[Amended 3-17-1986; 10-20-1986; 9-15-1997 by Ord. No. 97-13; 5-1-2000 by Ord. No. 00-9; 9-15-2008 by Ord. No.
08-25]
A.
IN-HOUSE PROFESSIONALS
OUTSIDE PROFESSIONALS
PROFESSIONAL SERVICES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Engineers, planners, attorneys and other professionals whose
salary, staff support and overhead are provided by the Township.
Engineers, planners, attorneys and other professionals whose
salary, staff support and overhead are not provided by the Township
of North Brunswick. Outside professionals shall include, without limitation,
consultants who are not normally utilized by the Township 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 Township.
Includes, but is not limited to, time spent by a professional
engineer, professional planner, attorney, traffic expert or other
professional in connection with any of the following:
B.
Fees.
[Amended 12-14-2020 by Ord. No. 20-25]
(1)
Zoning permit fees. A nonrefundable zoning permit application
review fee, calculated pursuant to the Department of Community Development
Fee Schedule as adopted by resolution of the Township of North Brunswick
Council, shall be paid to the Township of North Brunswick before any
construction permit is issued, and prior to the commencement of use
or before any structure is erected, restored, added to or structurally
altered. The established fee shall be due at the time of the submission
of the zoning permit application, and shall be payable to the Township
of North Brunswick in connection with projects such as, but not limited
to, new use or tenant, new buildings, building additions or alterations,
decks, porches, sheds, gazebos, pergolas, fences, patios, detached
garages, above- or in-ground pools, solar panels, generators, finished
basements, signs, antennas, temporary portable storage units, temporary
storage containers, and temporary tents. If more than one structure
is proposed, the applicant shall pay applicable fees for each such
structure.
(2)
Engineering permit fees. A nonrefundable engineering permit
application review fee, calculated pursuant to the Department of Community
Development Fee Schedule as adopted by resolution of the Township
of North Brunswick Council, shall be paid prior to the construction
of any nonresidential building or residential dwelling unit, installation
of public and private improvements, private driveway expansion or
extension, installation of in-ground pools, retaining walls, and alteration
of existing grades. For the purposes of this subsection, "retaining
walls" shall be defined as vertical, self-supporting structures which
exceed 30 inches in height, and constructed of concrete, durable wood,
masonry or other materials, and designed to resist the lateral displacement
of soil or other materials.
(3)
Land use application fees. A nonrefundable development application
fee, calculated pursuant to the Department of Community Development
Fee Schedule as adopted by resolution of the Township of North Brunswick
Council, shall be paid at the time of filing for an approval or appeal
before the Zoning Board of Adjustment or Planning Board. If more than
one approval is required, the applicant shall pay the fee required
for each such approval.
C.
Technical review escrow deposits. A technical review
escrow deposit calculated in accordance with this subsection shall
be paid at the time of filing for any approval or action listed herein.
The required escrow deposits for technical review fees shall be as
follows:
[Amended 12-14-2020 by Ord. No. 20-25]
(1)
Minor subdivision (new additional lots created): $750 per lot.
Lot line adjustment (no additional lots created): $500.
(2)
Preliminary major subdivision: $500 per lot for the first 10
lots, plus $200 per lot for all lots in excess of 10, including a
minimum escrow deposit fee of $2,000 and up to a total maximum escrow
deposit fee of $20,000.
(3)
Final major subdivision: 1/3 of the escrow deposit calculated
for preliminary major subdivision.
(4)
Site plan.
(a)
For nonresidential development: an amount equal to $0.15 per
square foot up to 15,000 square feet of lot area, plus $0.05 per square
foot for all lot area in excess of 15,000 square feet, including a
minimum escrow deposit fee of $2,000 and up to a total maximum escrow
deposit fee of $20,000. In cases where only a portion of the parcel
or site is to be involved in the proposed site plan, the fee shall
be based on the total area of disturbance, including grading and landscaping.
(b)
For residential development: an amount equal to $200 per unit
for the first 50 units, plus $100 per unit for all units in excess
of 50, including a minimum escrow deposit fee of $2,000 and up to
a total maximum escrow deposit fee of $20,000.
(c)
Site plan waiver request: $500.
(5)
Revised subdivision and site plan submissions. One-third of
the total escrow deposit calculated for the original submission.
(6)
General development plan: $2,000.
(7)
Conditional uses: $2,000.
