[Adopted 12-8-1983 by Ord. No. 19-1983]
[Amended 5-4-1989 by Ord. No. 10-1989; 8-25-1994 by Ord. No. 18-1994; 11-10-1994 by Ord. No. 26-1994]
All moneys collected as administrative and professional fees and moneys placed in escrow by the developer for the planned developments, major subdivisions, commercial developments, industrial developments or any other project introduced before the governing body of the City of Egg Harbor City and its representative boards shall be applied to both preliminary and final approval, but shall be charged separately as follows in accordance with approved hourly annual fee schedules fixed by each professional as part of his/her contractual relationship with the City:
[Amended 3-10-2005 by Ord. No. 12-2005; 1-22-2009 by Ord. No. 1-2009; 2-11-2010 by Ord. No. 3-2010]
Site plan waiver requests.
Additional information. The application fee for sketched plots, major and minor subdivisions, major and minor site plans and planned development applications for hearings before the Land Use Board shall be as follows:
[Amended 8-28-2014 by Ord. No. 9-2014]
Escrow funds shall be used to reimburse professional fees (planning, engineering, legal, etc.), including meeting time and additional administrative costs over and above attendance at meetings and routine administrative and office expenses.
Additional escrow funds may be required when the original amount has been depleted by 60% and the development application is still in progress. The amount of additional funds needed shall be determined by the Land Use Board Administrator.
Tax Map revision cost.
Escrow monies that are deposited shall also be used to cover the costs of any revisions or additions to the Tax Map as required by the subdivision (minor or major). The additional costs shall be as follows:
All monies must be deposited into an escrow account prior to any building permits being issued.
Said administrative fees and escrow funds shall be established by the City of Egg Harbor City based upon an estimate of administrative costs and professional fees to be incurred in the review process of said project.
Escrow fees shall be used to reimburse the Land Use Board Solicitor, the Planning Consultant and the City Engineer for reviewing applications to the Land Use Board.
[Amended 8-28-2014 by Ord. No. 9-2014]
All escrow funds shall be applied to cover the cost of any professional fees, which fees shall be incurred specifically for the review and comment upon the development application for the specific development in question. Said escrow fund shall also be applied toward covering administrative fees.
When the amount in escrow has been reduced to 25% of the original amount placed in escrow, the appropriate board shall require the deposit of additional escrow funds, which amount shall be determined by the board or its designee and shall be set at an amount which, in said board's opinion, will be sufficient to cover the cost of completing the review and commentary procedure of the development application.
Professional review fees: refer to escrow fees as listed in applicable schedules.
[Added 1-26-2012 by Ord. No. 2-2012]
The application fees and escrow fees recited herein are minimums which must accompany the application for the application to be considered to be completely filed. An application shall not proceed until the application fee and escrow fee required have been paid. The Land Use Board Secretary or Administrator shall exercise his/her discretion in establishing the figure required for the escrow fund, in the event the project will require more time for review than has been provided for by the figures recited herein, or the project is of a nature that is not expressly included in one of the categories.
[Amended 8-28-2014 by Ord. No. 9-2014]
Application fees and escrow payments must be submitted in separate checks payable to the Egg Harbor City. The escrow fee shall be forwarded by the Board Secretary or Administrator to the Chief Financial Officer of Egg Harbor City for deposit into a developer's escrow account. The application fees shall be deposited into the general account of Egg Harbor City.
The initial escrow payment shall be accompanied by the submittal of an escrow information form as required by the Chief Financial Officer.
Funds shall be applied to professional costs charged to the City by professional consultants (attorney, engineer, planner or any other consultant or specialist retained by the Board) for services or review regarding the development application. Additional funds may be required when the original amount is depleted by 50% and the development application is still in progress. The amount of additional funds needed shall be determined by the Board Secretary or Administrator. The Board reserves the right to not proceed with further action or professional review of an application when the funds in the escrow account have been depleted.
All escrow amounts not actually used shall be refunded pursuant to those requirements listed within N.J.S.A. 40:55D-53.2d.
Professional consultants (attorney, engineer, planner or other specialist retained by the Board) shall submit to the Board Secretary or Administrator their expense billings for services or review on a City voucher as provided by the Chief Financial Officer. Original signed vouchers shall be submitted to the Secretary or Administrator for review and certification on a monthly basis while the development application is still in progress and also at any time when a professional review report is formally submitted to the Board. Duplicate copies of all vouchers for professional expenses and all formal review reports shall be forwarded by the professional consultant to the applicant.
All escrow billings shall be documented by a detailed accounting of all moneys expended from the escrow fund. A copy of said accounting shall be available to the developer upon his/her request.
The escrow agent designated by the City of Egg Harbor City shall deposit all funds pending completion and review of the development application. Said money shall be placed in an interest-bearing account under the jurisdiction of the City. In the event that a refund is to be made to the applicant pursuant to § 139-5, the municipality shall refund, without interest, said amount within 30 days from the date of final approval.
The City of Egg Harbor City and its representative board shall not review any applications unless said escrow accounts are fully funded four weeks prior to any hearings or meetings required to review said projects. In each instance, the applicant shall be made aware of this condition, and ample funds shall be placed in the escrow account to cover administrative and professional fees up to the time of the respective hearing.
In any situation where the escrow account is not current, or there are not sufficient funds on deposit to cover outstanding balances, the reviewing board or agency shall:
The governing body shall appoint the appropriate City official to establish an escrow fund and create the necessary administrative mechanism in conjunction with all professionals appointed by the various boards to establish a uniform accounting procedure by which this escrow account will be managed.
Fee schedules for administrative and professional costs shall be based upon the annual fee schedules established by the City's individual consultants. Such schedules shall be approved as part of the fixed hourly rates of the City's applicable consultants. Included in applicable fees are any travel, lodging, food, printing or similar expenses incurred in addition to the fee schedules referenced herein.