**Webmasters Note: The previous Schedule A has been amended as per supplement dated 12/31/99.
Township Design Standards as prepared by the Department of Land Use under the direction of the Township Engineer are hereby incorporated into this ordinance by reference. These standards shall be held to be minimum criteria for site improvements in the Township of Franklin and shall include all specifications, procedures, requirements, plans and any other documentation as may be contained therein.
**Webmasters Note: The previous section 112-27 has been amended as per supplement dated 12/31/99.
A. GENERAL REQUIREMENTS
(1) If the Master Plan or the official Map provides for the reservation of designated streets- public drainageways, flood control basins, or public areas within the proposed development, before approving a site plan, the Planning Board may require that such streets, ways, basins or areas be shown on the site plan in locations and sizes suitable to their intended uses. The Planning Board may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of 1 year after the approval of the final plat or within such further time as may be agreed to by the applicant.
(2) Unless during such period or extension thereof the Township shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the applicant shall not be bound by such reservation shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations.
B. APPLICABILITY
(1) The provisions of this section shall not apply to streets and roads, flood control basins or public drainageways necessitated by the subdivision or land development and required for final approval.
C. COMPENSATION
(1) The applicant shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation; provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The applicant shall be compensated for the reasonable increased cost of legal, engineering, or other professional services incurred in connection with obtaining site plan approval caused by the reservation.
**Webmasters Note: The previous section 112-28 has been amended as per supplement dated 12/31/99.
[Amended 6/10/97 by Ord. #2019]
The Planning Board and/or Zoning Board of Adjustment shall require escrow deposits in accordance with the provisions of this ordinance. Such escrow shall be utilized to pay the cost of any professional fees incurred for review of and/or testimony concerning an application for development submitted by an applicant.
A. 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, inspection of improvements or other purposes under the provisions of NJSA 40:55D-1 et seq. The initial fees or charges shall be as hereinafter set forth. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and for review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the municipality. The only costs that shall be added to any such charges shall be actual out of pocket expenses of any such professional or consultants including normal and typical expenses incurred in processing applications and inspecting improvements. No applicant shall be charged for any municipal clerical or administrative functions, overhead expenses, meeting room charges, or any of the municipal costs and expenses except as provided for specifically herein, nor shall a municipal professional add any such charge to his bill.
B. Charges for Professional Services. The Applicant shall be responsible to reimburse the municipality with regard to specific professional services in accordance with the following:
(1) Charges for any professional for required attendance at any special meeting during which hearings are held on the application in question; provided, however, that where hearings are held on other applications at the same hearing, the cost of attendance of the municipality's professionals shall be reimbursed on a pro rata basis;
**Webmasters Note: The previous section 112-29 has been amended as per supplement dated 12/31/99.
(2) The Municipality shall be entitled to be reimbursed for the review of applications including but not limited to:
All expenses of in-house township technical and Professional staff and outside consulting and professional personnel for services necessary to review and process an application for development before a township agency; such as:
(a) The cost of reviews by in-house township technical and professional staff and outside consulting and professional personnel of applications and accompanying documents both as to completeness and content.
(b) Issuance of reports by in house Township technical and professional personnel, outside technical and professional services as deemed necessary by the Township Engineer, and other outside technical and professional personnel and consultants to the Township agency setting forth recommendations resulting from the review of any documents submitted by applicant. [Amended 6/15/00 by Ord. No. 3138]
(c) Charges for any telephone conference or meeting requested or initiated by an applicant, applicant's attorney or any of the applicant's experts.
(d) Review of additional documents submitted by applicant and issuance of reports relating thereto.
(e) Review or preparation of easements, developer's agreements, deeds or the like, and necessary correspondence with applicant or applicant's professionals.
(f) Review or preparation of resolutions of approval and memorializing resolutions.
(g) The cost of independent expert advice or testimony obtained by the Township agency. [Amended 6/15/00 by Ord. No. 3138]
The term "technical and professional personnel" or "technical and professional services" as used herein shall include the services of a duly licensed engineer, surveyor, planner, planning board, board of adjustment, municipal or other attorney, realtor, appraiser, environmentalist or other experts and their employees or staff who would provide technical and professional services to insure an application meets performance standards set forth in the ordinance and generally accepted standards for the particular professional field. Professional personnel or professional services shall also mean experts whose testimony is in an area in which the applicant has presented expert testimony; and [Amended 5/13/98 by Ord. No. 20821
(3) [Deleted 6/15/00 by Ord. No.3138]
Initial deposits for professional fees. At the time of the filing of an application for development, appeal or other matter pursuant to this Chapter, the applicant shall pay to the Administrative Officer an initial deposit for services in accordance with the following schedule. Deposits shall be made by check, bank money order or cash. In the case of proposals requiring a combination of approvals, such as site plan and/or variance(s), the applicant shall deposit an amount equal to the sum of the deposits required for each application. [Amended 6/15/00 by Ord. No. 3138]
Applications requiring delineation of wetlands when no residential or commercial/industrial development is proposed: $3,000.00
All other applications when no residential or commercial/ industrial development is proposed: $ 3,000.00
D. Deposit of Escrow Funds; Refunds. Deposits received from applicant in excess of $5,000.00 shall be held by the Chief Financial officer in special interest bearing deposit account, and upon receipt of bills from professionals and approving said bills as hereinafter provided for, the Chief Financial Officer 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 $100.00 for the year. If the amount of interest exceeds $100.00, the 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 for the purposes for which it was deposited, as the case may be, except that the municipality may retain for administrative expenses a sum equivalent of no more than 33-1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses.[Amended 8/12/98 by Ord. No. 2098]
**Webmasters Note: The previous subsections, B(2) through D., have been amended as per the 2000 Supplement.
E. Payment. Each payment charged to the deposit for review of applications, review and preparation of documents and inspection-of improvements shall be pursuant to a voucher from the professional which voucher shall identify the personnel performing the service, and each date the services were performed, the hours spent to one-quarter hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial officer of the municipality on a monthly basis in accordance with the schedules and procedures established by the Chief Financial Officer. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the municipality simultaneously to:
(1) the applicant; and
(2) the municipal agency for whom said services were performed.
