Fees for all applications for development and appeals shall be paid to the board secretary upon filing of an application or appeal with either the Planning Board, Zoning Board of Adjustment or Historic Preservation Commission. (All references to Boards in this article include the Commission.) All checks are to be made payable to the City of Plainfield. Failure to submit payment or the submission of checks that are improperly drawn or with insufficient funds shall cause an application to be deemed incomplete and a hearing on the application to be delayed. These fees are in addition to the escrow fees required in this ordinance. Such fees shall be as follows:

The fee for a Certificate of Appropriateness from the Historic Preservation Commission shall be $40.00. This fee shall be paid for all work on a contributing structure even if an administrative determination is made that a formal Historic Preservation Commission issuance of a Certificate of Appropriateness is not required.

The Fee for a sign permit shall be $20.00 plus a fee of one dollar ($1.00) for each square foot of sign area.

Appeals to the Board of Adjustment for interpretation of the zoning ordinance/appeal of an Administrative Official decision shall be $100.00.

The fee for a Certificate of Non-conformance from the Zoning Board of Adjustment shall be $100.00.

The fee for applications requiring a public hearing shall be $25.00. The fee for each additional hearing that is required for an application which continues beyond the initial hearing shall be $100.00 for each additional hearing. (Upon request, the additional hearing fee for may be waived by the approving authority.)

The fee for a hearing scheduled at a special meeting held at the request of the applicant shall be $150.00 for each hearing scheduled. One half of this fee ($75.00) shall be used to pay the Board Secretary for attendance. The fee for an informal review of a concept plan shall be $100.00.

The fee for preparation of a list of property owners to be notified of a public hearing shall be $20.00 or $0.25 a name, whichever is greater.

The fee for preparation of a tax search or certificate to determine payment of property taxes shall be $10.00.

The fee for publication of the legal notice indicating the decision of the approving authority shall be $20.00.

The fee for copies of public documents shall be established as part of the rules and regulations adopted by the City Council.

The applicant shall be responsible for obtaining and paying for the services of a court reporter if desired. The cost of taking testimony stenographically shall be borne and paid for by the applicant or appellant. The cost of transcribing the same (if required) shall be borne by the applicant or appellant upon the need for a Board member to read the testimony in order to vote on the matter or in the case of a legal proceeding. A copy of any transcript prepared shall be provided by the applicant or appellant to the board secretary and such transcript and records shall be and remain the property of the Board.

The fee for a development permit shall be $10.00.

The fee for a public utility, cable television company or local utility registering with the City Clerk in order to receive notice pursuant to Article I of this ordinance shall be $10.00.

The fee for obtaining an annual permit for Outdoor Dining Areas and Sidewalk Cafe Areas shall be $20.00.

The fee for conducting outdoor sales of trees, flowers or other decorative or ornamental plants pursuant to Article IX of this ordinance shall be $10.00 for limited sales of less than two weeks, and $50.00 for sales for longer periods of time. A $100.00 bond is also to be posted with the City Clerk to guarantee cleanup and removal of all material within the required time frame.

The fee for a copy of the Developer's Assistance Package shall be $20.00. The fee for a copy of the City Zoning Ordinance including a copy of the zoning map shall be $30.00.

The fee for obtaining a copy of the City Master Plan or of a City Master Plan Re-Examination Report is Forty Dollars ($40.00) Dollars per plan or report.

The fee for a formal signed and sealed City Engineer certification as to property location within a flood zone shall be $100.00.

The fee for a request for the extension of a variance $50.00.

The fee for a request for the extension of a site plan or subdivision approval is $50.00.

A. In accordance with the authority granted it pursuant to N.J.S.A.40:55D-8 and 53.2 et. seq., the Municipal Council hereby establishes the fees as set forth in this ordinance as escrow deposit fees governing the review of applications before the Planning Board, and Zoning Board of Adjustment. These fees are intended to cover the costs of professional services including but not limited to planning, engineering, legal, landscaping, traffic, environmental and other reasonable and necessary expenses incurred by the approving authority for the review of submitted materials for specific applications.

