[Amended by Ord. No. 12-1987]
All fees as hereinafter required shall be payable
to the administrative officer at the time of filing any application
for development; provided, however, that fees required for matters
relating to the Township Council shall be payable to the Township
Clerk. All permits, determinations, resolutions or certificates of
approval are subject to the payment of all fees provided for in this
chapter and no approvals shall be given by the approving authority
until proof has been submitted to it that the requisite fees have,
in fact, been paid to the administrative officer. Furthermore, the
applicant must submit proof that no taxes or assessments for local
improvements are due or delinquent on the property before the approving
authority may act on his application.
[Amended by Ord. No. 27-1989; Ord. No. 7-1992;
Ord. No. 6-1995]
There is hereby established in connection with
the various applications for development and other matters which are
the subject of this chapter the following schedule of fees. Every
applicant for development shall file with his application a filing
fee as indicated in the following schedule under "Filing Fees" in
addition to technical review fees as indicated in the following schedule
under "Technical Review Fees." All filing fees submitted to the administrative
officer as herein required shall be nonrefundable.
A. Filing fees. An application to the Planning Board
or Zoning Board of Adjustment for any application for development
shall be accompanied by a filing fee which shall be used to defray
the administrative costs of processing the application as follows:
[Amended 4-18-2005 by Ord. No. 10-2005]
(1) Subdivisions.
(a)
Concept plan of a minor subdivision: $50, which
shall be a credit toward fees required to be filed for technical review
escrow deposits hereinafter set forth in this article.
(b)
Concept plan of a major subdivision: $50 for
each lot within the subdivision, with a minimum fee of $500, which
shall be a credit toward fees required to be filed for technical review
escrow deposits hereinafter set forth in this article.
(c)
Minor subdivisions or resubdivisions: $300,
plus $50 for each lot within the subdivision.
(d)
Preliminary plat of a major subdivision: $1,000,
plus $100 for each lot within the subdivision.
(e)
Final plat of a major subdivision: $500, plus
$50 for each lot approved within the subdivision.
(f)
Amendments to approved plats: 50% of original
application fee.
(g)
Lot line adjustment: $300.
[Added 6-7-2010 by Ord. No. 23-2010]
(2) Site plans.
(a)
Concept plan which would require a zone change:
$5,000.
(b)
All other concept site plans: $500.
(c)
Preliminary site plan: $2,000, plus $200 per
housing unit (residential); $2,000, plus $200 for the first 10 acres
(or portion thereof), any additional acreage: $50 per acre of lot
area or fraction thereof, plus $100 per 1,000 square feet of building
area (or portion thereof) (nonresidential).
[Amended 7-9-2007 by Ord. No. 24-2007]
(e)
Final site plan: 75% of the fee required for preliminary site plan as set forth in Subsection
A(2)(c) above.
(f)
Amendments to approved site plans: 50% of original
application fee.
[Added 3-19-2007 by Ord. No. 3-2007]
(g)
Minor site plan: $500.
[Added 3-19-2007 by Ord. No. 3-2007]
(3) Variances and appeals.
(a)
Administrative appeals. Hear and decide administrative
appeals pursuant to N.J.S.A. 40:55D-70a: $200.
(b)
Interpretation of zoning regulations. Hear and
decide interpretations of zoning regulations pursuant to N.J.S.A.
40:55D-70b: $200.
(c)
Bulk variances. Hear and decide any application
filed pursuant to N.J.S.A. 40:55D-70c: $200 for each single-family
residential property; $500 for first variance for all other applications
and $250 for each additional variance.
(d)
Use variances. Hear and decide any application
for a use variance filed pursuant to N.J.S.A. 40:55D-70d: $500 for
a single-family residential project and $1,000 for all others.
(e)
Any site plan processed by the Planning Board
requiring variances and any use variance processed by the Board of
Adjustment requiring site plan approval shall pay a filing fee that
equals the collective fees listed above for site plan and variances.
(5) Livingston Center Redevelopment Plan deviation or
interpretation: first request $200 and each additional request $100.
[Added 5-5-2008 by Ord. No. 9-2008]
(6) Application
for certificate of nonconformity: $300.
[Added 11-2-2009 by Ord. No. 33-2009]
B. Technical review escrow deposits. In addition to the
filing fees or any other fees required in this article, an applicant
may be required to file with the administrative officer an escrow
deposit fee of adequate funds to cover the costs incurred for the
technical review of the application by a professional other than the
Township Planning Director and Township Engineer, such as the Township
Planning Consultant, Planning Board Attorney or any other professional
consultant, if the Board determines that such technical review services
are necessary for proper consideration of the application. The administrative
officer shall place all such deposits in an escrow account in the
name of the applicant and shall charge against such account all disbursements
in connection with the costs referred to above. Technical review fees
shall be calculated in accordance with the actual time required for
review at rates established by a schedule of professional fees filed
annually with the administrative officer, which schedule shall be
maintained in the office of the Township Clerk for public inspection.