The Chief Financial officer shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000.00 or less, or on a monthly basis if monthly charges exceed $1,000.00. If an escrow account or deposit contains insufficient funds to enable the municipality or approving authority to perform required application reviews or improvement inspections, the Chief Financial Officer shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall within a reasonable time period post a deposit to the account in an amount to be agreed upon by the municipality or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
F. Payments Required Prior to Issuance of Permits. No zoning permits, building permits, certificates of occupancy or any other types of permits may be issued with respect to any approved application for development until all bills for reimbursable services have been received by the municipality from professional personnel rendering services in connection with such application and payment has been made.
G. Close out Procedures. The following close out procedures shall apply to all deposits and escrow accounts established under the provisions of N.J.S.A. 40:55D-1 et seq. and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan in the case of application review escrows and deposits,, or after the improvements have been approved in accordance with N.J.S.A. 40:55D-53 in the case of improvement inspection escrows and deposits, The applicant shall send written notice by certified mail to the Chief Financial officer of the municipality and the approving authority and to the relevant municipal professional, that the application or the improvements, as the case may be,, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the municipality within thirty (30) days and shall send a copy simultaneously to the applicant. The Chief Financial officer of the municipality shall render written final accounting to the applicant on the uses to which the deposit was put within forty-
five (45) days of receipt of the final bill. Any balances remaining in the deposit or escrow account including interest in accordance with N.J.S.A. 40:55D-53-1 shall be refunded to the developer along with the final accounting.
H. Scope of Charges. All professional charges for review of an application for development,, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with the conditions of approval, or review of requests for modification or amendment made by the applicant. A professional shall not review items which are subject to
**Webmaster's Note: The previous subsection 112-29B has been amended as per the dated Supplement 1998.
1. Limitation of Inspection Fees. Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work and such inspections shall be reasonably based on the approved development plans and documents.
J. Substitution of Professionals. If the municipality retains a different professional or consultant in the place of a professional originally responsible for development application review, or inspection of improvements, the municipality or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the municipality or approving authority shall not bill the applicant or charge to the deposit or the escrow account for such services.
K. Estimate of Cost of Improvements. The cost of the installation of improvements for the purposes of N.J.S.A. 40:55d-53 shall be estimated by the Municipal Engineer based on documented construction costs for public improvements prevailing in the general area of the municipality. The developer may appeal the Municipal Engineer's estimate to the County Construction Board of Appeals, established pursuant to N.J.S.A. 52:27D-127.
L. Appeals.
(1) An applicant shall notify in writing the governing body with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for a service rendered to the municipality in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to N.J.S.A. 40:55D-53.2. The governing body or its designee shall within a reasonable time attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals, established pursuant to N.J.S.A. 52:27D-127, any charge to an escrow account or deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the Municipal Engineer pursuant to N.J.S.A. 40:55D-53.4. An applicant or his authorized agent shall submit the appeal in writing to the County Construction Board of Appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the municipality, approving authority, and any professional whose charges are the subject of the appeal. An applicant shall file an appeal within forty five (45) days from receipt of the informational copy of the professional's voucher required by subsection N.J.S.A. 40:55D-
53.2(c), except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within sixty (60) days from receipt of the municipal statement of activity against the deposit or escrow account required by N.J.S.A. 40:55D-53.2(c). An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six (6) months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.
(2) The County Construction Board of Appeal shall hear the appeal, render a decision thereon and file its decision with a statement of the reasons therefor with the municipality or approving authority not later than ten (10) business days following the submission of the appeal unless such period of time has been extended with the consent of the applicant. The decision may approve, disapprove or modify the professional charges appealed from. A copy of the decision shall be forwarded by certified or registered mail to the party making the appeal, the municipality, the approving authority and the professional involved in the appeal. Failure by the Board to hear an appeal and render and file a decision thereon within the time limits prescribed in this subsection shall be deemed a denial of the appeal for purposes of a complaint, application, or appeal to a court of competent jurisdiction.
(3) Appeals shall be taken in accordance with the rules and procedures established by the County Construction Board of Appeals.
(4) During the pendency of any appeal, the municipality or approving authority shall continue to process, hear and decide the application for development and to inspect the development in the normal course and shall not withhold, delay or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending under this subsection. The Chief Financial Officer of the municipality may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Chief Financial Officer of the municipality shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of a municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.
M. Within forty-five (45) days after the filing of an application for development the Planning Board and/or the Board of Adjustment as the case may be, shall, in conjunction with appropriate representatives of the staff of the Township of Franklin, review said application for development to determine whether the escrow amount set forth above is adequate. In conducting such review said Board shall consider the following criteria:
(1) The presence or absence of public water and/or sewer servicing the site.
(2) Environmental considerations, including but not limited to geological, hydrological and ecological factors.
(3) Traffic impact of the proposed development.
(4) Impact of the proposed development on existing aquifer and/or water quality.
Upon completion of said review and within said forty-five (45) day period, the Board shall adopt a Resolution specifying whether the escrow amount specified above is sufficient, excessive or insufficient. In the event the Board shall determine that said 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 the Board 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.
N. No application for development shall be deemed complete until such time as the applicant shall have posted with the Township of Franklin 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 Ordinance.
0. The escrow deposit funds pursuant to Section 112-29 are in addition to the application fees pursuant to Section 112-38.