B. An applicant shall deposit with the City an amount of money determined in accordance with this section and the applicable provisions of N.J.S.A. 40:55D-1 et seq. (1) to pay for the services of professionals employed by the City or the approving authority to review the application for development and to review and prepare documents in accordance with N.J.S.A. 40:55D-53.2. (2) for inspection fees in accordance with N.J.S.A. 40:55D-53, (3) to satisfy the guarantee requirements of N.J.S.A. 40:55D-53, and (4) for any other purposes permitted under the provisions of N.J.S.A. 40:55D-1 et seq. or other applicable law. The City shall deposit the money in an escrow account in accordance with N.J.S.A. 40:55D-53.1.

C. The Chief Financial Officer of the City shall hold all fees required for these purposes in escrow. Each applicant shall provide the Chief Financial Officer with a Federal tax Identification Number or Federal Social Security Number. All fees are to be made out to the City of Plainfield. All deposits in excess of $5,000.00 shall be held in trust by the City in an interest bearing account in a banking or savings and loan institution in New Jersey. This institution shall be insured by an agency of the federal government. The Chief Financial Officer shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. If the amount of interest exceeds $100.00, the entire amount shall belong to the applicant and shall be refunded to him/her by the Chief Financial Officer annually or at the time the deposit is repaid or applied to the purposes for which it was deposited. The City 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.

D. Deposits required for inspection fees and to satisfy the guaranteed requirements in accordance with N.J.S.A. 40:55D53 shall be established, maintained, and administered in accordance with the provisions of that statutory section, and applicable sections of Chapters 13 and 17 of the Municipal Code.

E. The chief financial officer of the City shall make all payments to professionals for fees or charges in connection with services rendered to the City or the approving authority for review of applications for development, review and preparation of documents, inspection of improvements, or other purposes permitted under law. Such fees or charges shall be based upon a schedule established by resolution of the approving authority. The application review and inspection charges shall be limited to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the City. The only costs that shall be added to any such charges shall be typical out of pocket expenses of any such professionals or consultants incurred in processing applications and conducting inspections. The City or approving authority shall not bill the applicant for any municipal clerical or administrative functions, overhead expenses, meeting rooms charges, or any other municipal costs and expenses except as provided for N.J.S.A. 40:55D-53, nor shall any municipal professional add such charges to any bill. If the salary, staff support and overhead for a professional are provided by the City, the charge shall not exceed 200% of the sum of the products resulting from multiplying (1) the hourly base salary of each of the professionals, which shall be established annually by ordinance by (2) the number of hours spent by the respective professional on the review of the application for development or inspection. For other professionals such fees and charges shall be at the same rate as all other work of the same nature performed by the professional for the municipality when fees are not reimbursed or otherwise imposed on applicants or developers.

F. Schedule of Required Fees for Escrow Deposits. For deposits required pursuant to N.J.S.A. 40:55D-53.2, the amount of the deposit shall be reasonable in regard to the scale and complexity of the development. The amount of the initial deposit shall be established by ordinance and this amount shall be a cumulative total of the following specific approval requests:

G. Escrow Procedures:

1. An applicant is to submit the above required escrow amount to the appropriate board secretary at the time of submission, and as part of, the concept plan or preliminary application. The review of the adequacy of this fee shall be a component of the completeness review conducted by the administrative officer. Prior to making a determination of completeness upon any application, the administrative officer shall review said application to determine whether the escrow amount submitted is sufficient. If the administrative officer determines that the submitted amount is insufficient to cover professional costs anticipated by the application, appropriate additional funds shall be deposited by the applicant prior to the administrative officer declaring the application complete. The application shall not be declared complete or placed on an agenda for public hearing until such time as all escrow fees deemed sufficient are submitted.

2. Each applicant for subdivision, site plan, variance, or for an appeal, interpretation, or other action authorized by this ordinance, shall agree, in writing, at the time of the first submission of an application for development, to pay all reasonable costs for professional review of the application. This includes all costs incurred with any informal review of a concept plan that may have preceded the submission of a preliminary application. Additionally, each applicant shall agree, in writing, to pay all reasonable costs for the municipal inspection of the constructed improvement. All such costs for review and inspection must be paid before any construction permit is issued.

3. Each payment charged to a deposit made for the review of applications, the review and preparation of documents, and inspections of improvements shall be pursuant to a voucher from the professional. That voucher shall identify the personnel performing the services and, for each date, the services performed, the hours spent to one-quarter hour increments, the hourly rate, and the expenses incurred.

