[Amended 2-10-1997 by Ord. No. 0-1-97; 9-10-1997 by Ord. No. 0-9-97; 12-9-1998 by Ord. No. 0-98-12]
A.
The following fees shall be charged an applicant for
review of an application for development by a municipal agency:
[Amended 4-12-2006 by Ord. No. 0-06-06]
(1)
For each use variance pursuant to N.J.S.A. 40:55D:70d:
Agriculture/Residential Zone, $300; Commercial Zone, $500; Light Industry
Zone, $700; plus review fee deposit as set forth below.
(2)
For each variance pursuant to N.J.S.A. 40:55D:70c
(bulk): $200, plus review fee deposit as set forth below.
[Amended 9-13-2017 by Ord. No. 0-17-09]
(3)
Direction pursuant to N.J.S.A. 40:55D-34 or
40:55D:36 (building lot in bed of mapped street, etc., or not abutting
an improved street) $100, plus review fee deposit as set forth below.
(4)
Conditional use: $500 plus review fee deposit
as set forth below.
(5)
Minor subdivision: $250 per lot created, including the remainder
portion of the original lot, plus review fee deposit as set forth
below.
[Amended 9-13-2017 by Ord. No. 0-17-09]
(6)
Division of farmland: $150 per lot created,
including any one parcel to be retained, plus review fee deposit as
set further below.
(7)
Preliminary major subdivision; $1,500, plus
$75 per lot created, plus review fee deposit as set forth below.
[Amended 9-13-2017 by Ord. No. 0-17-09]
(8)
Final major subdivision: $500 plus $100 per
lot created, plus review fee deposit and inspection fee deposit as
set forth below.
(9)
Tax map revision: Prior to the Board's signing
of a plat or deed to effectuate subdivision, the applicant shall pay
a fee in the amount of $50 per lot created, revised, reconfigured,
or otherwise requiring Tax Map revision, including any one parcel
to be retained.
(10)
Appeals from Planning/Zoning Board to governing
body: $1,000, plus review fee deposit as set forth below.
(11)
Preliminary site plan review: $1,000 plus review
fee deposit and inspection fee deposit as set forth below.
(12)
Final site plan review: $1,000 plus review fee
deposit and inspection fee deposit as set forth below.
(13)
Site plan waiver: $500 plus review fee deposit
as set forth below.
(14)
Temporary use permit: $1 per square foot per
month for any structure or land use granted a temporary use permit,
plus review fee deposit as set forth below.
(15)
Classification of a proposed subdivision: $25,
plus review fee deposit as set forth below.
(16)
Informal review with nonbinding comments (fees for informal
review shall be credited towards fees for application for development):
$225, plus review fee deposit, if applicable, as set forth below.
[Amended 9-13-2017 by Ord. No. 0-17-09]
(18)
Certification of nonconforming structure or
use pursuant to N.J.S.A. 40:55D-68: $100, plus review fee deposit
as set forth below.
(19)
Resubmission or revision of any application:
For any resubmission or revision of a development plan or application,
there shall be paid the same fees and deposits as for a new application,
which shall be in addition to the amounts paid or owed for the original
application and for any previous resubmissions and revisions. Fees
and deposits on account of a revised plan or application shall, at
the discretion of the reviewing agency, not be required for any revision
not necessary for approval but which is requested by the reviewing
agency, nor for any revision not involving any additional costs of
review by professional personnel or hearing expenses.
(20)
Review fee deposit:
(a)
Whenever a review fee is required, the developer
shall deposit with the Municipal Chief Financial Officer, a sum of
money which the Municipal Chief Financial Officer shall, in turn,
deposit in a separate escrow account and carry under the municipality's
trust fund section of accounts on the books of the municipality as
a review fee escrow fund. The amount of money so deposited, exclusive
of all other fees, shall be as follows:
[1]
For major subdivisions at preliminary application
and again at final application, $3,000, plus $200 per lot created,
including the remainder portion of the original lot. At the time of
application for final approval, any amounts remaining on deposit after
the preliminary application review fees have been paid shall be credited
to the deposit for the final approval review fee deposit.
[Amended 9-13-2017 by Ord. No. 0-17-09]
[2]
For minor subdivisions: $1,500 per lot created,
including the remainder portion of the original lot.
[Amended 9-13-2017 by Ord. No. 0-17-09]
[3]
For farmland division: $500 per
first lot, and $100 for each additional lot, including any parcel
to be retained.
[4]
For site plan review: $1,000 per
first acre or part thereof, plus $200, each additional acre or part
thereof.
[5]
For final site plan review: $1,000
per first acre or part thereof, plus $200 for each additional acre
or part thereof.
[6]
For site plan waiver: $500.
[7]
For each variance pursuant to N.J.S.A.
40.55D-70d for a land mine: $2,000 per first acre or part thereof,
plus $250 each additional acre of part thereof. Acreage for the purpose
of computing the fee for a land mine development application shall
include all area within the mandatory buffer area, the buffer area
itself plus any improvements outside the buffer area.
[8]
For each variance pursuant to N.J.S.A.
40:55D-70d other than for a land mine: Agricultural/Residential Zone,
$2,000; Commercial Zone, $2,000; Light Industrial Zone, $2,000; per
first acre or part thereof, plus $150 each additional acre or part
thereof.
[Amended 9-13-2017 by Ord. No. 0-17-09]
[9]
For each variance pursuant to N.J.S.A.
40:55D-70c: $1,500.
