The purpose of this article is to combine those
general administrative and procedural requirements applicable to all
hearings and applications for development.
[Amended 3-11-1980; 11-8-1990; 7-2-1997 by Ord. No. 97-9]
The Planning Board Clerk shall not accept any
application for development under the provisions of this chapter unless
the applicant pays the following fees and submits a certification
from the Tax Collector that no taxes or assessments for local improvements
are due or delinquent on the property for which any application is
made, provided that no fee shall be required to be paid by any charitable,
philanthropic, fraternal or religious nonprofit organization holding
tax exempt status under Section 501(c) or (d) of the Internal Revenue.
The following filing fees shall be paid to the Planning Board Clerk
upon the filing of the application:
A. Submission of sketch plat for approval of minor subdivision:
$150.
C. Submission of sketch plat for major subdivision: $150,
plus $15 per lot.
D. Submission of preliminary plat of major subdivision
for tentative approval: $300, plus $15 per lot.
E. Submission of final plat for major subdivision: $195,
plus $15 per lot.
F. Release of performance guaranty bond: $15 per lot.
G. Release of maintenance guaranty: $15 per lot.
H. Site plan review.
(1) Preliminary.
(a)
For 10 ares or less: $300, plus $0.03 per square
foot of gross floor area.
(b)
For more than 10 acres: $300, plus $15 per acre
or portion of one acre over 10 acres, plus $0.03 per square foot of
gross floor area.
(2) Final.
(a)
For 10 acres or less: $300.
(b)
For more than 10 acres: $300, plus $15 per acre
or portion of one acre over 10 acres.
I. Appeal for direction to issue a building permit to
construct a building in the bed of a mapped street: $50.
J. Appeal for direction to issue a building permit to
construct a building not related to an approved street or improved
street: $150.
K. Appeal from decision of an administrative official:
$100.
L. Request for interpretation of the Zoning Map or Zoning
Ordinance or for decision upon some other special question: $150.
M. Variance other than use variance.
(1) One single-family detached dwelling or individual
lot: $75.
N. Use variance.
(1) Expansion of a pre-existing lawful nonconforming single-family
residential use in a zone where single-family residences are prohibited:
$150.
P. Inspection and review fees shall be pursuant to §
194-21 hereof.
Whenever an applicant seeks review or relief
from a municipal agency with respect to two or more types of applications
for development, the filing fee shall be equal to the combined total
of the fees which would be required if each type of application were
filed separately.
[Amended 11-8-1990]
The fee for resubmission of major subdivision
plats shall be an amount equal to 150% of the original application
fee if it encompasses the same land as the original subdivision, provided
that the resubmission of a minor or preliminary plat is filed within
six months of the original subdivision or within two years for a final
plat. The fee for resubmission of a site plan shall be 150% if made
with regard to the same property and structure encompassed in the
initial submission and provided that it is resubmitted within six
months of the original site plan or within two years of a final site
plan.
[Amended 7-2-1997 by Ord. No. 97-9]
A. The Chief Financial Officer shall place all deposits required by this section in an escrow account administered in accordance with §
194-21B in the name of the applicant and shall charge against such account all disbursements in connection with the costs referred to herein. Fees shall be calculated in accordance with the actual time required for review at rates established by a schedule of professional fees filed annually with the Borough and approved by the Borough Council by resolution, which schedule shall be maintained in the office of the Borough Clerk for public inspection.
(1) Inspection fees for required improvements. Prior to
the start of construction, an inspection fee deposit shall be paid
to the Borough as follows:
(a)
Subdivisions. Prior to any inspection of improvements
by the Borough Engineer, the applicant shall deposit with the Borough
5% of the cost of all improvements, exclusive of buildings, as estimated
by the Borough Engineer. This charge shall be for the purpose of defraying
the costs of inspections by the Borough Engineer of the improvements
required by the Planning Board.
(b)
Site plans. The inspection fee for all required
improvements for site plans shall be 2% of the total estimated cost
of said improvements, with a minimum charge of $100. This inspection
fee for required improvements on site plans does not include charges
made under the Uniform Construction Code by the Construction Code
Official or any subcode officials.
(c)
For those developments for which the reasonably
anticipated inspection fees are less than $10,000, fees may, at the
option of the developer, be paid in two installments. The initial
amount deposited shall be 50% of the reasonably anticipated fees as
calculated by the Borough Engineer. When the balance on deposit drops
to 10% of the reasonably anticipated fees because the amount deposited
by the developer has been reduced by payments to the Borough Engineer
and Attorneys in connection with inspections, the developer shall
deposit the remaining 50% of the anticipated fees immediately upon
receipt of a request from the Chief Financial Officer.