4. All professionals shall submit vouchers to the chief financial officer of the City on a monthly basis in accordance with schedules and procedures established by the chief financial officer.

5.If the services are provided by a municipal employee, the municipal employee shall prepare and submit to the chief financial officer of the City a statement, on a monthly basis, containing the same information as required on a voucher.

6. The professional shall send an informational copy of all vouchers or statements submitted to the chief financial officer of the City simultaneously to the applicant. The chief financial officer of the City shall prepare and send the applicant a statement including an accounting of funds listing all deposits, interest earnings, disbursements, and the cumulative balance of the escrow accounts. This information shall be provided to the applicant on a quarterly basis if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000.

7. If an escrow account or deposit contains insufficient funds to enable the City or approving authority to perform required application reviews or improvement inspections, the chief financial officer of the City shall provide the applicant with a notice of the insufficient escrow or deposit balance. An applicant should not be entitled to proceed with the application or any development until such time as the necessary funds are posted to ensure payment of professional fees.

8. 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 City or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenished deposit.

9. Further additional escrow deposit fees may be required upon determination by the administrative officer that additional deposits as authorized under this ordinance are reasonably required. All approvals shall be conditioned upon receipt of such additional fees. No building permit or certificate of occupancy shall be issued until the Chief Financial Officer has received all required escrow accounts funds.

H. The following close-out procedures shall apply to all deposits and escrow accounts 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 escrow's and deposits, or after the improvements have been approved, in the case of improvement inspection escrow and deposits:

1. The applicant shall send written notice by certified mail to the chief financial officer of the City, to the approving authority, and to the relevant municipal professional that the application or the improvements, as the case may be, are completed.

2. After receipt of such notice, each affected professional shall render a final bill to the chief financial officer of the City within thirty days, and shall send a copy simultaneously to the applicant.

3. The chief financial officer of the City shall render a written final accounting to the applicant on the uses to which the deposit was put within forty-five days of receipt of all final bills.

4. Any balances remaining in the deposit or escrow account, including interest, shall be refunded to the developer along with the final accounting, except for any amounts retained for administrative expenses pursuant to N.J.S.A. 40:55D-53.1.

I. Appeal Procedures:

1.An applicant shall notify the Plainfield City Council in writing, with copies to the chief financial officer, the approving authority, and the professional, whenever the applicant disputes the charges made by a professional for services rendered to the City in reviewing an application for development, reviewing or preparing documents, inspecting improvements, or for other charges made pursuant to law.

2. The Plainfield City Council, or its designee, shall within a reasonable time period attempt to remediate any disputed charges.

3. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the county construction board of appeals in accordance with N.J.S.A. 52:27D-127 any charge to an escrow account or to a deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the City Engineer pursuant to N.J.S.A. 40:55D-53.4.

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 City, to the approving authority, and to any professional whose charge is the subject of the appeal.

5. An applicant shall file its appeal within forty-five days from receipt of the informational copy of the professional's voucher, 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 days from receipt of the municipal statement of activity against the deposit or escrow account.

6. An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six 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.

7. 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 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 section. The chief financial officer 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 shall reimburse the deposit or escrow account in the amount of 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 the municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.

J. General Provisions:

1. 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.

2. 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 conditions of approval, or review of requests for modification or amendment made by the applicant.

3. A professional shall not review items which are subject to approval by any state governmental agency and not under municipal jurisdiction, except to the extent consultation with a state agency is necessary due to the effect of state approvals in the subdivision or site plan.

4. Inspection fees shall be charged only for actual work shown on a subdivision or site plan, or required by an approving resolution.

5. 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.

6. If the City retains a different professional or consultant in the place of the professional originally responsible for development, application review, or inspection of improvements, the City or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project. The City or approving authority shall not bill the applicant or charge the deposit or the escrow account for any such services.

K. Notwithstanding the above, all applications for development filed with the approving authority for single detached one and/or two family dwelling units that do not require site plan or subdivision approval or do not involve the installation of public improvements are not required to submit escrow deposits. Any application for development that involves a permitted change of use but does not require the construction, structural modification or expansion of an existing structure, or the installation, modification, or expansion of parking facilities is also exempt from the submittal of escrow deposits.