[Amended 12-10-2002 by Ord. No. 02-28; 8-26-2003 by Ord. No.
03-09; 9-12-2006 by Ord. No. 06-17; 11-25-2008 by Ord. No. 08-22; 3-26-2013 by Ord. No. 13-02; 11-14-2017 by Ord. No. 17-24; 8-27-2020 by Ord. No. 20-11]
A. Fees. Fees for all applications for development, applications for
rezoning and appeals shall be paid with the application to the Planning
Board. All checks are to be made payable to the Borough of Garwood.
Failure to submit payment or the submission of checks that are found
to be improperly drawn will cause an application to be deemed incomplete
and a hearing on the application to be delayed. Required fees shall
be calculated by totaling all applicable fees. Such fees shall be
as follows:
(1)
Fees and deposits per application.
Application
|
Application Fee
|
Escrow Deposit
|
---|
Variance pursuant to N.J.S.A. 40:55-70(d) (per variance)
|
|
|
One- and two-family residential
|
$500
|
$250
|
For all other uses
|
$1,000
|
$1,000
|
Variance pursuant to N.J.S.A. 40:55-70(c) (per variance)
|
|
|
One- and two-family residential
|
$90
|
n/a
|
For other residential
|
$210
|
$1,000
|
For all other nonresidential uses
|
$250
|
$2,500
|
Conditional Use Authorization
|
|
|
One- and two-family residential
|
$350
|
n/a
|
For other residential
|
$500
|
$1,000
|
For all other nonresidential uses
|
$1,000
|
$1,500
|
Site Plan Review
|
|
|
Residential
|
|
|
Residential (preliminary)
|
$1,000, plus $250 for each additional dwelling over 3 units
|
$1,000 for each additional dwelling over 3 units
|
Residential (final)
|
$700
|
n/a
|
Nonresidential
|
|
|
0 to 5,000 square feet (preliminary)
|
$1,000
|
$1,000
|
0 to 5,000 square feet (final)
|
$700
|
n/a
|
5,001 to 20,000 square feet (preliminary)
|
$2,000
|
$3,000
|
5,001 to 20,000 square feet (final)
|
$1,000
|
n/a
|
20,001 to 50,000 square feet (preliminary)
|
$3,000
|
$4,000
|
20,001 to 50,000 square feet (final)
|
$1,000
|
n/a
|
Over 50,001 square feet (preliminary)
|
$4,000, plus $0.05 for each additional square foot over 60,000
square feet
|
$5,000
|
Over 50,001 square feet (final)
|
$1,000
|
n/a
|
Subdivision Review
|
|
|
Two-lot minor subdivision, lot line adjustment (residential)
|
$1,000
|
$1,000
|
Two-lot minor subdivision, lot line adjustment (nonresidential)
|
$1,000, plus $100 per lot
|
$1,000
|
Three-lot or more major subdivision (preliminary)
|
$1,200, plus $500 per lot
|
$2,000
|
Three-lot or more major subdivision (final)
|
$500
|
$1,000
|
Resubmittal fee for revised plat
|
1/3 of original submission fee
|
|
(2)
Extension requests. Applicants shall pay $100 for any requests
to extend the expiration date of a development or variance approval
to be heard by the Planning Board.
(3)
Concept plan.
(a)
Minor subdivision (two lots): $300 application fee, $250 escrow
deposit.
(b)
Major subdivision: $500 application fee, $400 escrow deposit.
(c)
Site plans (without subdivision): $400 application fee, $400
escrow deposit.
(4)
Design standard waiver. The fee for each request for a design
standard waiver shall be $75 application fee, $75 escrow deposit.
(5)
Appeals and requests for interpretation pursuant to N.J.S.A.
40:55D-70(a) through (b).
(a)
One- and two-family residential: $200 application fee, $175
escrow deposit.
(b)
Other residential: $400 application fee, $300 escrow deposit.
(c)
Nonresidential: $750 application fee, $600 escrow deposit.
(6)
Application for rezoning. The fee for an application for rezoning
shall be $2,500. The applicant shall simultaneously make an escrow
deposit of $2,000. Additionally, applicants shall be liable for all
publication fees, mailing costs and any other disbursements by the
municipality in connection with the consideration or adoption of an
amendment to the Land Use Ordinance, which fees shall be paid in advance
by the applicant or deducted from the applicant's escrow deposit.
(7)
Certificate of nonconformity. Each request or application for
a certificate of nonconformity pursuant to N.J.S.A. 40:55D-68 shall
be accompanied by a fee of $200.
(8)
Public hearings. Each application shall require hearing fees.
Fees for hearings before the Planning Board shall be as follows:
(a)
Where a public notice is required, a fee of $850 is to accompany
the application. Individual lot applications for single- and two-family
homes are exempt.
