§ 26-110. FEES AND DEPOSITS.

Latest version.

Fees for applications or for the rendering of any services by the Planning Board or the Zoning Board of Adjustment or any member of their administrative staffs shall be as provided in the Fee Ordinance of Sayreville Borough.

Application Fees. At the time of filing (1) any application for development, (2) any application for amendment to or extension of any development approval, (3) any request for a zone change or recommendation of a zone change, (4) any request for amendment of the master plan, and/or (5) any request for concept review of a development proposal, each applicant shall pay to the Borough of Sayreville a non-refundable application fee, or fees, in accordance with the following schedule. The applicant shall pay the fee required for each application which is submitted. Fees for PUD/PRD applications shall be treated as simultaneous applications for major subdivision and site plan.

	Application Fees
1. Informal Reviews*
(a) Minor site plan, subdivision or variance application	$50
(b) Major site plan or subdivision application	$100
2. Subdivisions
(a) Minor subdivision plat, Amended minor subdivision	$250
(b) Preliminary major subdivision plat	$1,000
(c) Final major subdivision plat	$1,000
(d) Amended preliminary major and/or Amended final major subdivision plat	$1,000
(e) Request for reapproval or extension of time	$1,000
(f) Resubmission of revised plans
(1) Minor subdivision	$50
(2) Major subdivision	$250
3. Site Plans
(a) Minor site plan, Amended minor site plan	$250
(b) Preliminary major site plan	$1,000
(c) Final major site plan	$1,000
(d) Amended preliminary major and/or Amended final major site plan	$1,000
(e) Request for reapproval or extension of time	$1,000
(f) Resubmission of revised plans
(1) Minor site plan	$50
(2) Major site plan	$250
4. Variances
(a) Appeals (40:55D-70a)	$250
(b) Interpretations (40:55D-70b)	$250
(c) Dimensional or "c" variance (each)	$50
(d) Use or "d" variance	$1,000
(e) Resubmission of revised application	one-quarter original application fee
5. Other
(a) General Development Plan (GDP)	$100 + $10/du + $.10/sf of non-residential g.f.a.
(b) Development permit (NJSA 40:55D & 34 & 35)	$250
(c) Conditional use	$250
(d) Request for master plan amendment	$250
(e) Subdivision approval certificate	$50 per certificate
(f) Certificate of non-conformity (NJSA 40:55D-68)	$50 per certificate
(g) Zoning permit	$50 per permit
* Such fee to be a credit toward the fee for any future application for the same development proposal filed within one year of the date of the informal review meeting.

Technical Review Fees.

Components of Fee. Each applicant shall pay to the Borough of Sayreville a technical review fee in connection with (a) each application for development, (b) each application for amendment to or extension of any development approval, (c) any request for a zone change or recommendation of a zone change, (d) any request for amendment of the master plan, and/or (e) any request for concept review of a development proposal. All such requests are included in this subsection b. within the term "application." The technical review fee shall be equal to the sum of the following two (2) components:

(a)

The dollar amount of all charges by outside professionals (as defined herein) for professional services rendered to the Borough and/or the reviewing board in connection with the application, plus all actual out-of-pocket disbursements incurred in regard to such services. All charges for services by each outside professional shall be billed at the same rate as all other work of the same nature performed by such professional for the Borough when fees are not reimbursed or otherwise imposed on an applicant. Charges for professional services of outside professionals shall be based upon a schedule of fees established by resolution of the reviewing board, in the case of professionals retained by the Board, and by resolution of the Borough Council, in the case of professionals retained by the Borough. Such schedules shall be subject to revision from time to time in the discretion of the Borough Council; and

(b)

The dollar amount of the hourly base salary of each in-house professional (as defined herein) who has rendered professional services to the Borough and/or the reviewing board in connection with the application, multiplied by both (1) the total number of hours of professional services spent by each in-house professional in connection with the application, and (2) two hundred (200) percent. The hourly base salary of each in-house professional shall be established by ordinance annually.

Definitions.

(a)

Outside professionals shall mean engineers, planners, attorneys and other professionals whose salary, staff support, and overhead are not provided by the Borough of Sayreville. "Outside professionals" shall include, without limitation, consultants who are not normally utilized by the Borough or the reviewing board when an application presents issues which are beyond the scope of the expertise of the professionals who normally serve the reviewing board or the Borough.

(b)

In-house professional shall mean engineers, planners, attorneys and other professionals whose salary, staff support and overhead are provided by the Borough of Sayreville.

(c)

Professional services shall mean time spent by a professional engineer, professional planner, attorney, traffic expert or other professional in connection with (1) review of an application, and/or (2) review and preparation of documents in regard to such application. In appropriate cases, such services shall include, without limitation (1) review of plans, reports, relevant ordinance provisions, statutory law, case law, and prior approvals for the same parcel; (2) site inspections; and (3) preparation of resolutions, developer's agreements, and other documents.

