approval obligate the Borough in any way to maintain or exercise jurisdiction over such street, drainage system or other improvements. Acceptance of any street, drainage system or other improvement shall be implemented only by favorable action by the governing body.