(10)
Development permit (N.J.S.A. 40:55D-34 and 40:55D-35): $1,000.
(12)
Appeal from decision of Zoning Officer: $750.
(13)
Interpretation of Zoning Map or ordinance: $750.
(14)
Request for zoning change: $2,000.
(15)
Certificate of nonconformity (N.J.S.A. 40:55D-68): $750.
(16)
Requests for processing of sanitary sewer or potable water applications:
$500.
(17)
Special meetings (scheduled and convened for the benefit of
an applicant): $2,500 per meeting.
D.
Technical review fees.
(1)
General. A technical review fee shall be charged by
the Township against the escrow deposit. The amount of the technical
review fee to be charged by the Township shall be equal to the professional
costs incurred by the Township during the application process.
(2)
Components of technical review fee. The technical
review fee to be charged against the escrow deposit shall include
the following components:
(a)
The dollar amount of all charges by outside
professionals (as defined herein) for professional services rendered
to the Township 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 Township 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 appropriate action of the Township
Council or review board.
(b)
The dollar amount of the hourly base salary
of each in-house professional (as defined herein) who has rendered
professional services to the Township and/or the reviewing board in
connection with the application multiplied by both of the following:
E.
Post land use approval escrow deposits. A post land use approval escrow deposit to support inspection fees shall be required to be posted prior to the issuance of any Township permits to construct public improvements or private site work improvement as specified in § 205-133.6D of the Code as follows:
(1)
The developer shall, at the time of filing for any Township permits to construct public improvements or private site work improvements as specified in § 205-133.6D herein, post an escrow deposit equal to the greater of $5,000 or 5% of the amount of the performance guaranty estimates.
(2)
The escrow deposit shall be equal to the total calculated
for all performance guaranty estimates for public improvements and
private site work improvements.
(3)
For those developments for which the escrow
deposit is less than $10,000, the escrow deposit may, at the option
of the developer, be paid in two installments. The initial amount
deposited by the developer shall be 50% of the total required escrow
deposit. When the balance on deposit drops to 10% of the total required
escrow deposit because the amount deposited by the developer has been
reduced by the amount paid by the Township for inspection, the developer
shall deposit the remaining 50% of the required escrow deposit.
(4)
For those developments where the escrow deposit
is greater than $10,000, the escrow deposit may, at the option of
the developer, be paid in four installments. The initial amount deposited
by the developer shall be 25% of the total required escrow deposit.
When the balance on deposit drops to 10% of the required escrow deposit
because the amount deposited by the developer has been reduced by
the amount paid by the Township for inspection, the developer shall
deposit the remaining 25% of the required escrow deposit.
(5)
In the event that the final approval is by stages
or sections of development, the provisions of this section shall be
applied by stage or section.
F.
Components of inspections fees. The inspection fee
shall include the following components:
(1)
The dollar amount of all charges by outside
professionals (as defined herein) for professional services rendered
to the Township 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 Township 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 appropriate action of the Township
Council or reviewing board.
(2)
The dollar amount of the hourly base salary
of each in-house professional (as defined herein) who has rendered
professional services to the Township and/or the reviewing board in
connection with the application multiplied by both of the following:
G.
Limitations on scope of charges for professional services.
(1)
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 the following:
(2)
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.
(3)
If the Township or the reviewing board shall
retain a different professional in place of the professional originally
responsible for review of an application, the Township or the reviewing
board, as the case may be, shall be responsible for all time and expenses
for the new professional to become familiar with the application.
Neither the Township nor the reviewing board shall charge the applicant's
escrow deposit for such services.
(4)
Neither the Township nor the reviewing board
shall bill an applicant or charge the applicant's escrow 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.
H.
Procedures for assessment of charges for technical
review and inspection fees.
(1)
General procedures.
(a)
All technical review fee and inspection fee
escrow deposits shall be placed into an escrow account which shall
be maintained by the Chief Financial Officer of the Township of North
Brunswick. The Chief Financial Officer shall make all payments from
said escrow account.
(b)
All payments charged to an applicant's technical
review fee and inspection fee escrow deposit shall be issued pursuant
to vouchers from the professional 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 at least one-fourth-hour increments,
the hourly rate and the expenses incurred.
(c)
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 simultaneously sent
to the applicant.
