[Amended 8-3-1992 by Ord. No. 1992-6]
A. The Zoning Officer shall administer and enforce the
zoning provisions of this chapter and shall be responsible for issuing
zoning permits. No zoning permit shall be issued unless the proposal
complies with this chapter, including the floodplain regulations.
A zoning permit shall be issued prior to the issuance of a construction
permit by the Construction Official.
B. No certificate of occupancy for a new use of an existing
structure shall be issued unless there is an approved zoning permit.
All changes in occupancy of an existing structure which do not involve
residential uses shall require a zoning permit which shall certify
that the use complies with the zoning laws of the Township. Prior
to the issuance of a zoning permit for a change in occupancy, the
Construction Official, shall issue a certificate of continued occupancy
which certifies that the building, structure and premises conform
with the Uniform Construction Code of the State of New Jersey.
C. It shall be the duty of the Zoning Officer, with the
advice of the Township Engineer, to enforce the provisions of subdivision
and site plan approvals.
D. A zoning permit shall be issued or denied within 10
working days of the date of a complete submission, and the work shall
be commenced within 90 days after the issuance of the permit; otherwise,
the permit shall be void.
[Added 4-18-1994 by Ord. No. 1994-7;
amended 7-6-2004 by Ord. No. 2004-24]
[Amended 5-4-1987 by Ord. No. 1987-9; 7-5-1988 by Ord. No.
1988-14; 4-17-1989 by Ord. No. 1989-6; 8-3-1992 by Ord. No.
1992-6]
A. Obligation to pay application fees and professional and consulting fees incurred during the course of review. Applicants submitting the applications set forth herein shall pay such application and escrow fees as are due and all reasonable costs for professional services, including engineering, legal, planning and other, incurred by the Township in connection with the review and approval by the Land Development Board, including review by any advisory Township committee or commission, such as the Historic Preservation Commission, of the applications set forth herein or by the Township Committee of any aspect thereof, including an appeal or a concept plan by such board and review to assure that the conditions of approval have been satisfied. Such professional and consulting services may be rendered by Township employees or consultants retained by the Township on a general basis or retained specially for an application by the board having jurisdiction or the Township. In conjunction with payment of such professional and consulting fees, the applicant shall make an escrow deposit in the amount and manner set forth herein and shall execute an agreement in a form provided by the Township obligating itself to pay such fees. The application fee is a flat fee to cover direct administrative expenses and is nonrefundable. In addition, any person proposing to submit an application, who first consults with the Township's Technical Advisory Committee (TAC), shall be required to pay for the services of the Township's administrative and professional staff, in an amount determined in accordance with the provisions of §
130-11 of this chapter.
[Amended 11-21-1994 by Ord. No. 1994-20; 1-20-2004 by Ord. No. 2004-1]
B. Fees and escrow deposits. Applicable fees are detailed in the universal fee chart located in §
18-2, reference number 20, of the Code of the Township of Lumberton.
[Amended 3-4-2008 by Ord. No. 2008-2; 12-5-2019 by Ord. No. 2019-17]
C. Inspection fees. Applicable fees are detailed in the universal fee chart located in §
18-2, reference number 21, of the Code of the Township of Lumberton.
[Amended 11-21-1994 by Ord. No. 1994-20; 12-5-2019 by Ord. No. 2019-17]
D. Miscellaneous.
(1) If final total square footage is unknown, fees and
escrows shall be based upon the maximum floor area permitted under
Township zoning ordinances.
(2) For site plans involving expansion, additions and
modifications of existing buildings, fees and escrow deposits shall
be calculated on the area of the expansion, addition or modification
only.
(3) Development review fees for either subdivision or
site plan applications may be proportioned to stages of submittals
as approved by the Land Development Board.
[Amended 1-20-2004 by Ord. No. 2004-1]
(4) Unexpended escrow deposits for sketch plats and concept
plans shall be credited against escrow deposits due upon the filing
of an application for development.
E. Escrow deposits.
(1) Within 45 days after the filing of an application
for development, the appropriate board's designated official shall
review the application to determine whether the escrow amounts set
forth are adequate, including whether escrow fees should be charged
for applications for which the escrow deposit is listed as "None Required."
In conducting such review, the following criteria shall be considered:
(a)
The presence or absence of public water or sewer
servicing the site.
(b)
Environmental considerations, including but
not limited to geological, hydrological and ecological factors.
(c)
The traffic impact of the proposed development.
(d)
The impact of the proposed development on the
existing aquifer or water quality.
(e)
The impact on improvements which might require
off-tract or off-site contributions agreements.
(f)
The impact on open space, landscaping, woodlands
and the like.
(2) If additional sums are deemed necessary, the applicant
shall be notified of the required additional amount and shall add
such sum to the escrow within 10 days of receipt of such notice for
additional sums. Each applicant shall, prior to the application being
deemed complete, submit to the Chief Financial Officer in cash or
by certified check or money order the amount of additional escrow
deposit determined by the appropriate Board's designated official
to be due in accordance with this subsection and shall complete all
forms as required by the appropriate Board's designated official.
The Board having jurisdiction may make the continued current payment
of all escrow fees due and to be due from the applicant under this
chapter a condition of the approval of any application.
(3) Where the amount of the escrow deposit exceeds $5,000,
the money, until repaid or applied to the purposes for which it is
deposited, including the applicant's portion of the interest earned
thereon, except as otherwise provided herein, shall continue to be
the property of the applicant and should be held in trust by the Township.
