[Amended 3-2-2006 by Ord. No. 2006-3; 9-18-2008 by Ord. No. 36-2008; 5-5-2016 by Ord. No.
08-2016; 10-4-2018 by Ord. No. 24-2018]
A.
At the
time of filing any application with the Planning Board or Board of
Adjustment, including any application for amendment to or extension
of any development approval, any request for a zone change or recommendation
of a zone change, any request for amendment of the Master Plan, and/or
any request for concept review of a development proposal, each applicant
shall pay to the City of Margate a nonrefundable application fee and
technical review fee deposit in accordance with the following schedule.
The applicant shall pay the fee required for each application which
is submitted. Where more than one hardship variance is required pursuant
to N.J.S.A. 40:55D-70c, the applicant shall escrow the base escrow
fee plus $100 for each additional “c” variance up to four.
No additional escrow is to be posted for more than four “c”
variances.
B.
In addition,
a performance guarantee of $2,000 is to be placed in escrow, which
will be released upon submittal of an as-built survey prepared by
a licensed professional land surveyor and approved by the building
official prior to release.
|
Action
|
Application Fee
|
Escrow Fee
| ||
|---|---|---|---|---|
|
Staff Committee application
|
$25
|
--
| ||
|
Major site plan
| ||||
|
Preliminary
|
$500
|
$1,000
| ||
|
Final
|
$250
|
$500
| ||
|
Minor site plan
|
$350
|
$700
| ||
|
Minor subdivision
|
$100 plus $10 per lot after subdivision
|
$700 (by-right); $1,000 (with variances)
| ||
|
Major subdivision
| ||||
|
Sketch plat classification
|
$50 plus $10 per lot
|
$500
| ||
|
Preliminary plat review
|
$200 plus $25 per lot
|
$1,000 plus $200 per lot
| ||
|
Final plat review
|
$500 plus $20 per lot
|
1/2 preliminary escrow fee
| ||
|
Conditional use permits
| ||||
|
Principal use, for each such use
|
$100
|
$125
| ||
|
Resubmission of any application deemed to be
technically incomplete
|
1/2 of original
|
Same as original, if original has been returned,
or none, if original has been retained
| ||
|
Certificate of land use compliance
|
$60
|
--
| ||
|
Certificate of nonconformity
|
$60
|
--
| ||
|
Appeals
|
$200
|
$600
| ||
|
Court reporter fee
|
To be established from time to time by the Planning
and Zoning Board Administrators
|
--
| ||
|
Notices of publication of hearings required
|
Published by applicant at applicant's cost
|
--
| ||
|
Publication of final decision
|
Shall be the responsibility of the Board involved,
to be paid for out of application fees
|
--
| ||
|
Transcripts of record of proceedings
|
Cost to be borne by applicant if applicant requests
a transcript
|
--
| ||
|
Extension of any approval having a time limitation
|
Same as original
|
Same as original
| ||
|
Engineering inspection fee for major subdivisions
and site plans
|
-
|
5% of improvement costs, as determined by the
City Engineer, to be deposited prior to final subdivision approval
by the Planning Board. If engineering inspection costs exceed the
deposit, the excess shall be paid to the City by the subdivider prior
to acceptance of the improvements by the City.
| ||
|
Site plans or subdivisions amended prior to
final action
|
1/2 of original
|
1/2 of original
| ||
|
Tax Map revision
|
$200
|
--
| ||
|
Use and density (D) variances
| ||||
|
Single-family dwellings
|
$500
|
$100
| ||
|
Duplex, triplex or quadruplex
|
$500
|
$175
| ||
|
Multiple dwellings
|
$500
|
$200
| ||
|
Commercial/office
|
$500
|
$250
| ||
|
Commercial/residential mixed
|
$500
|
$350
| ||
|
Maritime use or related
|
$500
|
$500
| ||
|
Hardship variance pursuant to N.J.S.A. 40:55D-70c
| ||||
|
Single-family dwellings
|
$250
|
$200
| ||
|
Duplex, triplex or quadruplex
|
$200
|
$200
| ||
|
Multiple dwelling
|
$350
|
$300
| ||
|
Commercial/office
|
$300
|
$300
| ||
|
Commercial/residential mixed
|
$300
|
$350
| ||
|
Maritime use or related
|
$250
|
$500
| ||
|
Deck/bulkhead application
|
$25
|
$2,000 (includes application review and as-built review)
| ||
|
Zoning interpretation pursuant to N.J.S.A. 40:55D-70b
|
$200
|
$600
| ||
|
Zoning permit
| ||||
|
New construction plan review
|
$300
|
--
| ||
|
All others (fences, sheds, signs, additions, etc.)
|
$50
|
--
| ||
C.
