[Amended 10-13-81; 6-14-1988; 3-14-1989; 7-10-1990]
A. The following fees shall be charged an applicant for
permit or review of an application for development by a municipal
agency:
(2) Temporary use permit: $25.
(3) Conditional use: $400 plus review fee deposit.
(4) Variance pursuant to N.J.S.A. 40:55D-70d (use variance):
$600 plus review fee deposit.
(5) Any other type variance: $300.
(6) Direction pursuant to N.J.S.A. 40:55D-35 or 40:55D-36
(building lot in bed or mapped street, etc., or not abutting improved
street): $300.
(7) Subdivision application fees.
(b)
Major subdivision.
[1]
Sketch plat submission: $150.
[2]
Preliminary plat submission:
[a]
For four lots or fewer: $750, plus review fee
deposit.
[b]
For five or more lots $1,200, plus review fee
deposit.
[3]
Final plat submission: $450 plus review fee
deposit and inspection fee deposit.
(c)
Resubmissions.
[1]
Resubmission of incomplete application: an additional
$100.
[2]
Any other resubmission: as per a new application.
(8) Appeals from the Zoning Board of Adjustment and the
Planning Board to governing body: $400.
(9) Site plan review: $800 plus review fee deposit. In the event that a waiver is granted pursuant to Chapter
145, Land Use, §
145-45, $400 of the application fee shall be refunded.
(10) Interpretation of Zoning Law or appeal from decision of Zoning Officer: as in Subsection
A(5) above.
(11) Conceptual review fee: $150 (includes any miscellaneous
applications).
B. Escrow fund fees.
(1) Review fee deposit.
(a)
The review fee deposit is to be used to pay
the fees of any professional personnel retained or employed by the
township to assist in processing, reviewing and making recommendations
concerning the subject application. If at any time it becomes evident
that the escrow fund is or will become insufficient to cover all reasonable
fees for the required professional services, the applicant shall increase
the fund as determined by the reviewing agency. Any excess funds in
the escrow fund remaining after 45 days from the date action is taken
by the Zoning Officer with respect to the applicant shall be returned
to the applicant.
(b)
Whenever a review fee is required, the developer
shall deposit with the Township Treasurer a sum of money which the
Treasurer shall, in turn, deposit in a separate escrow account and
carry under the township's trust fund section of accounts on the books
of the township as an inspection fee escrow fund. The amount of money
so deposited, exclusive of all other fees, shall be as follows:
[1]
For subdivisions.
[a]
Five lots or fewer: $500.
[b]
More than five lots: $100 per lot, but no less
than $1,000.
[2]
For other applications: $0.02 per gross square
foot of building floor area included in the proposed development plus
$100 per acre prorated for fractions of land included in the lot(s)
involved, but not less than $100.
(2) Inspection fees.
(a)
This escrow fund shall be used to pay the fees
of professional personnel employed to inspect and approve the construction
of the improvements for subdivision and site approval. Any excess
of funds in the escrow at the time when all improvements have been
finally accepted shall be returned to the developer. If at any time
it becomes evident that the escrow fund is or will be insufficient
to cover said inspection fees, the developer shall increase the fund
as required by the approving municipal agency.
(b)
Prior to final approval of the plat, the developer
is required to deposit with the Township Treasurer a sum of money
which the Township Treasurer shall, in turn, deposit in a separate
escrow account and carry under the township's trust fund section of
accounts on the books of the township as an inspection fee escrow
fund. The amount of money so deposited exclusive of all other fees
shall equal 4% of the cost of all improvements required as a condition
of subdivision approval as such cost is estimated by the Township
Engineer. However, there shall be a minimum inspection fee escrow
deposit of $300 even though the aforesaid computation produces a lesser
amount, unless there are no improvements required for subdivision
approval, in which case there shall be no inspection fee escrow fund
established.
All fees, unless otherwise specified, shall
be paid by the applicant or appellant to the Secretary or Clerk of
the municipal agency to which the application or appeal is being made
at the same time as his application is submitted or his appeal is
filed. Said fee shall then be turned over to the Municipal Treasurer
at the end of each month.
Whenever a term is used in this article which
is defined in the Municipal Land Use Law, such term is intended to have the meaning set forth in
the definition of such term found in such statute, unless a contrary
intention is clearly expressed from the context of this article.
[Adopted 12-9-2003 by Ord. No. 0224; amended
in its entirety 12-30-2008 by Ord.
No. 08-17]
The following terms, as used in this article, shall have the
following meanings:
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share
Plan and includes, but is not limited to, an inclusionary development,
a municipal construction project or a one-hundred-percent affordable
development.
COAH or THE COUNCIL
The New Jersey Council on Affordable Housing established
under the Act which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the state.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
DEVELOPMENT FEE
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with §§ 1,
5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
GREEN BUILDING STRATEGIES
Those strategies that minimize the impact of development
on the environment, and enhance the health, safety and well-being
of residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
Township of Pilesgrove shall complete and return to COAH all
monitoring forms included in monitoring requirements related to the
collection of development fees from residential and nonresidential
developers, payments in lieu of constructing affordable units on site,
funds from the sale of units with extinguished controls, barrier-free
escrow funds, rental income, repayments from affordable housing program
loans, and any other funds collected in connection with Township of
Pilesgrove's housing program, as well as to the expenditure of
revenues and implementation of the plan certified by COAH or approved
by the Court. All monitoring reports shall be completed on forms designed
by COAH.
The ability for the Township of Pilesgrove to impose, collect
and expend development fees shall expire with its substantive certification
or judgment of compliance unless the Township of Pilesgrove has filed
an adopted Housing Element and Fair Share Plan with COAH or the Court,
has petitioned for substantive certification or filed a declaratory
action pursuant to § 313 of the New Jersey Fair Housing
Act, and has received COAH's or the Court's approval of
its development fee ordinance. If the Township of Pilesgrove fails
to renew its ability to impose and collect development fees prior
to the expiration of substantive certification or judgment of compliance,
it may be subject to forfeiture of any or all funds remaining within
its municipal trust fund. Any funds so forfeited shall be deposited
into the "New Jersey Affordable Housing Trust Fund" established pursuant
to § 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). The
Township of Pilesgrove shall not impose a residential development
fee on a development that receives preliminary or final site plan
approval after the expiration of its substantive certification or
judgment of compliance, nor shall the Township of Pilesgrove retroactively
impose a development fee on such a development. The Township of Pilesgrove
shall not expend development fees after the expiration of its substantive
certification or judgment of compliance.