[Added 12-1-1987 by Ord. No. 796-87;
amended 12-27-1988 by Ord. No. 838-88]
A.
There are hereby created escrow accounts, the purpose
of which is to defray the costs of operation of the Planning Board
and Board of Adjustment. The fees paid into the escrow account shall
apply regardless of whether the application is heard before the Planning
Board or the Board of Adjustment.
B.
Escrow agreement; payment of fees.
(1)
Before submitting an application for development to
either the Board of Adjustment or Planning Board, hereinafter "approving
authority," the applicant shall be required to make a deposit with
the Borough Treasurer as hereinafter provided and execute an escrow
agreement to defray the cost to the Borough of all necessary and reasonable
costs incurred for technical and professional review and/or testimony,
including but not limited to engineering and legal fees and expenses,
by the approving authority. Said escrow agreement shall be in a form
approved by the Borough Council.
(2)
The amounts specified for the escrow accounts are
estimates of fees. Said fees must be paid prior to certification by
either board of a complete application. All fees required by this
section shall be paid prior to the application of any applicant being
considered complete; provided, however, that payment of the fee in
and of itself shall not be deemed to make the application complete.
In the event that the amounts required to be deposited by this section
are not sufficient to cover the professional charges to the Borough
of Caldwell, the Planning Board or the Board of Adjustment is hereby
granted the power to request additional funds as provided hereinafter.
In the event that the amounts deposited in escrow shall be in excess
of the amount required for all professional review and charges, the
excess funds plus any accrued interest shall be returned to the applicant
within 30 days of the submission of the final invoice by the Borough
professionals with regard to said application.
[1]
Editor's Note: For provisions pertaining to
escrow accounts in excess of $5,000, see N.J.S.A. 40:55D-53.1.
The Board Secretary or other designee of the
approving authority shall periodically advise the Board of the balance
of all escrow accounts and when additional funds are required as provided
for hereinafter. In the event that additional funds are required,
the Board Secretary or designee shall forthwith notify the approving
authority and the applicant. In the event that the additional fees
are not paid within 14 days of said notice, the application shall
be deemed incomplete, and no further action shall be taken on said
application until the deficiency is cured. In the event that additional
fees are required, they shall be paid to the Borough of Caldwell in
accord with the same agreement already entered into or any additional
terms which may be agreed to by the applicant and the approving authority.
After Board approval and before issuing a construction permit or certificate
of occupancy for any element of a project, the Zoning Officer shall
determine from the Board Secretary or aforesaid designee whether there
are sufficient escrow funds to pay all pending bills attributable
to the particular project.
A.
The following subdivision review escrow account fees
are hereby established, and they shall be in addition to the variance
and site plan review fees when site plan is required in addition to
subdivision:
|
Subdivision Review
|
Escrow Account Fee
| |
|---|---|---|
|
Minor subdivision
|
$200
| |
|
Major subdivision
| ||
|
Sketch plan
|
$250 plus $15 per lot
| |
|
Preliminary plat
|
$750 plus $25 per lot
| |
|
Plan revisions
|
1/2 the total of the previously submitted fees
covering the initial plan review procedure
| |
|
Final plat
|
$500 plus $10 per lot
| |
B.
Variance and site plan review escrow account fees.
The following site plan review escrow account fees are hereby established:
|
Variance and Site Plan Review
|
Escrow Account Fee
| |||
|---|---|---|---|---|
|
Site plans
| ||||
|
Preliminary
| ||||
|
Residential
|
$750
| |||
|
Nonresidential
|
$750
| |||
|
Plan revisions
|
1/2 the total of the previously submitted fees
covering the initial plan review procedure
| |||
|
Final
|
$500
| |||
|
Conditional use applications
|
$200
| |||
|
Variances and appeals
|
$200
| |||
|
Variance requesting relief under N.J.S.A. 40:55D-70d
|
$250
| |||
|
Variance requesting relief other than under
N.J.S.A. 40:55D-70d
|
$100
| |||
C.
Minimum balance; when required. There shall be an additional fee due and owing whenever the original fee paid into escrow is reduced by charges against the account to 25% or less of the original fee. The Board Secretary or designee shall, in writing, require the applicant to provide additional moneys to bring the escrow account up to 50% of the fee originally paid, which additional fee shall be payable prior to the Planning Board or Board of Adjustment taking any further action of any sort on the application before it in accordance with § 210-55.
D.
Accounting of fees. In the event that any applicant
desires an accounting of the expenses or fees paid by him for professional
review, he shall request the same in a letter directed to the respective
Board Secretary or designee. The applicant shall be responsible for
any costs incurred in having the Boards' professional and/or administrative
staff prepare an accounting of the fees expended.
A.
There are hereby created escrow accounts for the purpose
of defraying necessary and reasonable construction observation and
inspection fee costs charged to the Borough of Caldwell by the Borough
Engineer for all development, with the exception of development of
owner-occupied one- and two-family homes.
B.
Prior to the issuance of a building permit, the applicant
shall be required to make the deposit for construction observation
and inspection fee costs and execute the herein referred to escrow
agreement. The applicant shall execute an escrow agreement to defray
the costs to the Borough of all necessary and reasonable inspection
costs incurred by technical and professional review of the Board's
Engineer. Said escrow agreement shall be in a form approved by the
Borough Council. The amount specified below for the escrow funds are
estimates of the fees charged to the Borough. In the event that the
amounts required to be deposited for said fees by this section are
not sufficient to cover the construction, observation and inspection
fees to the Borough of Caldwell, the Construction Code Official is
hereby granted the power to require an additional fee equal to 25%
of the initial fee. In the event that the amounts posted as inspection
fees are in excess of the amounts required for all professional inspections,
the excess funds shall be returned to the applicant, plus accrued
interest, within 30 days of the issuance of a certificate of occupancy
for the project which the fees cover.
C.
The following construction observation and inspection
escrow account fees are hereby established. Said fees shall be based
on the cost of site improvements as follows:
