[HISTORY: Adopted by the Township Committee
of the Township of Franklin 4-11-1988 by Ord. No. 88-4 (Ch. 87 of the 1988 Code).
Amendments noted where applicable.]
[Amended 12-1-1988 by Ord. No. 88-14; 12-30-1991 by Ord. No.
91-17; 9-8-1994 by Ord. No. 94-9; 4-18-2002 by Ord. No. 2002-02; 10-31-2006 by Ord.
No. 2006-12; 8-8-2013 by Ord. No. 2013-05; 10-8-2020 by Ord. No. 2020-09]
Each application or appeal to the Land Use Board
shall be accompanied by payment of a fee. The fees are nonrefundable
and are as shown on the attached Schedule A. (Please note that Schedule
A will be changed from time to time by ordinance. Make sure that you
refer to the most recent ordinance regarding fee schedules.)
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Schedule A
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Application Fees
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Application For
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Fees
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Minor subdivision
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Creation of new lot, each
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$100 plus $75, remaining land
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Variance application, each
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$250
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Major subdivision
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Sketch, per lot
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$50
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Preliminary, per lot
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$500, plus $200 each new lot
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Final, per lot
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$500, plus $200 each new lot
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Variance, per request
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$250
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Site plan
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Preliminary
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Minor/waiver
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$50
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Major
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Nonresidential
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$750 plus $250 per acre, plus $0.05 per square
foot of new building, plus $0.01 per square foot of disturbance
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Residential, per lot
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$750 plus $250 per acre, plus $20 per dwelling
unit
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Maximum preliminary fee: $20,000
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Final
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Major
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Nonresidential
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50% of preliminary major site plan fee
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Residential, per lot
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50% of preliminary major site plan fee
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Maximum final fee: $10,000
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Change of use
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$150
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Appeal pursuant to N.J.S.A. 40:55D-70(a)
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$75
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Appeal pursuant to N.J.S.A. 40:55D-70(b)
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$75
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Appeal pursuant to N.J.S.A. 40:55D-70(c)
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$250 plus $150 per meeting
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Appeal pursuant to N.J.S.A. 40:55D-70(d)
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$250 plus $150 per meeting plus cost of transcript
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Informal/conceptual review
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$100
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Formal (professional) review
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$1,500 escrow, plus $100 per meeting (single-family) or $300
per meeting (all others)
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Extension of approval request
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No charge
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Resubmission for amended approval
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20% of original fee
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Application to Land Use Board for property rezoning
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$500
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Tax Map changes
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$150, plus $50 per lot
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Environmental impact statement filing fee
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No charge
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Boundary line adjustments involving the relocation of lot lines
among two or more lots where no new building lot is created
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$200
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Request for special meeting of Land Use Board
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$750, $100 of which is paid as a nonrefundable
administrative charge; the Land Use Board shall have the right to
waive this fee if it is deemed appropriate
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[Amended 9-8-1994 by Ord. No. 94-9]
A.
In addition to the foregoing nonrefundable application
fees, all applications for development shall establish one or more
escrow accounts with the municipality to cover all professional and
expert review and consultation fees and services of the municipality,
including testimony and costs of certified reporters and transcripts,
associated with the review and processing of the application. The
escrow fees shall be required for all applications for development,
and also for appeals pursuant to the Franklin Township ordinances.
B.
At the time of submitting an application for development
and periodically thereafter, the applicant shall deposit to the escrow
account the amounts hereinafter provided and shall execute an escrow
agreement. The escrow agreement shall be in a form prescribed by the
Land Use Board, or the municipal governing body, as applicable. The
current form of escrow agreement to be used with all developments
is found at the end of this chapter and is adopted herein. All application
fees and escrow deposits must be paid prior to certification that
the application is complete. In the event that the amounts required
to be posted by this chapter are not sufficient to cover the municipality's
estimated anticipated professional charges associated with the application,
the Land Use Board, or municipal governing body shall request additional
escrow funds.
[Amended 11-1-2001 by Ord. No. 2001-11]
C.
After development approval and prior to commencement
of any construction or issuance of any certificate of occupancy, the
applicant shall enter into a development agreement with the municipality
and deposit to the escrow account an amount sufficient to pay for
professional services in connection with the development agreement.
D.
Following approval of a major subdivision or site
plan and prior to commencement of construction, the applicant shall
deposit to the escrow account an amount sufficient to pay for anticipated
inspection fees and any anticipated additional professional review
services.
E.
The Township Chief Financial Officer shall advise
the administrative assistant of all escrow deposits made by any applicant,
and the amount thereof. If additional escrow funds are required, the
administrative assistant shall notify the applicant of the amount
required. If there is a refusal or failure to make payment, the administrative
assistant shall notify the approving authority, and the Land Use Board,
municipal governing body or municipal professionals and consultants
shall take no further action on the application.
F.
"Total cost of improvements," as utilized hereinafter in §§ 225-4 and 225-5, shall be defined as the total estimated construction costs that the Township could reasonably expect to pay a contractor to perform the work required by either subdivision or site plan review and approval and shall be the same amount as required for a performance bond, excluding costs of engineer stakeout, contingencies and cost of escalation during the performance period.
[Amended 12-1-1988 by Ord. No. 88-14; 4-6-1989 by Ord. No.
89-14; 9-8-1994 by Ord. No. 94-9; 12-6-2001 by Ord. No. 2001-14; 4-18-2002 by Ord. No. 2002-02; 10-31-2006 by Ord. No. 2006-12; 10-8-2020 by Ord. No. 2020-09; 11-12-2020 by Ord. No. 2020-11]
The escrow amounts to be applied to subdivision
and variance review are shown on the attached Schedule B. (Please
note that Schedule B will be changed from time to time by ordinance.
Please reference the most recent ordinance regarding subdivision and
escrow amounts.)
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Schedule B
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Subdivision and Variance Escrow Fees
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Escrow Account
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Fee
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Subdivision and variance
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Subdivision and review sketch plan/minor subdivision/boundary
line change/merger
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$1,500 per lot
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Major subdivision, preliminary
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$1,500 per lot
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Variance applications not associated with applications
for subdivision of land or site plan review
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N.J.S.A. 40:55D-70a
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$500
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N.J.S.A. 40:55D-70b
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$500
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N.J.S.A. 40:55D-70c
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$1,000
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N.J.S.A. 40:55D-70d
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$1,500
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Relating to size of design
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$500
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Variance applications associated with a site
plan review brought before Land Use Board
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$1,500
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Applications to Land Use Board for property
rezoning
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10 acres or less
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$1,250
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More than 10 acres
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$2,500
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Submission of environmental impact statement
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$300
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Site plan
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Preliminary
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Change of use
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$500
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[Amended 9-8-1994 by Ord. No. 94-9; 12-6-2001 by Ord. No.
2001-14]
A.
The escrow amount for site plan applications shall
be a minimum of $4,000 or 3% of the estimated cost of all site improvements,
exclusive of all buildings, whichever is greater. The applicant shall
submit its engineer's estimate of the cost of proposed site improvements
with its application for site plan approval.
B.
In the event that the escrow fee calculated hereunder
exceeds $20,000, the applicant shall establish an initial escrow account
of $20,000, which account shall be replenished to reestablish a balance
of $20,000 within 10 business days of notice to the applicant by
the administrative assistant that its remaining escrow balance is
$10,000 or less.
[Amended 9-8-1994 by Ord. No. 94-9]
All land use improvement applications requiring
construction and final inspection of improvements shall provide an
inspection escrow. The escrow amounts shall be based on the percentage
of the total costs of improvements as shown on the attached Schedule
C. (Please note that Schedule C will be changed from time to time
by ordinance. Be sure to reference the most recent ordinance on inspection
escrow amounts.)
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Schedule C
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Construction and Final Inspection Escrow
Fees
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Final Inspection
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Fees
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Total cost of Improvement
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Less than $5,000
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$1,000
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$5,000 to $10,000
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$2,000
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$10,001 to $50,000
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$3,000
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$50,001 to $75,000
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$4,000
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$75,001 to $100,000
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$5,000
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More than $100,000
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$6,000 plus 4% of the excess over $100,000
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[Amended 9-8-1994 by Ord. No. 94-9; 12-6-2001 by Ord. No.
2001-14]
The escrow associated with each application
shall be replenished whenever the escrow account is reduced by charges
billed against the account to 50% or less of the original amount.
The administrative assistant shall notify the applicant of the requirement
to replenish the escrow, and the applicant shall be required to deposit
the required sum within 10 business days. No further consideration,
review, processing or inspection shall be performed by or on behalf
of the Board until the additional escrow has been paid.
[Amended 9-8-1994 by Ord. No. 94-9]
A.
The applicant may request an accounting of the expenses
or fees paid by him for professional review, in writing, to the administrative
assistant. The applicant shall be responsible for any costs incurred
by the municipality in having its professional and administrative
staff prepare an accounting of the fees expended.
B.
In the event that the applicant believes the fees
charged to be unreasonable, the applicant shall pay such fees under
protest, the Land Use Board shall hear and decide at a public hearing
whether such fees are reasonable, and the applicant may appeal the
decision of the Land Use Board to the municipal governing body, provided
that the applicant shall provide the governing body with that portion
of the transcript of the Land Use Board hearing on fees, at the applicant's
cost, and the appeal shall be on the record made before the Board.
The governing body shall consider the appeal in accordance with the
provisions of N.J.S.A. 40:55D-17.
A.
The Township Engineer, planning consultant or approving
agency attorney and any other professional engaged by the Board in
connection with the application shall submit vouchers for all fees
for examination, review or testimony to the approving agency for approval,
after which the bill shall be forwarded to the Township and shall
be paid in the ordinary manner.
B.
If any money deposited in the escrow account is unexpended
upon completion of the project and the satisfactory completion of
the maintenance period, if any, or phased section in the case of a
sectionalized application, said amount shall be returned to the applicant
or, at the developer's request, be applied to the next phase. All
interest accrued on escrowed funds shall be paid to the Township to
defray the costs of administrative expenses unless said interest is
required to be returned to the applicant pursuant to N.J.S.A. 40:55D-1
et seq.
An applicant may request a special meeting.
The Board shall schedule such special meeting(s) at a date and time
convenient to the applicant, the Board and the public. There shall
be paid to the Township, prior to the meeting, a special meeting escrow
deposit of $750, $100 of which shall be paid as a nonrefundable administrative
charge. If the applicant has in escrow at the time of the request
for a special meeting more than $750 net of any vouchers presented
or to be presented, then no additional special meeting deposited shall
be required. If the special meeting is continued for additional hearings
or additional review which requires further professional services
to the Board, the applicant shall, if the applicant's escrow is less
than $750 at the time of the next meeting, post with the Township
an additional $750 for each of said additional hearings.
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Application Fee/Escrow Amount
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Application Fee
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Escrow Amount
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If no new tower is proposed
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$1,000
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$2,000
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If a new tower is proposed
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$5,000
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$5,000
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Applicants are advised that proceedings before
the Land Use Board are electronically recorded. Any applicant, at
the expense of the applicant, may provide a certified court stenographer.
If any interested party requests a transcript
of any development hearing or duplicate recording in lieu thereof,
the same shall be furnished upon payment to the Township of the following
charges:
A.
For a transcript, a fee of $1 per page will be charged.
[Amended 12-4-2003 by Ord. No. 2003-10]
In accordance with the Board of Health contract
between the County of Hunterdon and the Township of Franklin, the
following health inspection fees shall be charged:
A.
Retail food establishments (as defined under N.J.A.C.
8:24-1.3):
(1)
For news stands, pharmacies, liquor stores, video
stores and other retail establishments which handle commercially prepared,
prepackaged, nonpotentially hazardous foods as an incidental part
of their business, the inspection fee is $125.
(2)
For bed-and-breakfasts, which serve full breakfasts,
and for agricultural markets (with no on-site food preparation), where
potentially hazardous foods are offered for sale or where grocery
food items account for 50% or more of the agricultural market's sales
area, the inspection fee is $125. Bed-and-breakfasts which only serve
continental breakfasts and agricultural markets which only sell raw
agricultural products and an incidental amount of grocery food items
are exempt from inspection fees.
(3)
For all other retail food establishments, the inspection
fee is $250.
B.
For temporary retail food establishments (as defined
under N.J.A.C. 8:24-1.3) that are operational for a period of not
more than three days, the inspection fee is $100.
C.
For temporary retail food establishments (as defined
under N.J.A.C. 8:24-1.3) that are operational for a period of four
or more days, the inspection fee is $150.
D.
New well: $150.
E.
New septic system: $150.
All applications for construction permits shall
require review and approval by the Township Zoning Officer. The fee
for such review shall be $10.
[Added 3-1-1990 by Ord. No. 90-1; amended 4-2-1992 by Ord. No.
92-12]
Satisfactory percolation tests and soil log
reports, as required by the Code of the Township of Franklin, New
Jersey, and other county and state rules, regulations and statutes,
shall be required prior to the issuance of a building permit for each
new structure intended for human occupancy and for each proposed lot
to be subdivided prior to subdivision approval, for which the applicant
shall pay a fee of $200 per lot, per day or part thereof, which fee
should include up to three percolation test holes and two soil log
test holes, and the applicant shall pay a further fee of $50 for each
additional percolation test hole and each additional soil lot test
hole. These fees shall defray the Township of Franklin's expenses
for the inspection, processing and witness provided by the Township.
Each percolation test shall be witnessed and inspected by a designated
representative of the Township.