Limitations on Scope of Charges for Professional Services. All charges for professional services shall be reasonable and necessary given the status and progress of the application. Such charges shall be made only in connection with (a) an application which is presently pending before a reviewing board, (b) review of an applicant's compliance with conditions of approval, and/or (c) review of an applicant's request for modification or amendment of an application or approval.

A professional shall not review items which are subject to approval by a State governmental agency and which are not under municipal jurisdiction, except to the extent that consultation with a State agency is necessary due to the effect of a State approval on the applicant's application.

If the Borough or the reviewing board shall retain a different professional in place of the professional originally responsible for review of an application, the Borough or the reviewing board, as the case may be, shall be responsible for all time and expenses of the new professional to become familiar with the application. Neither the Borough nor the reviewing board shall charge the applicant or the applicant's technical review fee deposit for such services.

Neither the Borough nor the reviewing board shall bill an applicant, or charge the applicant's technical review fee deposit, for any municipal clerical or administrative functions, overhead expenses, meeting room charges, or other municipal costs and expenses, except as provided for in this subsection, nor shall any professional add any such charges to his or her bill.

Payment of Escrow Fee Deposits. At the time of filing any application with the Planning Board or Board of Adjustment, each applicant shall pay a technical review fee deposit, or deposits, in accordance with the following schedule. The applicant shall pay the deposit required for each approval which is requested. Fees for PUD/PRD applications shall be treated as simultaneous applications for major subdivision and site plan.

	Escrow Account Deposits
1. Informal Reviews
(a) One (1) fifteen (15) minute appearance without professional review	0
(b) Any additional appearance and/or any appearance with professional review	$1,000
2. Subdivisions
(a) Minor subdivision plat	$250 per lot
(b) Preliminary major subdivision plat	$500 per lot
(c) Final major subdivision plat	$250 per lot
(d) Amended minor, Amended preliminary major and/or Amended final major subdivision plat	$250 per lot
(e) Request for reapproval or extension of time
(1) With professional review	$100 per lot
(2) Without professional review	0
3. Site Plans
(a) Minor site plan	$2 per square foot of proposed building area or for residential, $200 per unit.*
(b) Preliminary major site plan*
(1) Non-Residential.
Up to 5,000 square feet of proposed building area	$1.00 per square foot
5,001—10,000 square feet of proposed building area	80¢ per square foot
10,001—17,000 square feet of proposed building area	70¢ per square foot
17,001—25,000 square feet of proposed building area	60¢ per square foot
25,001—50,000 square feet of proposed building area	30¢ per square foot
50,001—100,000 square feet of proposed building area	15¢ per square foot
Over 100,000 square feet of proposed building area	10¢ per square foot
(2) Residential.
0—10 units	$250/unit
11—50	$200/unit
51—100	$100/unit
Over 100	$50/unit
(c) Final major site plan, Amended final major site plan	20% of preliminary
(d) Amended minor, Amended preliminary major site plan	75% of original fee
4. Variances
(a) Appeals (40:55D-70a)	$1,000
(b) Interpretations (40:55D-70b)	$1,000
(c) Dimensional or "c" variance
Residential without site plan/ subdivision	$50 (total all variances)
Non-Residential with site plan/ subdivision	$50 each
Non-Residential without site plan/ subdivision	$100 each
(d) Use	$2,500
5. Other
(a) General Development Plan (GDP)	$5,000
(b) Development permit (NJSA 40:55D & 34 & 35)	$500
(c) Conditional Use	$500
(d) Request for master plan amendment	$2,500
(e) Change of use (no site improvements)	$1,000
(f) Grading plan in accordance with subsection 26-114c.	$100
6. Revised Plans
Submission of revised plans before and/or after Board decision	one-quarter original fee
* When no building improvements are proposed, the required escrow fee shall be $1.00 per square foot of proposed lot improvements

Custody of Deposits; Procedure for Payments against Deposits; Submission of Vouchers; Monthly Statements. All technical review fee deposits shall be placed into an escrow account, which account shall be maintained by the Chief Financial Officer of the Borough of Sayreville. The Chief Financial Officer shall make all payments for the escrow account.

All payments charged to an applicant's technical review fee deposit shall be pursuant to vouchers from the professionals performing professional services in connection with the application. All vouchers shall identify the professional performing the services, the dates when services were performed, the hours spent to one-quarter (¼) hour increments, the hourly rate, and the expenses incurred.

All outside professionals shall submit vouchers to the Chief Financial Officer on a monthly basis. A copy of the voucher shall be sent to the applicant simultaneously. All in-house professionals shall submit to the Chief Financial Officer on a monthly basis a statement containing the same information as the voucher of an outside professional. A copy of the statement shall be sent to the applicant simultaneously.

