[Amended by Ord. No. 1231]
A. No zoning permit, building permit or certificate of occupancy shall be issued for any parcel of land or structure which was sold or on which improvements were undertaken in violation of the provisions of this chapter or for use of a lot which was created by subdivision after the effective date of and not in conformity with the provisions of this chapter. No site improvements, such as but not limited to excavation, the construction of public or private improvements, any activity covered by §
230-116 or any similar activity shall be commenced except in conformance with this chapter and in accordance with plat approvals and the issuance of required permits.
B. No application shall be accepted by the Construction
Official, Zoning Officer and/or the secretary of the approving board
unless the applicant provides certification from the Tax Collector
that all taxes or any other outstanding fees due to the Borough have
been paid to date.
A zoning permit shall be issued by the Zoning
Officer before the issuance of either a certificate of occupancy to
a new occupant of an existing building or portion of an existing building,
or a building permit.
It shall be unlawful to use or permit the use
of any building or part thereof hereafter created, changed, converted,
altered or enlarged, wholly or in part, until a certificate of occupancy
shall have been issued by the Building Inspector, and no certificate
shall be issued unless the land, building and use thereof comply with
this chapter; all matters incorporated on the approved subdivision
or site plan have been completed and certified by the Municipal Engineer;
and the Building and Health Codes are complied with.
Prior to the subdivision or resubdivision of
land within the municipality and as a condition of the filing of subdivision
plats with the County Recording Officer, a resolution of approval
of the reviewing board is required, as is the approval of site plans
by resolution of approval of the reviewing board, as a condition for
the issuance of a permit for any development, except that subdivision
or individual lot application for detached one- or two-dwelling-unit
buildings shall be exempt from such site plan review and approval.
[Amended by Ord. No. 1228; Ord. No. 1231; Ord. No. 1292; Ord. No. 1298; Ord. No. 1441; Ord. No. 1569; Ord. No. 1633; 5-1-2007 by Ord. No. 07-1721; 8-11-2009 by Ord. No.
09-1765]
A. Every application for development shall be accompanied by a nonrefundable
application fee and a separate preliminary escrow account deposit,
each payable to the Borough of Highland Park in accordance with the
Schedule of Application Fees and Preliminary Escrow Account Deposits
set forth in Schedule A attached hereto. Where one application for
development includes several approval requests (e.g., site plan, subdivision,
variance, etc.), the sum of the individually required application
fees and preliminary escrow account deposits shall be paid.
B. Application fees, preliminary escrow account deposits, and other
escrow account deposits shall be paid with separate checks for the
total application fees and for the total escrow account deposits.
C. After an application is submitted, and prior to the application being
deemed complete, the Borough shall advise the applicant if a further
initial escrow account deposit is due in addition to the preliminary
escrow deposit, and the amount of such additional escrow account deposit.
The applicant shall promptly deliver a check to the Borough in the
further amount established by the Borough (escrow account deposits
subsequent to the preliminary escrow account deposit shall be known
as escrow account deposits). No application for development shall
be deemed complete unless and until all required application fees,
preliminary escrow account deposits and further initial escrow account
deposits are paid in full.
D. Fees for copies of requested items, special meetings, and other items
also are included in the attached fee schedule.
E. Schedules of fees.
|
Schedule A
|
---|
|
|
|
Application Fee
|
+
|
Preliminary Escrow Account Deposit
|
---|
|
Subdivisions
|
|
|
|
|
|
Minor subdivision plat
|
$250
|
|
$500 per lot ($1,000 minimum)
|
|
|
Preliminary major
|
$500
|
|
$500 per lot
|
|
|
Final major
|
$250
|
|
$250 per lot
|
|
|
Informal concept Subdivision Plat/Technical Review Committee
|
$150
(to be credited toward application fee for minor/major)
|
|
$1,000 if professional review is required
|
|
|
Amended or revised minor, preliminary major and/or final subdivision
|
$150
|
|
1/2 of the amount originally calculated
|
|
Site Plans
|
|
|
|
|
|
Minor site plan
|
$300
|
|
$2,000
|
|
|
Preliminary major site plan
|
$500
|
|
$500/acre or part thereof, plus $60/dwelling unit in the case
of residential units and/or $0.50/gross square foot of building area
in the case of nonresidential building; a maximum $15,000 initial
deposit
|
|
|
Final major site plan
|
$250
|
|
$250/acre or part thereof, plus $30/dwelling unit in the case
of residential units and/or $0.25/gross square foot of building area
in the case of nonresidential building; a maximum $7,500 initial deposit
|
|
|
Informal concept Minor Site Plan/Technical Review Committee
|
$150
(to be credited toward application fee for minor approval)
|
|
$1,000 if professional review is required
|
|
|
Informal concept Major Site Plan/Technical Review Committee
|
$150
(to be credited toward application fee for major approval)
|
|
$2,000 if professional review is required