(d)
For those developments for which the reasonably
anticipated inspection fees are $10,000 or greater, fees may, at the
option of the developer, be paid in four installments. The initial
amount deposited by a developer shall be 25% of the reasonably anticipated
fees as calculated by the Borough Engineer. When the balance on deposit
drops to 10% of the reasonably anticipated fees because the amount
deposited by the developer has been reduced by payments to the Borough
Engineer and Attorneys in connection with inspections, the developer
shall make additional deposits of 25% of the reasonably anticipated
fees.
(e)
The Borough Engineer shall not perform any inspection,
except required health and safety inspections, if sufficient funds
to pay for those inspections are not or deposit.
(2) Review fee deposits. In addition to the inspection
fees or any other fees required in this section, an applicant shall
file with the Borough at time of filing an application a review fee
deposit to cover the costs incurred for reviewing applications for
development and review and preparation of documents and other actual
out-of-pocket costs incurred pertaining to the application by planners,
attorneys and any other professionals or experts employed by the Borough
on a consultant basis whose services are deemed necessary to report
upon the application and its compliance with Borough ordinances and
codes. The Borough agency shall not process and/or take action on
the application unless all review fees and deposits required herein
shall have been paid by the applicant. The initial deposit for review
fees shall be in accordance with the following schedule:
(a)
Subdivisions.
[1]
Concept plan. When the applicant requests a
review of more than one lot but not more than 20 lots: $500. If the
application contains more than 20 lots: $1,000.
[2]
Minor subdivisions. Simple lot line change or
resubdivision: $200.
[3]
Minor subdivision. Three lots or less: $300.
[4]
Preliminary plat of a major subdivision: $200
for each lot within the proposed subdivision.
[5]
Final plat of a major subdivision: $50 for each
lot within the final plat of the subdivision.
(b)
Site plans.
[1]
Concept plan: $350 per acre or fraction thereof
for the first two acres, plus $50 for each additional acre or fraction
thereof.
[2]
Preliminary site plan: $1,000 per acre or fraction
thereof for the first two acres, plus $150 for each additional acre
or fraction, thereof. [Note: If the site plan involves only a portion
of a site or is otherwise of a relatively minor nature, the review
fee deposit shall be based on the site area impacted, as determined
by the Borough Engineer; provided, however, that the minimum review
fee shall be based on an area not less than one acre.]
[3]
Final site plan: 50% of the preliminary site
plan review fee.
(c)
Variances. A fee to be determined as follows:
When the Planning Board determines that expert consultants and/or
other professional services are necessary in connection with an application,
the Secretary of the Board shall send one copy of the filed application
to such expert consultant and/or professional whose services are deemed
necessary by the Board. Within 10 days of receipt of the same, the
professionals shall submit an estimate of funds sufficient in amount
to undertake technical review and findings of fact relative to the
application. The initial review fee deposit shall be equal to the
estimate submitted by the professionals.
B. Administration of inspection fee and review fee deposits.
(1) Escrow accounts. Each review fee and inspection fee
deposit shall be held by the Borough in an individual escrow trust
account (hereinafter "escrow account"). Whenever an amount of money
in excess of $5,000 shall be deposited by an applicant with the Borough
for deposits pursuant to this section, said money, until repaid or
applied to the purposes for which it is 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 in escrow.
All interest earned and paid to the applicant shall be in accordance
with P.L. 1985, c. 315.
(2) Tabulation of escrow accounts.
(a)
The Chief Financial Officer shall tabulate the
costs of the Engineer, Planner and Attorneys, their staffs and any
outside consultants required when an application is of a nature beyond
the scope of the expertise of the professionals normally utilized
by the Borough, for a proper review and documentation pursuant to
vouchers submitted monthly by the professionals identifying the personnel
performing the service and stating the date the services were performed,
the hours spent to one-fourth-hour increments, the hourly rate and
the expenses incurred. Expenses shall be actual out-of-pocket expenses
of any such professionals and consultants, including normal and typical
expenses incurred in processing applications. Unit charges (i.e.,
per diem or hourly fees, inspections or expert testimony charges)
levied by the Borough Engineer, planning consultant, Attorney or other
professionals for services applied to an escrow account authorized
and approved pursuant to this section may not exceed those unit charges
contracted for and/or approved by the Borough agency for services
by said professional which may not under this section be subject to
compensation by an escrow account. Vouchers shall be submitted monthly
to the Chief Financial Officer, with a copy to the applicant. These
costs shall be deducted from the applicable escrow account and paid
to the professionals by the Chief Financial Officer.
