A.
Whenever it is required as a condition to subdivision
approval, site plan approval, or conditional use approval that a performance
guarantee must be furnished in favor of the municipality in an amount
not exceeding 120% of the estimated cost of any required improvements
within a stated time, the time allowed for installation of the improvements
for which the performance guarantee has been provided may be extended
by the Township Committee by resolution. As a condition of or as a
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 time of passage of the resolution. The Township Committee shall
have the authority to review the performance guarantee and have the
right to require the applicant to increase the amount of the performance
guarantee posted to cover any increase in the cost of the improvements.
Said increase shall only be required in the event the Township Engineer,
in writing, certifies to an increase in the cost of the improvements.
B.
Upon substantial completion of all required appurtenant
utility improvements and the connection of the same to the public
system, the obligor may notify the Township Committee in writing of
such completion or substantial completion as provided for in N.J.S.A.
40:55D-53d, and, after inspection and report of the Municipal Engineer,
the Township Committee may approve, partially approve or reject the
improvements. Where partial approval is granted, the bond of the obligor
may be reduced, provided that 30% of the amount of the performance
guarantee posted may be retained to insure completion of all improvements.
Notice shall be given to the obligor as required by N.J.S.A. 40:55D-53e.
A.
Escrow deposits. The Planning Board and/or Zoning
Board of Adjustment shall require 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. They shall also be
utilized to pay the cost of review and/or testimony by an expert witness
or witnesses retained by the Municipal Board. The chief financial
officer of the municipality shall make all of the payments to professionals
for services rendered to the municipality or approving authority for
review of applications for development, review and preparation of
documents, inspections of improvements or other purposes under the
provisions of N.J.S.A. 40:55D-1 et seq.
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 provides 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. The municipality shall be entitled to be reimbursed for the review
of applications, both as to completeness and as to content, and for
the review and preparation of documents, such as but not limited to
drafting resolutions, developers' agreements, correspondence regarding
an application and inspection of improvements or other purposes under
the provisions of N.J.S.A. 40:55D-1 et seq.
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 sums in accordance with § 74-57 of this chapter to be held in escrow in accordance with the provisions hereof.
[Amended 4-13-2009 by Ord. No. 2009-11]
D.
Completeness of application.
(1)
The Planning Board and/or the Board of Adjustment
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 Andover, 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:
(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)
Traffic impact of the proposed development.
(d)
Impact of the proposed development on existing
aquifer and/or water quality.
(2)
Upon completion of said review, the Board or its authorized
committee shall determine whether the escrow amount specified above
is sufficient, excessive or insufficient. In the event the Board or
its authorized committee shall determine that amount is excessive,
it shall specify the amount that shall be deemed sufficient, including
a specification, if appropriate, that no escrow be posted. In the
event the Board or its authorized committee shall determine 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 Andover in cash, certified check or money order the amount of escrow
deposit determined by the Planning Board and/or Board of Adjustment
to be required in accordance with the provisions of this section.
E.
Additional escrow deposits. The Board may require additional escrow deposits by the applicant to be posted during the course of the review of an application, provided the original amounts escrowed pursuant to this section have been exhausted and additional professional services or expert services must reasonably be incurred because of the presence of one or more factors enumerated in Subsection D in order to complete the review of the application and to properly decide the same. In the event additional escrow monies 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. In the Board's discretion, their payment may be required as a condition of any approval granted.
F.
Charges for certain professional services to the applicant.
The applicant shall be responsible for reimbursing the municipality
with regard to certain specific professional services in accordance
with the following:
(1)
No applicant shall be required to reimburse the municipality
for the cost of attendance by the municipality’s professional
employees at any regularly scheduled meeting of the municipal agency
or board at which a hearing is held on the application. However, the
municipality shall be entitled to be reimbursed for the cost of the
attendance of its professional consultants at meetings and/or hearings
at which the application in question is reviewed. Where review of
other applications occurs at the same meeting and/or hearing at which
the attendance of the municipality’s professional consultant
is also required, the cost of the attendance of the municipality’s
professional consultant shall be reimbursed to the municipality based
on the time spent reviewing each application.