(d)
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 and inspection
fee deposits. The accounting shall include all deposits made, interest
earned, disbursements made and cumulative deposit balance. Notwithstanding
the foregoing to the contrary, 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.
(2)
Replenishing of deposit.
(a)
If a technical review fee or inspection fee
escrow deposit shall be insufficient to enable the Township or the
reviewing board to perform the 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 Township (acting through its
Chief Financial Officer) and the applicant.
(b)
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 no 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.
(c)
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 the same in the Superior Court,
Law Division, in an action in lieu of prerogative writs filed within
45 days after the applicant received the Chief Financial Officer's
final accounting with respect to the applicant's technical review
fee deposit.
(d)
If the applicant fails to timely pay (under
protest or otherwise) the amount requested, the Township, the reviewing
board and all professionals shall have the 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 or inspection
fee deposits.
(3)
Final accounting and 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 or upon completion of the construction
of the improvements for which an inspection escrow has been posted,
the applicant shall provide written notice of the same, by certified
mail, returned 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 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.
(4)
Interest and administrative expenses.
(a)
Whenever an amount of money in excess of $5,000
shall be deposited by an applicant with the Township 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 Township, except
as otherwise provided for in this section.
(b)
The Township 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 Chief Financial Officer 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 Township 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 Township 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 hereinabove, the Township 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 Township in connection with the deposit.
In the application and interpretation of this
chapter, all provisions hereof shall be held to be minimum standards
or requirements adopted for the promotion of the public health, safety,
convenience and general welfare of the Township of North Brunswick.
Whenever the requirements of this chapter are at variance with the
requirement of any other lawfully adopted rules, regulations or ordinances,
the most restrictive, or that imposing the higher standards, shall
govern.
For each and every violation of the provisions
of this chapter, the owner, contractor or other persons interested
as lessee, tenant or otherwise, in any building, premises or land
where such violation has been committed or shall exist, shall be subject
to a fine of not more than $200 or imprisonment for a period not to
exceed 90 days, or both, at the discretion of the court before whom
a conviction may be had. Each and every day that such violation continues
or exists shall be considered as a separate and specific violation
of this chapter and not as a continuing offense. In addition, the
Township, the Zoning Officer or any property owner or owners shall
have such other remedies as provided by law.
All amendments to this chapter and to the Zoning
Map which forms a part hereof shall be adopted in accordance with
the provisions of the New Jersey Revised Statutes, Title 40, Chapter
55, as amended and supplemented.
All applications for development filed prior
to the effective date of this chapter shall be continued, but any
appeals arising from decisions made on any such application shall
be governed by this chapter.
Immediately upon adoption of this chapter, the
Township Clerk shall file a copy of this chapter with the County Planning
Board as required by law. The Township Clerk shall also file with
said County Planning Board copies of all other ordinances of the municipality
relating to land use.
All ordinances or parts of ordinances inconsistent
with this chapter are hereby repealed to the extent of such inconsistency
including the following:
A.
"An Ordinance to Limit and Restrict to Specified Zones
and to Regulate Therein Buildings and Structures, According to Their
Construction and the Nature and Extent of Their Use and the Nature
and Extent of the Uses of the Land in the Township of North Brunswick,
Middlesex County, New Jersey, Including the Right to Regulate and
Restrict the Height, Number of Stories and Size of Buildings and Other
Structures, the Percentage of the Lot That May Be Occupied, the Size
of Yards, Courts and Other Open Spaces, the Density of Population
and the Location and Use and Extent of Use of Buildings and Structures
and Land for Trade, Industry, Residence or Other Purposes," and amendments
and supplements thereto.
B.
"An Ordinance Establishing Rules, Regulations and
Standards Governing the Subdivision of Land Within the Township of
North Brunswick, Pursuant to the Authority Set Forth in Chapter 433
of the Laws of 1953, and Amendments and Supplements Thereto, Setting
Forth the Procedure to be Followed by the Planning Board in Applying
and Administering These Rules, Regulations and Standards and Providing
Penalties for the Violation Thereof," adopted June 21, 1954, and thereafter
amended.
C.
"An Ordinance of the Township of North Brunswick, Establishing a Planning Board and a Zoning Board of Adjustment Pursuant to the Provisions of Chapter 291 of the Laws of New Jersey 1975, Providing for the Powers of Said Boards, Fixing the Procedures Governing Applications to Said Boards and Appeals Therefrom and Providing for the Continuance of the Existing Ordinance."