(b)
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 statement shall
be provided quarterly, if monthly charges are $1,000 or less, or monthly,
if monthly charges exceed $1,000.
(c)
In the event that the funds in the escrow account
should become depleted or are anticipated to become depleted prior
to the completion of the application procedure and/or inspection of
improvements, as the case may be, and additional funds are necessary
to cover the costs of processing said application or inspecting improvements
in order to work to continue on the development or the application,
the applicant shall, within 10 days of receipt of notice from the
Chief Financial Officer, deposit additional funds of not less than
50% of the initial escrow deposit amount. In order to expedite the
processing of applications by the Borough agency, the Chief Financial
Officer shall notify the applicant immediately upon the depletion
of funds in the escrow account or as soon as insufficiency of funds
becomes evident or is expected. Pending receipt of the additional
funds, any required health and safety inspections shall be made and
charged back against the replenishment of funds.
(3) Final accounting. After the final plat or site plan
has been signed, in the case of review fee accounts, or after the
improvements have been approved by the Borough Council, in the case
of inspection fee deposits, the applicant shall send written notice,
by certified mail, to the Chief Financial Officer, the Planning Board,
the Borough Engineer and other relevant professionals that the application
is completed. After receipt of such notice, the Engineer and/or other
professional shall submit a final voucher to the Chief Financial Officer
within 30 days, with a copy to the applicant. The Chief Financial
Officer shall render a written final accounting to the applicant on
the status of the escrow account within 45 days of receipt of the
final bill, together with any balance remaining in the account, including
interest in accordance with N.J.S.A. 40:55D-53.1.
(4) Appeal of escrow account. Within 15 days of any tabulation
of review costs or inspection fees by the Chief Financial Officer,
the applicant shall have the right to appeal said charges by so notifying
the Borough Council, in writing, with copies to the Chief Financial
Officer, the Planning Board and any other relevant professional, provided
that any additional fees or amounts required by the Planning Board
to be paid prior to the signing of any plat, issuance of a building
permit or the inspection of any improvement must be paid by the applicant
prior to the bringing of any such appeal. Upon receipt of any such
appeal, the Planning Board shall review the same and make a recommendation
thereon to to the Borough Council within 45 days. The Borough Council
shall then decide the proper review fee to be charged, based upon
information provided by both the applicant and the Planning Board.
If the matter is not resolved to the satisfaction of the applicant,
the applicant may appeal to the County Construction Board of Appeals,
established under P.L. 1975, c. 217 (N.J.S.A. 52:27D-127), any charge
to an escrow account or a deposit by any municipal professional or
consultant pursuant to the procedure set forth in N.J.S.A. 40:55D-53.2a.
C. Additional fees. In addition to all other fees specified
in this chapter, an applicant or appellant shall pay the actual costs
incurred by the Planning Board or Borough Council, as the case may
be, for recording verbatim, by use of a shorthand reporter or stenographer,
all public hearings, whether regular or special, in excess of three
hearings upon any application for development or appeal to the Borough
Council, as well as the furnishing of copies of transcripts of any
such hearing required by the applicant, appellant or Planning Board,
as the case may be, in the consideration of the application or appeal.
D. Payment of fees.
(1) All fees and deposits required by this chapter shall
be paid by check drawn to the order of the Borough of Netcong. Any
check for fees in excess of $250, shall be in the form of a certified
or a bank's cashier's check. Except as otherwise provided, all fees
and deposits shall be paid at the time of the filing of any application
or appeal and shall be submitted with the application or appeal.
(2) All permits, determinations, resolutions, decisions,
certificates of occupancy or certificates of approval are subject
to the payment of all fees provided for in this chapter, and no approvals
shall be given or decision rendered by the Planning Board or Borough
Council, as the case may be, until proof has been submitted that all
requisite fees have been paid to the Borough. Furthermore, the applicant
must submit proof that no taxes or assessments for local improvements
are due or delinquent on the property before the approving authority
may act on an application.
(3) The payment of fees pursuant to the provisions of
this chapter shall not relieve an applicant from the payment of any
other fees required by any other ordinance or provision thereof.