The Chief Financial Officer shall prepare and send to the applicant on a monthly basis a statement providing an accounting of the applicant's technical review fee deposits. The accounting shall include all deposits made, interest earned, disbursements made, and cumulative deposit balance. Notwithstanding the foregoing, if monthly charges to an applicant's deposit are one thousand ($1,000.00) dollars or less, such statement may be provided by the Chief Financial Officer on a quarterly basis.

Replenishing of Deposit. If a technical review deposit shall be insufficient to enable the Borough or the reviewing board to perform required application reviews, the Chief Financial Officer shall notify the applicant (this notice is referred to herein as an "insufficiency notice") of both the insufficient deposit balance, and the amount of additional funds required, in the judgment of the Chief Financial Officer, to cure the insufficiency. In order for work to continue on the application, the applicant shall within a reasonable time period post additional funds to the escrow account in an amount to be agreed upon by the Borough (acting through its Chief Financial Officer) and the applicant.

The determination of insufficiency shall be made by the Chief Financial Officer in his or her reasonable discretion. Furthermore, as used herein, a "reasonable time period" for the posting of additional funds to the escrow account shall be not longer than fifteen (15) days after the date of the Chief Financial Officer's insufficiency notice. The applicant shall be deemed to agree to the terms of the insufficiency notice, unless within fifteen (15) days after the date of such notice, the applicant shall deliver to the Chief Financial Officer a written notice of objection.

If the applicant timely files such an objection, the applicant shall have the right to pay the amount requested under protest, and the right to challenge same in the Superior Court, Law Division, in an action in lieu of prerogative writs filed within forty-five (45) days after the applicant's receipt of the Chief Financial Officer's final accounting with respect to the applicant's technical review fee deposit.

If the applicant fails to timely pay (under protest or otherwise) the amount requested, the Borough, the reviewing board, and all professionals shall have right to cease all further work on the application immediately, and the reviewing board shall have the right to deny without prejudice any pending application, because of the applicant's failure to post additional technical review fees needed for the proper review of such application. In no event shall any approved plans be signed or delivered to the applicant, nor shall any construction permits, certificates of occupancy, or other approvals or authorizations be issued to an applicant, when there exists any deficiency in the applicant's technical review fee deposit.

(7)

Final Accounting; Return of Unused Balance of Deposit. After the reviewing board has granted final approval and signed the approved subdivision plat or site plan, or otherwise taken final action on the application, the applicant shall provide written notice of same, by certified mail, return receipt requested, or by personal delivery, to the Chief Financial Officer, the reviewing board, and all professionals who have rendered services in connection with the application. Within thirty (30) days after receipt of such notice, each professional shall submit a final bill (or a statement in lieu of bill in the case of in-house professionals) to the Chief Financial Officer with a copy to the applicant. The Chief Financial Officer shall render to the applicant a final accounting within forty-five (45) days after receipt of all final bills and/or statements. The Chief Financial Officer shall return to the applicant with the final accounting any unused balance of the deposit, including any interest earned thereon in accordance with subsection d.

Special Meeting Fees. A fee of one thousand ($1,000.00) dollars shall be charged to the applicant for any special meeting of the Planning Board or Board of Adjustment held at the request of the applicant to hear and/or decide any site plan application, major subdivision application, application for amendment of the Master Plan, or any other matter. Nothing herein shall obligate any board to hold a special meeting on any application for development.

Deposits with the Borough; Escrow Accounts; Interest. Whenever an amount of money in excess of five thousand ($5,000.00) dollars shall be deposited by an applicant with the Borough for technical review fee deposits, for inspections fees, or to satisfy the requirement for any performance guaranty or the requirement for any maintenance guaranty pursuant to this chapter, such money, until repaid, or applied for the purposes for which it was deposited, including the applicant's portion of the interest earned thereon, shall continue to be the property of the applicant and shall be held in trust by the Borough, except as otherwise provided for in this section.

The Borough shall deposit such money in a banking institution or savings and loan association located in the State of New Jersey and insured by an agency of the Federal Government, or in any other fund or depository approved for such deposits by the State of New Jersey. Such monies shall be maintained in an account bearing interest at the minimum rate currently paid by such institution or depository on time or savings deposits.

The Borough shall notify the applicant in writing of the name and address of the institution or depository in which such deposit is made, and the amount of the deposit. The Borough shall not be required to refund an amount of interest paid on a deposit which does not exceed one hundred ($100.00) dollars for the year. If the amount of interest exceeds one hundred ($100.00) dollars for any year, that entire amount shall belong to the applicant and shall be refunded to the applicant by the Borough annually, or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be. Notwithstanding anything to the contrary above, the Borough may retain for administrative expenses a sum equal to thirty-three and one-third (33 1/3%) percent of the annual interest earned by such deposit. The amount so retained shall be in lieu of all other administrative and custodial expenses charged by the Borough in connection with the deposit.

(Ord. #637-99)

                    
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