If such technical review services are determined to be necessary,
the applicant shall pay to the Township an initial deposit for technical
review fees in accordance with the following schedule:
[Amended 4-18-2005 by Ord. No. 10-2005]
(1) Subdivisions.
(a)
Concept plan: $1,000 for each lot within the
subdivision.
(b)
Minor subdivision or resubdivision: $1,000.
(c)
Preliminary plat of a major subdivision: $2,000,
plus $200 for each lot within the proposed subdivision.
(d)
Final plat of a major subdivision: $1,000.
(e)
Lot line adjustment: $500.
[Added 6-7-2010 by Ord. No. 23-2010]
(2) Site plans.
(b)
Preliminary site plan: $2,000, plus $200 per
housing unit (residential); $2,000, plus $200 per lot acre (or portion
thereof up to 10 acres), plus $50 per lot acre (or portion thereof
above 10 acres), plus $100 per 1,000 square feet of building area
(or portion thereof) (nonresidential).
[Amended 6-7-2010 by Ord. No. 23-2010]
(c)
Final site plan: 75% of preliminary site plan
escrow deposit.
(d)
If an applicant submits a preliminary and final site plan to be processed simultaneously, the applicant must file the appropriate fees as set forth in Subsection
B(2)(b) and
(c) of this section.
(e)
Minor site plan: $1,500.
[Added 3-19-2007 by Ord. No. 3-2007;
amended 6-7-2010 by Ord. No. 23-2010]
(3) Conditional use.
[Amended 6-7-2010 by Ord. No. 23-2010]
(a)
A conditional use application: $1,000.
(4) Variances and appeals.
[Amended 6-7-2010 by Ord. No. 23-2010]
(a)
Applications pursuant to N.J.S.A. 40:55D-70(a),
(b) and (c): $1,000 (nonresidential only).
(b)
Use variance application pursuant to N.J.S.A.
40:55D-70d: $1,500 (residential); $2,500 (nonresidential).
(5) Livingston Center Redevelopment Plan.
[Added 5-5-2008 by Ord. No. 9-2008]
(a)
Deviation or interpretation: $150.
(6) Nonconforming
use: $500
[Added 11-2-2009 by Ord. No. 33-2009]
C. Administration of technical review deposit fees.
(1) Each technical review escrow deposit shall be held
by the Township in a trust account separate from the general funds
of the Township.
(2) In the event that the funds in the escrow account
should become depleted prior to the completion of the application
procedure and additional funds are necessary to cover the cost of
processing said application, the applicant shall deposit additional
funds as determined by the Board which will be required to complete
the application process; provided, however, that said additional funds
shall not be less than 50% of the initial escrow deposit amount. In
order to expedite the processing of applications by the Township agency,
the administrative officer shall notify the applicant immediately
upon the depletion of funds in the escrow account or as soon as insufficiency
of funds becomes evident or is expected.
(3) The Township agency shall not process and/or take
action on the application unless all fees and deposits required in
the manner described above shall have been paid by the applicant.
(4) All vouchers submitted to a Township agency by the
Planning Consultant, Board Attorney or other professionals containing
charges to be applied to an escrow account authorized and established
pursuant to this section shall specify the services performed in relation
to individually identified applications for which the charges have
been made, the hours spent, the hourly rate and the expenses incurred.
(5) Unit charges (i.e., per diem or hourly fees, inspection
or expert testimony charges) levied by the Planning Consultant, Board
Attorney or other professionals for services applied to an escrow
account authorized and approved pursuant to this section may not exceed
those unit charges contracted for and/or approved by the Township
agency for services by said professionals.
(6) Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the Township for technical review deposits pursuant to this article, said money, until repaid or applied to the purposes for which it is 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 in escrow. All interest earned and paid to the applicant shall be in conformance with Chapter
316 of the Laws of 1985 (N.J.S.A. 40:14B-20.1.).
(7) Any of the funds remaining in the escrow account upon completion of the application procedure, as well as any interest he may be entitled to pursuant to Chapter
316 of the Laws of 1985 (N.J.S.A. 40:14B.20.1), shall be returned to the applicant, and the account shall be terminated.