[Amended 5-8-2006 by Ord. No. 2006-12]
(2)
The municipality shall be entitled to be reimbursed
for attendance of its professional personnel at special meetings of
a municipal agency or board which were requested to be called by the
applicant.
(3)
The cost of the preparation of documents, including
but not limited to resolutions or memorializing resolutions, setting
forth the findings of fact and conclusions of law of the municipal
agency or board with respect to an application shall be reimbursable
to the municipality. The escrow provisions of N.J.S.A. 40:55D-1 et
seq. relating to escrow and escrow fees shall be followed.
(4)
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 municipality for
any of the services referred to in this section shall charge for any
of the services at any higher rate or in any different manner than
would normally be charged the municipality for similar work as ascertained
by the professional's contract of employment with the municipality
or by provisions of the municipal salary ordinance. The charges shall
be reasonable. Payment of any bill rendered by a professional to the
municipality with respect to any service for which the municipality
is entitled to reimbursement under this section shall in no way be
contingent upon receipt of reimbursement by the developer, nor shall
any payment to a professional be delayed pending reimbursement from
a developer.
H.
Deposit of escrowed funds; refunds. Deposits received
from any applicant in excess of $5,000 shall be held by the Municipal
Treasurer in a special interest-bearing deposit account, and, upon
receipt of bills from professionals duly approved by the board or
governing body, as appropriate, the Treasurer may use such funds to
pay the bills submitted by such professionals or experts. The municipality
shall not be required to 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 annually or at the time
the deposit is repaid or applied to the purposes for which it was
deposited, as the case may be, except that the municipality may 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. All sums not actually so expended shall be
refunded to the applicant within 90 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.
I.
Reimbursement for inspection of improvements. The
developer shall reimburse the municipality for all reasonable inspection
fees paid to the Municipal Engineer for the inspection and/or testing
of improvements. The municipality may require the applicant to make
a deposit for all or a portion of the reasonably anticipated fees
to be paid for the Municipal 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
municipal 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. 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.
[Amended 5-8-2006 by Ord. No. 2006-12; 4-13-2009 by Ord. No.
2009-11]
B.
Major subdivision:
(1)
Preliminary major subdivision application fee: $500 plus $100 per
lot.
(2)
Resubdivision application fee: $250 minimum or 25% of preliminary,
whichever is greater.
(3)
Preliminary major subdivision escrow deposit: $750/lot, $3,500 minimum
(Replenish at 30% of initial deposit.), $20,000 maximum initial deposit.
(4)
Final major subdivision application fee: $500 minimum or 25% of preliminary,
whichever is greater.
(5)
Final major subdivision escrow deposit: $250/lot, $2,500 minimum (Replenish at 30% of initial deposit.), $10,000 maximum initial deposit. (Section 74-57B(3) applies to combined preliminary and major subdivision applications.)
(6)
Amended preliminary major or final major application fee: $500.
(7)
Amended preliminary major or final major escrow deposit: $300/lot,
$2,500 minimum (Replenish at 30% of initial deposit.), $10,000 maximum
initial deposit.
C.
Site plan:
(1)
Application fee: $250 minor; $500 preliminary major and final major.
(2)
Minor site plan escrow deposit: $3,000. (Replenish at $1,500.)
(3)
Preliminary major site plan escrow deposit: $2,000/acre of disturbance,
$3,500 minimum (Replenish at 30% of initial deposit.), $20,000 maximum
initial deposit.
(4)
Final major site plan escrow deposit: $1,000/acre of disturbance, $2,500 minimum (Replenish at 30% of initial deposit.), $10,000 maximum initial deposit. (Section 74-57C(3) applies to combined preliminary and final major site plan applications.)