[Amended 9-13-2017 by Ord. No. 0-17-09]
[10]
For conditional use: $2,000 per
first acre or part thereof, plus $150 for each additional acre or
part thereof.
[11]
Direction pursuant to N.J.S.A.
40:55D-34 or 40:55D-36 (building lot in bed of mapped street, etc.,
or not abutting an improved street): $500.
[12]
Appeals from Planning/Zoning Board
to governing body: $1,000.
[13]
Temporary use permit: $1,000.
[14]
Classification of a proposed subdivision:
$300.
[15]
Informal review: $1,000.
[Amended 9-13-2017 by Ord. No. 0-17-09]
[16]
Certification of nonconforming
structure or use pursuant to N.J.S.A. 40:55D-68: $500.
(b)
Said fund is to be used to pay the fees of any
professional or technical personnel retained or employed by the Township
to assist in processing, reviewing, making recommendations and testifying
concerning the subject application.
(c)
Within 45 days after the filing of an application
for development, the Planning/Zoning Board shall review said application
for development to determine whether the escrow amount set forth above
is adequate. In conducting such review said Board shall consider the
following criteria:
[1]
The presence or absence of public
water and/or sewer servicing the site.
[2]
Environmental considerations, including
but not limited to geological, hydrological and ecological factors.
[3]
Traffic impact of the proposed
development.
[4]
Impact of the proposed development
on existing aquifer and/or water quality.
[5]
Impact of the proposed development
on off-tract facilities.
[6]
Surface drainage impact on the
site or on surrounding properties of facilities.
(d)
Upon completion of said review and within said
forty-five-day period, the Board shall adopt a resolution specifying
whether the escrow amount specified above is sufficient, excessive
or insufficient. In the event the Board shall determine that said
amount is excessive, it shall in the resolution specify the amount
that shall be deemed sufficient. In the event the Board shall determine
that the amount specified above is insufficient, it shall so specify
and shall further set forth the amount required to be posted in light
of the criteria specified herein. In the event the Board shall determine
that it is appropriate that no escrow be posted, it shall so specify
in its resolution.
(e)
No application for development shall be deemed
complete until such time as the applicant shall have posted with the
Township of South Harrison in cash, certified check or money order
the amount of escrow deposit determined by the Planning/Zoning Board
to be required in accordance with the provisions of this chapter.
(f)
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 or technical services, the applicant
shall increase the fund as determined by the reviewing agency.
(g)
All sums not actually so expended for professional
or technical services shall be refunded to the applicant within 120
days after certification by the Board Chair that said application
has been finally determined. "Finally determined" shall be denial
of preliminary approval; or denial of final approval; or compliance
with all conditions following final approval; or withdrawal of application;
or expiration of approval.
B.
Inspection fees. Prior to final approval of the subdivision
or site plan, the developer shall deposit with the Municipal Chief
Financial Officer, a sum of money which the Municipal Chief Financial
Officer shall, in turn, deposit in a separate escrow account and carry
under the municipality's trust fund section of accounts on the books
of the municipality as an inspection fee escrow fund. The amount of
money so deposited, exclusive of all other fees shall equal 5% of
the cost of all improvements required as a condition of subdivision,
site plan, land mining or earth extraction approval as such cost is
estimated by the Municipal Engineer. However, there shall be a minimum
inspection fee escrow deposit of $500 even though the aforesaid computation
produces a lesser amount, unless there are no improvements required
for the subdivision or site plan approval, in which case there shall
be no inspection fee escrow fund established.
[Amended 4-12-2006 by Ord. No. 0-06-06]
(1)
Said escrow fund shall be used to pay the fees
of professional personnel employed to inspect and approve the construction
of the improvements required for subdivision or site plan approval.
Any excess of funds in the escrow at the time when all improvements
have been finally accepted or approved 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.
(2)
All fees 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 the application is submitted
or the appeal is filed. Said fee shall then be turned over to the
Municipal Chief Financial Officer within 48 hours of receipt.
(3)
Whenever a term is used in this chapter 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 chapter.
(4)
A fee of $2 shall be charged for a copy of this
section (N.J.S.A. 40:55D-8a).
(5)
When an amount of money in excess of $5,000
shall be deposited by an applicant in escrow for review fees or inspection
fees, the Township shall not refund an amount of interest earned on
such deposit which does not exceed $100 per year. If the amount of
interest exceeds $100 per 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, except that the Township
may retain 33 1/3% of such interest for administrative and custodial
expenses.
C.
Lot grading plans.
[Added 12-10-2003 by Ord. No. 0-03-10; amended 6-13-2007 by Ord. No. 0-07-15]
(1)
An application fee of $100 shall be paid for
each individual lot grading or as-built grading plan submitted for
approval to the Construction Code Office.
[Amended 9-13-2017 by Ord. No. 0-17-09]
(2)
A lot grading review and inspection escrow (LGRIE) of $1,500
shall be paid at the time of the application and submission of each
lot grading plan. (This escrow will be for the review, revisions,
and inspections of each lot grading plan and as-built plan submitted.)
This escrow will be tracked by both the Construction Office and the
Township Engineer. If the escrow balance falls below $300, the Township
Engineer and/or the Construction Department will notify the applicant
requesting the posting of additional escrow based on the stage/phase
of work uncompleted.
[Amended 9-13-2017 by Ord. No. 0-17-09]
(3)
Release of the LGRIE will be determined, in
writing, by the Township Engineer, within 30 days after final letter
of approval of the as-built plans and issuance of the final certificate
of occupancy by the Construction Code Official.