E. Waiver and reduction of fees. The Council or the Planning
Board, as the case may be, may waive or reduce the fees prescribed
herein in connection with applications submitted by public agencies,
nonprofit volunteer organizations and such other quasi-public agencies
and organizations as the Council or Board, as a matter of policy,
may designate. The Borough Council or the Planning Board, as the case
may be, may also reduce fees in connection with applications under
its jurisdiction when, in it judgment, the fee would be unreasonably
excessive in relation to the scope of the application, the degree
of professional review services, required and other unusual circumstances
relating to the application. No such fee shall be reduced if actual
expenses of the Council or the Board exceed 50% of the fee herein
specified, and at least 10% of the fee herein specified shall be retained
by the Borough to cover administrative costs.
[Amended 12-12-2019 by Ord. No. 2019-17]
Pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-12, public notice must be provided for any application involving one or more of the following: extension of site plan or subdivision approval for five or more years; modification or elimination of a significant condition or conditions in a memorializing resolution in any situation wherein the original application required public notice; and for any application for development, including variances, conditional use approvals, site plans, subdivisions, requests for interpretation of the zoning ordinance or official map, direction for the issuance of a permit to construct a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 50:55D-32 (the Official Map) or for a permit to construct a building or structure not related to a street, and as may in addition be required by the Municipal Land Use Law, or this Chapter
194 and amendments, and excepting therefrom the following applications: 1) conforming minor subdivisions; 2) final approval of a major site plan or subdivision; and 3) appeals from determinations of the Zoning or Administrative Officer. Public notice shall be given 10 days prior to the date of the hearing as follows:
A. Notice shall be given by publication in the official newspaper of
the municipality.
B. Notice shall be given to the owners of all real property, as shown
on the current tax duplicate or duplicates, located within 200 feet
in all directions of the property which is the subject of such hearing
and whether located within or without the municipality in which the
applicant's land is located. Such notice shall be given by serving
a copy thereof on the owner as shown on the said current tax duplicate
or his agent in charge of the property, or by mailing a copy thereof
by certified mail to the property owner at his address as shown on
the said current tax duplicate. A return receipt is not required.
Notice to a partnership owner may be made by service upon any partner.
Notice to a corporate owner may be made by service upon its president,
a vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation. Upon the
written request of an applicant, the Tax Search Officer shall, within
seven days, make and certify a list from said current tax duplicate
of names and addresses of owners to whom the applicant is required
to give notice pursuant to this section. The applicant shall be entitled
to rely upon the information contained in such list, and failure to
give notice to any owner not on the list shall not invalidate any
hearing or proceeding. A fee of $10 shall be charged for such list.
C. Notice of all hearings on applications for development involving
property located within 200 feet of an adjoining municipality shall
be given by personal service or certified mail to the Clerk of such
municipality.
D. Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for development
of property adjacent to an existing county road or proposed road shown
on the Official County Map or on the County Master Plan, adjoining
other county land or situated within 200 feet of a municipal boundary.
E. Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a state highway.
F. Notice shall be given by personal service or certified mail to the
Director of the Division of State and Regional Planning in the Department
of Community Affairs of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the Municipal Clerk pursuant to N.J.S.A. 40:55D-10b.
G. The applicant shall file an affidavit of proof of service on a form
prescribed with the municipal agency holding the hearing on the application
for development in the event that the applicant is required to give
notice pursuant to this section.
H. Any notice permitted to be made by certified mail shall be deemed
complete upon mailing.
The Planning Board shall give:
A. Public notice of a hearing on adoption, revision or
amendment of the Master Plan; such notice shall be given by publication
in the official newspaper of the Borough at least 10 days prior to
the date of the hearing.
B. Notice by personal service or certified mail to the
Clerk of an adjoining municipality of all hearings on adoption, revision
or amendment of the Master Plan involving property situated within
200 feet of such adjoining municipality at least 10 days prior to
the date of any such hearing.
C. Notice by personal service or certified mail to the
County Planning Board of:
(1) All hearings on the adoption, revision or amendment
of the Municipal Master Plan at least 10 days prior to the date of
the hearing; such notice shall include a copy of any such proposed
Master Plan or any revision or amendment thereto.
(2) The adoption, revision or amendment of the Master
Plan not more than 30 days after the date of such adoption, revision
or amendment; such notice shall include a copy of the Master Plan
or revision or amendment thereto.
Notices pursuant to §§
194-27 and
194-28 of this article shall state the date, time and place of the hearing, the nature of the matters to be considered and, in the case of notices pursuant to §
194-27 of this article, an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office, and the location and times at which any maps and documents for which approval is sought are available for public inspection.