(b)
Where a public notice is not required, a fee of $500 is to accompany
the application. Individual lot applications for single- and two-family
homes are exempt.
(c)
Where a hearing is continued to a subsequent session, a fee
of $500 is to be paid 10 days prior to the date of the continued hearing.
Individual lot applications for single- and two-family homes are exempt.
The Board retains the right to waive this fee on an individual case-by-case
basis for specific circumstances.
(d)
Where an applicant requests a special meeting and public notice
is required, a fee of $885 is to be paid 30 days prior to the date
of the hearing. Where a special meeting is continued to a subsequent
session, a fee of $500 is to be paid five days prior to the date of
the continued hearing.
(e)
All postponements of public hearings that are requested by the
applicant must be made in writing and made prior to the actual date
and time of the hearing date and shall be made to the Secretary of
the Garwood Planning Board. Postponement requests by applicants made
prior to 72 hours of the date and time of the advertised hearing date
shall be granted at no further cost to the applicant, and a new public
notice shall be made in accordance with the Municipal Land Use Laws.
(f)
Postponement requests by applicants made 48 to 72 hours of the
date and time of the advertised hearing date, with good cause and
with permission from the Chairman, shall incur a fee of $200, payable
prior to the rescheduling of a new hearing, and a new public notice
shall be made in accordance with the municipal land use laws.
(g)
Postponement requests by applicants made 24 to 48 hours of the
date and time of the advertised hearing date, with good cause and
with permission from the Chairman and Attorney of the Planning Board,
shall incur a fee of $400, payable prior to the rescheduling of a
new hearing, and a new public notice shall be made in accordance with
the municipal land use laws.
(h)
Postponement requests by applicants made less than 24 hours
of the date and time of the advertised hearing date, with good cause
and with permission from the Chairman and Attorney of the Planning
Board, shall incur a fee of $885, or the current rate of attorney
fees for attendance at meetings, payable 10 days prior to the rescheduling
of a new hearing, and a new public notice shall be made in accordance
with the municipal land use laws.
(i)
The Planning Board shall retain the right to waive any and all
penalties upon an individual-case basis based upon specific circumstances.
(9)
Other meetings.
Type of Meeting/Review
|
Application Fee
|
Escrow Deposit
|
---|
Development Review Committee
|
$200
|
$400
|
Informal review under § 106-74
|
$150
|
$400
|
(10)
Signs. The fee for a sign permit shall be $20, plus a fee of
$1 for each square foot of sign area.
B. Deposits and escrow; performance guarantees and payments to professionals.
(1)
An applicant shall deposit with the Borough an escrow amount
determined in accordance with this section and the applicable provisions
of N.J.S.A 40:55D-1 et seq.: 1) to pay for the services of professionals
employed by the Borough or the Planning Board to review the application
for development and to review and prepare documents in accordance
with N.J.S.A. 40:55D-53.2; 2) for inspection fees in accordance with
N.J.S.A. 40:55D-53; 3) to satisfy the guarantee requirements of N.J.S.A.
40:55D-53; and 4) for any other purposes permitted under the provisions
of N.J.S.A. 40:55D-1 et seq. or other applicable law. The Borough
shall deposit the money in an escrow account in accordance with N.J.S.A.
40:55D-53.1.
(2)
Deposits required for inspection fees in accordance with N.J.S.A. 40:55D-53 shall be established, maintained, and administered in accordance with the provisions of that statutory section, §
106-82K of this chapter, and this section.
(3)
Deposits required to satisfy the guarantee requirements of N.J.S.A. 40:55D-53 shall be established, maintained, and administered in accordance with the provisions of §
106-82 of this chapter and this section.
(4)
The Chief Financial Officer of the Borough shall make all payments
to professionals for fees or charges in connection with services rendered
to the Borough or the approving authority for review of applications
for development, review and preparation of documents, inspection of
improvements, or other purposes permitted under law. Such fees or
charges shall be based upon a schedule established by resolution and/or
by the yearly schedule of fees of the professionals appointed by the
approving authority. For professionals normally utilized by the Borough,
such fees and charges shall be at the same rate as all other work
of the same nature performed by the professional for the municipality
when fees are not reimbursed or otherwise imposed on applicants or
developers.
(5)
The application review and inspection charges shall be limited
to professional charges for review of applications, review and preparation
of documents, inspections of developments under construction, and
review by outside consultants when an application is of a nature beyond
the scope of the expertise of the professionals normally utilized
by the Borough. The only costs that shall be added to any such charges
shall be actual out-of-pocket expenses of any such professionals or
consultants, including normal and typical expenses incurred in processing
applications and inspecting improvements.