In-house professional staff:
[Added 8-3-2023 by Ord.
No. 10-2023] As permitted by Municipal Land Use
Law 40:55D-53.2a through f:
|
In-house professional staff
|
Hourly rate
|
|---|---|
|
Professional engineer
|
$100
|
|
Professional planner
|
$100
|
A.
Components of fee. The technical review fee shall
be equal to the sum of the following two components.
(1)
The dollar amount of all charges by outside professionals
(as defined herein) for professional services rendered to the City
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 City 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 City Commissioners,
in the case of professionals retained by the City. Such schedules
shall be subject to revision from time to time in the discretion of
the City Commissioners; and
(2)
The dollar amount of the hourly base salary of each
in-house professional (as defined herein) who has rendered professional
services to the City and/or the reviewing board in connection with
the application, multiplied by both a) the total number of hours of
professional services spent by each in-house professional in connection
with the application and b) 200%. The hourly base salary of each in-house
professional shall be established by ordinance annually.
B.
Definitions.
(1)
"Outside professionals" shall mean engineers, planners,
attorneys and other professionals whose salary, staff support, and
overhead are not provided by the City of Margate. Outside professionals
shall include, without limitation, consultants who are not normally
utilized by the City 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 City.
(2)
"In-house professionals" shall mean engineers, planners,
attorneys and other professionals whose salary, staff support and
overhead are provided by the City of Margate.
(3)
"Professional services" shall mean time spent by a
professional engineer, professional planner, attorney, traffic expert
or other professional in connection with review of an application,
and/or review and preparation of documents in regard to such application.
In appropriate cases, such services shall include, without limitation,
review of plans, reports, relevant ordinance provisions, statutory
law, case law, and prior approvals for the same parcel; site inspections;
and preparation of resolutions, developer's agreements, and other
documents.
C.
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 an application which is presently
pending before a reviewing board; review of an applicant's compliance
with conditions of approval; and/or review of an applicant's request
for modification or amendment of an application or approval.
(1)
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.
(2)
If the City or the reviewing board shall retain a
different professional in place of the professional originally responsible
for review of an application, the City 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 City nor the reviewing board shall charge the applicant or the
applicant's technical review fee deposit for such services.
(3)
Neither the City 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.
D.
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
City of Margate. The Chief Financial Officer shall make all payments
for the escrow account.
(1)
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-hour
increments, the hourly rate, and the expenses incurred.
(2)
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.
(3)
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 $1,000 or less, such statement
may be provided by the Chief Financial Officer on a quarterly basis.
E.
Replenishing of deposit. If a technical review deposit
shall be insufficient to enable the City 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 City (acting through its Chief Financial
Officer) and the applicant.
(1)
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 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 15 days after the date of such notice, the applicant
shall deliver to the Chief Financial Officer a written notice of objection.
(2)
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 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.
(3)
If the applicant fails to timely pay (under protest
or otherwise) the amount requested, the City, 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.
F.
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 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 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
this section.
A fee of 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.
A.
Whenever an amount of money in excess of the required
amount shall be deposited by an applicant with the City for technical
review fee deposits, for inspection 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 City, except as
otherwise provided for in this section.
B.
The City 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.
C.
The City 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 City shall not
be required to refund an amount of interest paid on a deposit which
does not exceed $100 for the year. If the amount of interest exceeds
$100 for any year, that entire amount shall belong to the applicant
and shall be refunded to the applicant by the City 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 City may retain for administrative expenses
a sum equal to 33 1/3% 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 City in connection with the
deposit.