(5)
Amended minor, preliminary major or final major application fee:
$250.
(6)
Amended minor, preliminary major or final major escrow deposit: $3,500.
(Replenish at $1,500.)
D.
Variances:
(2)
Bulk variance under N.J.S.A. 40:55D-70c:
(a)
Residential application fee: $100 each ($300 maximum).
(b)
Additions to existing residential structure application fee:
$100 each ($300 maximum).
(c)
New dwelling structure/lots on improved street application fee:
$400.
(d)
New dwelling structure/lots on unimproved street application
fee: $800.
(e)
Commercial application fee: $500.
(f)
Industrial application fee: $2,500.
(g)
Escrow deposit as identified above, or $3,000 (Replenish at
$1,500.), whichever is greater.
(3)
Use variance under N.J.S.A. 40:55D-70d:
(a)
Residential application fee:
[1]
Single-family: $200. Where proposed residential development does not comply with the density requirements of Chapter 190, Zoning, the fee shall be $200 for each proposed lot not conforming to the density requirements.
[2]
Multifamily:
|
Units
|
Fee
| |
|
2 to 5
|
$500
| |
|
6 to 10
|
$1,000
| |
|
11 to 25
|
$1,500
| |
|
26 to 50
|
$2,000
| |
|
51 to 100
|
$3,000
| |
|
101 to 500
|
$5,000
| |
|
501 and up
|
$10,000
|
(b)
Commercial application fee: $500.
(c)
Industrial application fee: $2,500.
E.
Conditional use application fees.
(1)
Residential zones: $300, except for townhouses and commercial recreation.
(2)
Multifamily: $2,500.
(3)
Business/residential mix: $2,500.
(4)
Business: $1,000.
(5)
Commercial recreation: $2,500.
(6)
Industrial: $3,500.
(7)
Soil removal: $3,500.
(8)
BPO/R: $1,000.
(9)
BPO/1: $1,000.
(10)
Townhouses: $2,500.
(11)
All others: $1,000
(12)
Escrow deposit as identified above, or $3,000 (Replenish at
$1,500.), whichever is greater.
F.
Transcription fees, one-hundred-percent estimated costs: $4.50 per
page.
G.
Revision fees for application previously approved: minimum of $100
or 25% of original fee, whichever is greater.
I.
Fees for items not covered: $300.
J.
Special meeting fees: $650 or the actual cost to the Township of
Andover, whichever is greater. The applicant shall deposit the sum
of $650 with the Township at least five days in advance of the special
meeting. Any balance owed shall be paid within seven days after the
conclusion of the meeting.
K.
Zoning permit: $100 plus all fees for normal subdivisions and site
plans.
N.
All deposits for engineering, legal and other technical review fees shall be made prior to the performance of the professional services which the deposit is intended to cover. When an escrow account is reduced to the replenishment amount identified in §§ 74-57A through M, the applicant shall be required to replenish the account to not less than 100% of the original amount required, or as determined by the appropriate Township of Andover official. Failure to deposit the additional sum in accordance with § 74-56E shall render the application incomplete or missing additional information reasonably required to decide the application. In the Board's discretion, the application shall not be heard until such sum is deposited.
O.
All site improvements and utility installations for both site plans
and subdivisions shall be inspected during the time of their installation
under the supervision of the Township Engineer, Land Use Board Engineer,
or Township designee to ensure satisfactory completion. The cost of
said inspection shall be the responsibility of the owner who shall
pay to the chief financial officer a sum equal to 4% of the amount
of the estimated costs for the required improvements for payment of
the inspection costs.
P.
Where one application for development includes several approval requests,
the sum of the individual required fees shall be paid.
A.
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 Andover, 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 attorney fee.
B.
Should the lien remain unpaid, the Township Tax Collector,
Clerk or other officer authorized by the Township Committee shall
have the power to sell the property to collect the amount of the lien,
together with interest, attorney 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.