(8) The developer shall be provided with a written final
accounting on the uses to which the deposit was put. Thereafter, the
developer shall, upon written request, be provided with copies of
the vouchers.
D. Governing body decision. A copy of the decision of
the governing body to an interested party in connection with an appeal
pursuant to Section 16-53 this chapter: $10.
E. Publication of decision. Publication in a newspaper
of general circulation of a decision of the Township Council on an
appeal as set forth in Section 16-55 of this chapter: the cost of
publication.
F. Certification of subdivision approval. Certificate
of subdivision approval pursuant to N.J.S.A. 40:55D-56: fees as set
forth in N.J.S.A. 54:5-14 and 54:5-15.
G. Certification of deed description. Certification of
a deed description pursuant to N.J.S.A. 40:55D-47: $25.
H. Certificate of occupancy. Certificates of occupancy:
as specified by the Uniform Construction Code in § 110-7F
of the Code of the Township of Livingston.
I. Signs: as specified by the Uniform Construction Code
in § 110-7E of the Code of the Township of Livingston.
J. Zoning review fees.
[Amended 3-23-2009 by Ord. No. 10-2009]
(2) Zoning
review fee for including but not limited to new homes, additions,
pools, sports/tennis courts and decks: $120.
(3) Other: $140.
[Added 2-22-2016 by Ord.
No. 9-2016]
(4) Zoning permit: $140.
[Added 2-22-2016 by Ord.
No. 9-2016]
(5) Zoning confirmation letters: $75.
[Added 2-22-2016 by Ord.
No. 9-2016]
(6) Re-review
fee of $140 for every time an application must be reviewed starting
with the third re-review and every re-review thereafter.
[Added 3-13-2019 by Ord. No. 4-2019]
K. Transcripts. Copies, duplicates or transcript of record
of proceedings furnished to an interested party pursuant to P.L. 1975,
c. 291, Section 6f (N.J.S.A. 40:55D-10f): $0.40 for each folio of
original and $0.10 for each of the copies or the maximum permitted
by N.J.S.A. 2A:11-15, whichever is the greater.
L. Appeals to the governing body. Any appeal to the governing
body shall be accompanied by a fee of $30. The applicant shall furnish
11 copies of the transcript of the hearing record before the approving
authority.
M. Inspection fees for required improvements. Applicants,
as indicated below, upon approval from the Livingston Planning Board
or Livingston Zoning Board of Adjustment, shall be required to reimburse
the Township for the cost of inspections by the Township Engineer
and any experts and consultants retained by the Township at the hourly
rates determined by the Township from time to time and pursuant to
N.J.S.A. 40:55D-53.2. The applicant will be required to deposit with
the Township an escrow to be used against the cost incurred in performing
inspections. After a final determination has been made as to the application,
any unused escrow amounts will be returned to the applicant pursuant
to N.J.S.A. 40:55D-53.1, with an itemization of all charges withdrawn
from the escrow.
[Amended 6-7-2010 by Ord. No. 23-2010]
(1) The escrow will be the greater of $500 or 5% of the
cost of installing the improvements.
N. Construction permits. Construction permits shall be specified by the Uniform Construction Code in §
110-7A of the Code of the Township of Livingston.
[Amended 3-15-2010 by Ord. No. 9-2010; 6-7-2010 by Ord. No.
23-2010; 12-7-2020 by Ord. No. 20-2020]
O. Township projects exempted. Notwithstanding anything
herein to the contrary, land use and development by the Township of
Livingston is not subject to requirements relating to fees and posting
of bonds otherwise required hereunder.
P. List of property owners. List of property owners from
current tax duplicate pursuant to P.L. 1975, c. 291, Section 7.1e
(N.J.S.A. 40:55D-12c): $0.25 per name or $10, whichever is greater.
Q. Planning Board decision. A copy of the decision of
the Planning Board on any application for development pursuant to
N.J.S.A. 40:55D-10h: $1 per sheet.
R. Special meeting fee.
[Added 1-28-2008 by Ord. No. 2-2008]
(1) Once a request for a special meeting is granted by
either the Planning Board or the Zoning Board of Adjustment, the applicant
shall pay a flat fee of $2,000 for the special meeting.
(2) This fee must be paid no later than 48 hours before
the hearing date.
(3) This fee is nonrefundable.
(4) Escrow funding will continue to be stipulated in accordance with §
170-52 of this chapter.
S. Address
change filing fee: $125.
[Added 3-1-2010 by Ord. No. 4-2010]
T. Flat fees for extending the resolution of approval: $250.
[Added 2-22-2016 by Ord.
No. 8-2016]