(6)
For deposits required pursuant to N.J.S.A. 40:55D-53.2, the amount of deposit required shall be reasonable in regard to the scale and complexity of the development. No application shall be deemed complete until the escrow amounts listed in §
106-147 are posted with the Borough.
(7)
Escrow procedures.
(a)
Each payment charged to a deposit made for the review of applications,
the review and preparation of documents, and inspections of improvements
shall be pursuant to a voucher from the professional. That voucher
shall identify the personnel performing the services and, for each
date, the services performed, the hours spent to one-quarter-hour
increments, the hourly rate, and the expenses incurred.
(b)
All professionals shall submit vouchers to the chief financial
officer of the Borough on a monthly basis in accordance with schedules
and procedures established by the Chief Financial Officer.
(c)
If the services are provided by a Borough employee, the Borough
shall prepare and submit to the Chief Financial Officer of the Borough
a statement, on a monthly basis, containing the same information as
required on a voucher.
(d)
The professional shall send an informational copy of all vouchers
or statements submitted to the Chief Financial Officer of the Borough
simultaneously to the applicant. The Chief Financial Officer of the
Borough shall prepare and send the applicant a statement. That statement
shall include an accounting of funds listing all deposits, interest
earnings, disbursements, and the cumulative balance of the escrow
deposits.
(e)
The Chief Financial Officer shall provide this information to
the applicant on a quarterly basis, if monthly charges are $1,000
or less, or monthly, if monthly charges exceed $1,000.
(f)
If an escrow account or deposit contains insufficient funds
to enable the Borough or approving authority to perform required application
reviews or improvement inspections, the Chief Financial Officer of
the Borough shall provide the applicant with a notice of the insufficient
escrow or deposit balance.
(g)
In order for work to continue on the development or the application,
the applicant shall, within 10 days, post a deposit to the account
in an amount to be agreed upon by the Borough or approving authority
and the applicant. With regard to review fees, if the applicant fails
to make said deposit within the time prescribed herein, the approving
board shall be authorized to dismiss the application without prejudice,
subject to the right of the applicant to seek reinstatement of said
application by written notice to the chief financial officer that
the deposits have been posted. The application will be reinstated
upon written notification by the chief financial officer to the approving
board that said deposits are, in fact, posted. In the interim, the
required or appropriate health and safety inspections shall be made
and charged back against the replenishment of funds. With regard to
inspection fees, the Planning Board Engineer, their employees, or
the Borough Engineer shall not perform any inspection if sufficient
funds to pay for the inspections are not on deposit. Failure to post
or maintain balances in accordance with the requirements of this section
will subject the developer to a stop-work order and/or suspension
of construction permits.
(8)
Escrow close-out procedures.
(a)
The following close-out procedures shall apply to all deposits
and escrow accounts and shall commence after the approving authority
has granted final approval and signed the subdivision plat or site
plan in the case of application review escrows and deposits, or after
the improvements have been completed and approved in the case of improvement
inspection escrow and deposits.
(b)
The applicant shall send written notice by certified mail to
the Chief Financial Officer of the Borough, to the approving authority,
and to the relevant municipal professional that the application or
the improvements, as the case may be, are completed.
(c)
After receipt of such notice, each affected professional shall
render a final bill to the Chief Financial Officer of the Borough
within 30 days and shall send a copy simultaneously to the applicant.
(d)
The Chief Financial Officer of the Borough shall render a written
final accounting to the applicant on the uses to which the deposit
was put within 45 days of receipt of all final bills.
(e)
Any balances remaining in the deposit or escrow account, including
interest, shall be refunded to the developer along with the final
accounting, except for any amounts retained for administrative expenses
pursuant to N.J.S.A. 40:55D53-1.
(9)
Escrow general provisions.
(a)
All professional charges for review of an application for development,
review and preparation of documents, or inspection of improvements
shall be reasonable and necessary, given the status and progress of
the application or construction.
(b)
Review fees shall be charged only in connection with an application
for development presently pending before the approving authority,
or upon review of compliance with conditions of approval, or review
of requests for modification or amendment made by the applicant.
(c)
A professional shall not review items which are subject to approval
by any state governmental agency and not under municipal jurisdiction,
except to the extent consultation with a state agency is necessary
due to the effect of state approvals in the subdivision or site plan.
(d)
Inspection fees shall be charged only for actual work shown
on a subdivision or site plan or required by an approving resolution.
(e)
Professionals inspecting improvements under construction shall
charge only for inspections that are reasonably necessary to check
the progress and quality of the work, and such inspections shall be
reasonably based on the approved development plans and documents.