Money deposited shall be held in escrow. The Township shall deposit
said moneys in an approved lending or banking institution, in an account
bearing interest at the minimum rate currently paid by the institution
or depository on time or savings deposits. The Township shall notify
the applicant, in writing, of the name and address of the institution
or depository in which the 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, that entire amount shall belong to
the applicant and shall be refunded to him 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; except that the Township
may retain for administrative expenses a sum equivalent to no more
than thirty-three and one-third percent (33 1/3%) of that entire
amount, which shall be in lieu of all other administrative and custodial
expenses. In addition, all payments charged to the deposit shall be
pursuant to vouchers from the Township's professionals stating the
hours spent, the hourly rate and the expenses incurred. The municipality
shall render a final accounting to the developer on the uses to which
the deposit was put. Thereafter the municipality shall, upon written
request, provide copies of the vouchers to the developer. The charge
to the deposit shall be at the same rate as all other work of the
same nature by the professional for the municipality.
[Added 11-21-1994 by Ord. No. 1994-20]
F. Payment of additional fees incurred during the course
of review for which escrow deposit is insufficient. Upon the funds
in the escrow account being reduced to 30% of the amount initially
deposited, the appropriate Board's designated official shall, after
notification by the Chief Financial Officer, forthwith bill the applicant
for any charges for professional services, it being the intent of
this subsection that such 30% be retained in the escrow account until
any refunds are due. The appropriate Board's designated official shall
also bill the applicant forthwith for any professional services covered
by this section, whether or not funds have been refunded pursuant
to this chapter. Payment is due within 15 days of receipt of such
bill.
G. Failure to pay amount due.
(1) If the applicant has failed to pay any amounts due
under this chapter, the Township may:
(a)
Stop construction until such amounts and penalties
equal to an interest payment on unpaid bills of 1 1/2% per month,
plus Township legal fees and collections charges necessary to collect
any unpaid bills, are paid.
(b)
Deny the issuance of any construction permits
or certificates of occupancy if such amounts are due and payable.
(c)
Deem any approval conditioned by the Board having
jurisdiction on the applicant's payment of any amounts under this
chapter to be null and void as though the Board having jurisdiction
had denied such application on the date of conditional approval.
(d)
Through the Board having jurisdiction, deny
the application.
(2) In addition, all escrow charges which are due and
owing shall become a lien on the premises with respect to which said
charges are required and shall remain so until paid. Said overdue
charges shall accrue the same interest from time to time as taxes
upon real estate in the Township. The Township shall have the same
remedies for the collection thereof with interest, costs and penalties
as it has by law for the collection of taxes upon real estate. The
applicant shall be responsible for all costs of collection of unpaid
escrow fees, including attorneys fees at standard rates, and all costs.
(3) The Board having jurisdiction may deny the application
if the applicant has failed to pay any amounts due under this chapter.
(4) In addition, no plat or site plan shall be signed
nor shall any zoning permits, building permits, certificates of occupancy
or any other types of permits be issued with respect to any approved
application for development until all bills for reimbursable services,
whether same be for escrows or inspection fees, have been received
by the Township from professional personnel rendering services in
connection with such application and payment has been approved by
the governing body, unless the applicant shall have deposited with
the Municipal Clerk an amount, agreed upon by the applicant and the
municipal agency, likely to be sufficient to cover all reimbursable
items; and upon posting said deposit with the Municipal Clerk, the
appropriate maps or permits may be signed and released or issued to
the developer. If the amount of the deposit exceeds the actual cost
as approved for payment by the governing body, the developer shall
be entitled to a return of the excess deposit, together with such
interest as allowed by N.J.S.A. 40:55D-53.1; but if the charges submitted
and approved by the governing body exceed the amount of the deposit,
the developer shall be liable for payment of such deficiency, and,
again, no zoning or building permits, certificates of occupancy or
other permits shall be issued until said deficiency is satisfied.
[Added 11-21-1994 by Ord. No. 1994-20]
H. Unexpended escrow funds. All unexpended escrow funds
shall be refunded to the applicant within a reasonable time after
the last construction permit is issued or such earlier time as the
Chief Financial Officer certifies that all professional services to
be paid by escrow funds have been completed and billed. The refunding
process will be in accordance with the guidelines and procedures established
by the Division of Local Government in effect at that time. In no
event, however, shall the application fees required pursuant to this
section be refunded.
I. Fee for inspection of constructive improvements. Each
applicant shall pay all reasonable costs (including overtime charged
by any professional) for the municipal inspection of the constructed
site and off-site improvements for improvements not otherwise inspected
pursuant to the Uniform Construction Code, which inspection fee shall be calculated in accordance with Subsection
E(3), as to professional fees, and §
130-11 as to municipal administrative fees; and the applicant shall execute an agreement in a form provided by the Township obligating itself to make said payments. An escrow fund will be established with the Township before construction begins, and such fund shall be used to pay the fee and costs of professional and administrative services employed by the Township to inspect the construction.
[Amended 11-21-1994 by Ord. No. 1994-20]
J. Deposit of escrow funds. The Chief Financial Officer
shall deposit all escrow funds in accordance with N.J.S.A. 40:55D-53.1,
or any amendments or supplements thereto, and shall charge the administration
fee permitted thereunder to defray the cost of administering said
account.
The approving authority shall hold a public
hearing on each application for development, except that minor and
exempt subdivisions and site plans shall not require a hearing unless
a variance or conditional use is part of the application. All public
hearings shall follow the requirements of the Municipal Land Use Law.