[Amended 3-17-1986]
The application fee for an informal review of
a concept plan, pursuant to N.J.S.A. 40:55D-10.1, shall be 1/2 of
the regular fee attributable to the subject matter of such application
for development. In the event that the applicant shall, within six
months thereafter, prepare and submit a formal application for development,
the applicant shall receive full credit for all fees paid in connection
with such informal review of a concept plan, which credit shall be
applied against the base application fee due thereafter and payable
upon the filing of such formal application.
[Amended 2-4-2008 by Ord. No. 2-2008]
The fee for obtaining a certificate of approval and/or release of a performance bond or a maintenance bond shall be as set forth in Chapter A287, Fees, for each lot shown on the plat for which such certificate of approval and/or release is sought.
[Amended 2-4-2008 by Ord. No. 2-2008]
The fee for preparation of a certified list of adjacent property owners, prepared pursuant to N.J.S.A. 40:55D-12(c), shall be as set forth in Chapter A287, Fees.
[Amended 8-7-1989 by Ord. No. 12-1989]
A.
Escrow deposits. The Planning Board shall require,
in addition to the base application fees set forth above, escrow deposits
in accordance with the provisions of this section. Such deposits shall
be utilized to pay the cost of any professional services incurred
for the review of an application for development to the Board. The
Township shall make all of the payments to professionals for services
rendered to the municipality for review of applications for development,
review and preparation of documents, inspection of improvements or
other purposes under the provision of N.J.S.A. 40:55D-1 et seq. The
deposit received from a developer shall be placed in an escrow account
pursuant to the provisions of N.J.S.A. 40:55D-53.1. Such deposit shall
be utilized to pay the cost of any professional services incurred
for the review of an application for development to the Board and
may also be utilized to pay the cost of review and/or testimony by
an expert witness or witnesses retained by the municipal agency. All
payments charged to the deposit shall be pursuant to vouchers from
the professionals stating the hours spent, the hourly rate and the
expenses incurred. The municipality shall render a written final accounting
to the developer on the uses to which the deposit was put. Thereafter,
the municipality shall, upon written request, provide copies of the
vouchers to the developer. Payment due professionals retained by the
municipality shall be made upon receipt of adequate moneys from applicants
for development.
[Amended 9-7-1993 by Ord. No. 5-1993; 5-4-1995 by Ord. No. 4-1995]
B.
Professional services defined. The term "professional
services," as utilized herein, shall include the services of a duly
licensed engineer, surveyor, planner, attorney, scientist, realtor,
appraiser or other professional or expert who provided services for
review, advice, preparation of reports and/or expert testimony, for
inspection of the property and surrounding area and for tests performed,
in order to assist the Board in the review of the application before
it.
C.
Amount of escrow. Subject to the provisions of Subsection D, each applicant shall, prior to the application being ruled complete pursuant to the provisions of the Municipal Land Use Law and this section, submit the sums requested pursuant to Schedule A, available from the Planning Board Secretary.[1]
[Amended 9-7-1993 by Ord. No. 5-1993]
D.
Completeness of application; escrow fees.
(1)
Within 45 days after the filing of an application
for development, the Planning Board or its authorized committee or
designee, as the case may be, shall, in conjunction with the appropriate
representatives of the staff of the Township of Byram, review said
application for development to determine whether the escrow amount
set for the above is adequate. In conducting such review, said Board
shall consider the following criteria:
[Amended5-4-1995 by Ord. No. 4-1995]
(a)
The presence or absence of public water and/or
sewer servicing the site.
(b)
Environmental considerations, including but
not limited to geological, hydrological and ecological factors.
(c)
The traffic impact of the proposed development.
(d)
The impact of the proposed development on existing
aquifer and/or water quality.
(e)
Any other unique land use concerns relating
to the application.
(2)
Upon completion of said review and within said forty-five-day
period, the Board or its authorized committee shall adopt a resolution
specifying whether the escrow amount specified above is sufficient,
excessive or insufficient. In the event that the Board or its authorized
committee shall determine that the amount is excessive, it shall in
the resolution specify the amount that shall be deemed sufficient,
including a specification, if appropriate, that no escrow be posted.
In the event that the Board or its authorized committee shall determine
that the amount specified above is insufficient, it shall so specify
and shall further set forth the amount required to be posted in light
of the criteria specified herein.
(3)
No application for development shall be deemed complete
until such time as the applicant shall have posted with the Township
of Byram in cash, certified check or money order the amount of escrow
deposit determined by the Planning Board to be required in accordance
with the provisions of this section.
E.
Additional escrow deposits.
(1)
The Board may require additional escrow deposits by
the applicant to be posted during the course of the review of an application,
provided that:
(a)
The original amounts escrowed pursuant to this
section have been exhausted; and
(2)
In the event that additional escrow moneys are required,
they shall not be deemed items required for the application to be
complete but may be required as additional information reasonably
required to decide the application. Their payment shall be required
as a condition of any approval granted.
F.
Charges for certain professional services to the applicant.
Applicants shall be responsible to reimburse the Township with regard
to certain specific professional services in accordance with the following:
(1)
The applicant shall be required to reimburse the Township
for the cost of attendance by the Township's professional personnel
at any regularly scheduled meeting of the Township agency or board
at which a hearing is held on the application. However, where hearings
on other applications are held at the same meeting at which the attendance
of the Township's professional personnel are also required, the cost
of the attendance of the Township's professional personnel shall be
reimbursed to the Township on a pro rata basis.