(f)
If the Borough retains a different professional or consultant
in the place of the professional originally responsible for development,
application review, or inspection of improvements, the Borough or
approving authority shall be responsible for all time and expenses
of the new professional to become familiar with the application or
the project, and the Borough or approving authority shall not bill
the applicant or charge the deposit or the escrow account for such
services.
(10)
Appeals: escrow dispute of charges; appeals; rules and regulations.
(a)
An applicant shall notify the Borough governing body, in writing,
with copies to the chief financial officer, the approving authority,
and the professional, whenever the applicant disputes the charges
made by a professional for services rendered to the Borough in reviewing
an application for development, reviewing or preparing documents,
inspecting improvements, or for other charges made pursuant to law.
(b)
The governing body, or its designee, shall within a reasonable
time period attempt to remediate any disputed charges.
(c)
If the matter is not resolved to the satisfaction of the applicant,
the applicant may appeal to the County Construction Board of Appeals
any charge to an escrow account or to a deposit by any municipal professional
or consultant.
(d)
An applicant or his authorized agent shall submit the appeal,
in writing, to the County Construction Board of Appeals. The applicant
or his authorized agent shall simultaneously send a copy of the appeal
to the Borough, to the approving authority, and to any professional
whose charge is the subject of the appeal.
(e)
An applicant shall file its appeal within 45 days from receipt
of the informational copy of the professional's voucher, except that
if the professional has not supplied the applicant with an informational
copy of the voucher, then the applicant shall file his appeal within
60 days from receipt of the municipal statement of activity against
the deposit or escrow account.
(f)
An applicant may file an appeal for an ongoing series of charges
by a professional during a period not exceeding six months to demonstrate
that they represent a pattern of excessive or inaccurate charges.
An applicant making use of this provision need not appeal each charge
individually.
(g)
All disputes relating to charges and appeals thereof shall be
in accordance with N.J.S.A. 40:55D-53.2(a).
The fee for preparation of a list of property
owners to be notified of a public hearing shall be $10 or $0.25 a
name, whichever is greater.
The fee for preparation of a tax search or certificate
to determine payment of property taxes shall be $10.
[Amended 8-27-2020 by Ord. No. 20-11]
The fee for publication of the legal notice
indicating the decision of the approving authority shall be $25.
[Amended 5-8-2007 by Ord. No. 07-13; 8-27-2020 by Ord. No. 20-11]
A. All applicants for subdivision, major site plan, or
use variances must supply, at the applicant's own expense, a certified
shorthand reporter for the purpose of recording all hearings on any
application and the preparation of any transcript requested by any
interested party, at such party's expense, on such application. The
transcript need not be prepared except in the event of an application
or hearing which is continued from one Board session to another, or
in the event of any appeal or action in lieu of prerogative writ.
In the event of an application or hearing which extends beyond one
Board meeting, the applicant shall obtain the certified transcript,
and submit three copies of same not later than three calendar days
before the next hearing to the Board Secretary.
B. It shall be the sole responsibility of the applicant
to secure the appearance of the reporter and to ensure that such reporter
preserves the shorthand notes so that a transcript may be prepared
from such notes in the event of an appeal, whether by the applicant
or by any interested party.
C. The Board shall tape record any such proceedings,
as a backup procedure, but the transcript prepared by the certified
shorthand reporter shall be the official record of proceedings.
D. For all other applications, the provision of a certified
shorthand reporter by the applicant shall be optional. Should an applicant
elect to provide such a reporter, the aforesaid provisions shall apply.
Should an applicant not provide a reporter in such event, the tape
recording shall continue to be the official record of proceedings.
Further, in the event of a multiple-session hearing or application,
the applicant must arrange for the production of copies, as aforestated,
at the applicant's expense.
E. In any application for relief, the applicant shall
have the right to request from the Board a waiver of the requirement
that transcripts be produced.
The fee for a zoning permit shall be $10.
[Amended 8-24-2010 by Ord. No. 10-13]
A. The fee
for the Developer's Assistance Package shall be $20. The Developer's
Assistance Package, if obtained electronically from the Borough's
website, shall be at no cost.
[Amended 8-27-2020 by Ord. No. 20-11]
B. The fee
for the Borough Zoning Ordinance booklet, including a copy of the
Zoning Map, shall be $25.
There shall be an annual fee of $10 for the
annual accessory apartment license renewal.
The fee for a public utility, cable television company or local utility registering with the Borough Clerk in order to receive notice pursuant to §
106-9 of this chapter shall be $10.
The fee for conducting outdoor sales of trees, flowers or other decorative or ornamental plants pursuant to §
106-111 of this chapter shall be $10 for limited sales of less than two weeks, and $50 for sales for longer periods of time. A $100 bond is also to be posted with the Borough Clerk to guarantee cleanup and removal of all material within the required time frame.