|
|
|
Amended or revised minor, preliminary major and/or final site
plan
|
$150
|
|
1/2 of the amount originally calculated
|
|
Conditional uses (not including required site plan or subdivision
review)
|
$150
|
|
$1,000
|
|
Variances
|
|
|
|
|
|
Appeals (N.J.S.A. 40:55D-70a)
|
$250
|
|
$1,000
|
|
|
Interpretation (N.J.S.A. 40:55D-70b)
|
$250
|
|
$1,000
|
|
|
Bulk (N.J.S.A. 40:55D-70c)
|
$150, first variance;
$50, each additional variance
|
|
$500, first variance;
$300, each additional variance
|
|
|
Use and others (N.J.S.A. 40:55D-70d)
|
$250
|
|
$2,500
|
|
|
Permit (N.J.S.A. 40:55D-34 and 35)
|
$150
|
|
$1,000
|
|
|
Signs
|
$75/each
|
|
$300 each
|
|
Approval time extensions
|
$150
|
|
$500
|
|
Request for waiver of site plan
|
$150
|
|
$500
|
|
Zone change requests
|
$250
|
|
$2,000
|
|
Master plan change requests
|
$500
|
|
$5,000
|
|
Modifications to approved plan or resolution
|
$250
|
|
$1,000
|
|
Requested special meeting of Planning or Zoning Board
|
$2,500
|
|
|
|
Zoning permit fee
|
$75, residential
$125, nonresidential
|
|
|
|
Permit/application for structural retaining walls
|
$250
|
|
$500
|
|
Permit/application for disturbance of steep slopes or stream
corridors
|
$250
|
|
$500
|
|
Certified list of property owners
|
$0.25/name or $10, whichever is greater
|
|
|
|
Copy of minutes, resolutions or decisions
|
See Borough Fee Schedule
|
|
|
|
Transcription of meeting proceedings
|
At cost, in accordance with N.J.S.A. 2A:11-15
|
|
|
|
Subdivision approval certificate
|
$50/certificate
|
|
|
|
Certificate of nonconformity (N.J.S.A. 40:55D-68)
|
$50/certificate
|
|
|
|
Copy of land use ordinance
|
$50
|
|
|
|
Copy of tape of meeting
|
$200 + $15/tape
|
|
|
|
Video or CD of meeting
|
$50
|
|
|
F. The application fees are flat fees to cover administrative expenses
incurred by the Borough of Highland Park and are nonrefundable.
G. The escrow account deposits noted in §
230-54A of this section are established to pay for the costs of professional services, including engineering, planning, legal and any other such experts or expenses connected with the review of submitted materials as may be deemed necessary by the Borough, including, without limitation, any traffic engineering, environmental, landscape, fiscal impact review, and/or any other special analyses related to the Borough's review of the submitted materials, or any necessary studies regarding off-tract improvements.
H. An applicant is responsible to reimburse the Borough of Highland
Park for all expenses of professional personnel incurred and paid
by the Borough for the review process of an application for development
before a municipal agency, such as, but not limited to:
(1) Charges for reviews by professional personnel of applications, plans
and accompanying documents currently pending before a municipal agency,
or the review of an applicant's compliance with the conditions of
any approval to an application for development by a municipal agency,
or the review of any requests made by the applicant for modifications
or amendments to the submitted material;
(2) Issuance of reports by professional personnel to the municipal agency,
setting forth recommendations resulting from the review of any documents
submitted by the applicant;
(3) Charges for any telephone conference or meeting requested or initiated
by the applicant, his attorney or any of his experts or representatives;
(4) Review of additional documents, maps and/or plans submitted by the
applicant and issuance of reports relating thereto;
(5) Review or preparation of easements, developer's agreements, leases,
licenses, deeds, approval resolutions, and the like;
(6) Preparation for and attendance at all meetings by all professionals
serving the Board;
(7) The cost of expert advice or testimony obtained by the municipal
agency for the purpose of corroborating testimony of applicant's experts;
and
(8) Actual out-of-pocket expenses incurred in the process of reviewing
the applications, plans and accompanying documents in connection with
the application, including, without limitation, fees for publication
of notices.
I. Each applicant shall pay all costs for professional review of the
application.
(1) If additional escrow sums are deemed necessary at any time, the applicant
shall be notified of the required additional escrow account deposit
that is required and shall pay such additional escrow account deposit
not later than two business days prior to any scheduled hearing. In
no event shall an application be permitted to proceed if there are
outstanding fees at the time of any scheduled hearing or meeting.
(2) All costs for review must be paid before any approved plat, plan
or deed is signed and before any zoning permit, construction permit,
certificate of occupancy, and/or other permit is issued.
(3) Escrow account sums not utilized in the review process shall be returned
to the applicant.
J. If an applicant desires a court reporter, the cost for taking testimony
and transcribing it and providing a copy of the transcript to the
Borough shall be at the expense of the applicant, who also shall arrange
for the reporter's attendance. If an applicant has a transcript of
any hearing(s) prepared, the applicant shall provide a copy thereof
to the Borough at the applicant's expense within three business days
of the applicant's receipt thereof.
K. The fee schedule attached hereto as Schedule A (in Subsection
E above) may be amended from time to time by resolution of the Borough Council.