(2)
The Township shall be entitled to be reimbursed for
attendance of its professional personnel at special meetings of a
Township agency or board who were requested to be called by the applicant.
(3)
The applicant shall pay for the review of any revisions
of the applications or maps in the event that the application is declared
incomplete.
[Amended 7-18-1994 by Ord. No. 5-1994]
(4)
The cost of the preparation of a resolution or memorializing
resolution setting forth the findings of fact and conclusions of law
of the Township agency or board with respect to an application shall
be reimbursable to the Township.
(5)
The fees for other professional services incurred
by the Board shall be reimbursed by the applicant to the Township.
G.
Reasonable charges for professional and expert services.
No professional personnel submitting charges to the Township for any
of the services referred to in this section shall charge for any of
the services at any higher a rate or in any different a manner than
would normally be charged the Township for similar work, as ascertained
by the professional's contract of employment with the Township or
by provisions of the Municipal Salary Ordinance.[2] The charges shall be reasonable.
H.
Deposit of escrowed funds; refunds. Deposits received
from any applicant shall be held by the Chief Financial Officer in
a special interest-bearing deposit account, and upon receipt of bills
for professionals duly approved by the Board or governing body, as
appropriate, the Chief Financial Officer may use such funds to pay
the bills submitted by such professionals or experts. All sums not
actually so expended and any interest earned thereon shall be refunded
to the applicant within 60 days after the final decision by the appropriate
Board with respect to such application, upon certification by the
Board Secretary that such application has been finally decided and
all professional fees have been paid.
[Amended 3-5-1990 by Ord. No. 2-1990]
I.
Reimbursement for inspection of improvements. The
developer shall reimburse the Township for all reasonable inspection
fees paid to the Township Engineer for the inspection and/or testing
of improvements. The Township may require the applicant to make a
deposit for all or a portion of the reasonably anticipated fees to
be paid to the Township Engineer for such inspections pursuant to
N.J.S.A. 40:55D-53h.
J.
Inspection of improvements. All of the improvements
in a subdivision or site plan shall be inspected and approved by the
Township Engineer. The subdivider or his agent, employee or contractor
shall notify the Township Engineer and the Secretary of the reviewing
Township board when the work is ready for any required inspection
specified herein or required to be performed by the Township Engineer,
the Construction Official or the appropriate subcode official. This
notice shall be given at least 48 hours prior to the start of the
construction and at least 48 hours prior to the time the inspection
is desired. The inspection shall be performed within three business
days of the time for which it was requested. The work shall not proceed
in a manner which shall preclude the inspection until it has been
made. No underground installation shall be covered until inspected
and approved.
K.
Liens on property.
(1)
Should any fees for applications for development,
expert witness fees, consultant's fees, review fees, inspection fees
or fees of any nature connected with an application for development
be due and unpaid by an applicant for development and/or owner of
the subject property for a period of 14 days after written notice
of the amount due was mailed to the owner and applicant, the Township
Clerk or Mayor or Assistant Clerk or other officer or employee of
the Township of Byram may execute a written statement of lien showing
the amount due to the Township and may record the same in the Sussex
County Clerk's office as a lien on the subject property. The lien
shall include interest at the rate of 12% per annum, recording fees
and a reasonable attorneys' fee.
(2)
Should the lien remain unpaid, the Township Tax Collector,
Clerk or other officer authorized by the Township Council shall have
the power to sell the property to collect the amount of the lien,
together with interest, attorneys' fees and recording fees pursuant
to N.J.S.A. 54:5-19 et seq., and other applicable laws of the State
of New Jersey.
[Amended 2-4-2008 by Ord. No. 2-2008]
If requested by the applicant, in writing, special meetings of the Planning Board may be held in the Byram Township Municipal Building or at such other place within the Township as may be fixed by the Board upon such date and at such hour as may be determined by the Board upon the payment of a special meeting fee as set forth in Chapter A287, Fees, which fee shall accompany the request for such special meeting. Such special meeting fee shall be in addition to such base application fee or supplemental base application fee and review fee escrow deposit which may be otherwise applicable. The applicant will also be obliged to indemnify and reimburse the Board from its review fee trust account for the cost of publication of any required special notice and any other reasonable costs which may be incurred by the Board with respect to such special meeting, including the attendance fees for any required staff professionals or consultants. Whether or not a special meeting shall be held at the request of an applicant shall be within the sole discretion of the Board.
Any board, agency, committee or entity of the
Township of Byram may make application to the Planning Board without
the requirement for making payment of any of the fees hereinabove
provided. Notwithstanding any other provision of this chapter to the
contrary, the Planning Board may waive any base application fees or
supplemental base application fees, or portions thereof as hereinabove
provided, for nonprofit organizations and other organizations, persons
or entities where it is deemed to be in the best interests of the
Township of Byram; provided, however, that the Planning Board shall
not be empowered to waive the making of a review fee escrow deposit
absent the concurrence of the Township Council, which concurrence
shall be expressed in a formal resolution of the Township Council
adopted by 2/3 of the full membership thereof.
