[Adopted 5-17-2004 by Ord. No. 2004-6]
The purpose of this article is to provide for
the establishment of a fee schedule for the payment of fees with respect
to all applications submitted to the Borough pursuant to Borough Development
Regulations.
The following list of applications must be accompanied,
at the time of submission of the application, by the fees and escrow
amounts set forth in the Conventional Applications Fee Schedule, below.
These fees and escrow amounts shall consist of the sum of the following:
A.
In Column A, an administrative fee which is charged
to the applicant to cover the costs associated with the clerical processing
and filing of the application, which fee shall be nonrefundable; and
B.
In Column B, a professional review escrow amount which
shall be deposited into the Professional Review Escrow Account, maintained
by the Municipal Treasurer. The deposit required of the applicant
and deposited into the Professional Review Escrow Account shall cover
the costs associated with the required review of the application by
the Zoning Board of Adjustment or Planning Board's engineer, planner,
and attorney, and for applications submitted pursuant to N.J.S.A.
40:55D-70d, such other professionals as the Zoning Board of Adjustment
may reasonably require, which review shall include a written report
on the application to be submitted to the Board. Prior to drawing
monies out of the Professional Review Escrow Account, each professional
engaged by the Board shall submit an invoice to the Board Chairperson,
or his/her designee for approval. Following conclusion of the hearings
and meetings regarding the application, any unused funds deposited
by an applicant into the Professional Review Escrow Account shall
be refunded to the applicant simultaneously with payment of the invoice
of the Board's professional(s). Upon reimbursement of any unused funds,
an applicant may request an accounting of expended funds and same
will be provided to the applicant within 30 days of a written request
filed with the Board.
|
CONVENTIONAL APPLICATIONS
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|---|---|---|---|---|---|---|
|
Type of Development Application
|
Column A Administrative Fee
|
Column B Professional Review Escrow Amount
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|
1.
|
Minor subdivision
|
$100
|
$400
| |||
|
2.
|
Major subdivision
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|
(A)
|
Preliminary major subdivision
|
$100
|
$-0-
| |||
|
(i)
|
0 to 10 lots
|
$300
|
$50/lot
| |||
|
(ii)
|
11 to 50 lots
|
$500
|
$75/lot
| |||
|
(iii)
|
51 to 250 lots
|
$750
|
$75/lot
| |||
|
(iv)
|
over 250 lots
|
$1,000
|
$75/lot
| |||
|
(B)
|
Final major subdivision
|
$100 + $25/lot
|
$250 + $25/lot
| |||
|
3.
|
Minor site plan
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|
(A)
|
Less than 5,000 sq. ft. of bldg
|
$250
|
$250
| |||
|
(B)
|
Modification of less than 10,000 sq. ft. of
previously site plan
|
$250
|
$500
| |||
|
4.
|
Major site plan:
| |||||
|
(A)
|
(1)
|
Residential preliminary
|
$200
|
$-0-
| ||
|
(i)
|
1 to 10 dwelling units
|
$250
|
$50/unit
| |||
|
(ii)
|
11 to 50 dwelling units
|
$500
|
$75/unit
| |||
|
(iii)
|
51 to 250 dwelling units
|
$750
|
$75/unit
| |||
|
(iv)
|
over 250 dwelling units
|
$1,000
|
$75/unit
| |||
|
(2)
|
Final
|
$100 + $25/unit
|
$250 + $25/unit
| |||
|
(B)
|
(1)
|
Retail preliminary
|
$300
|
$500
| ||
|
(i)
|
Less than 1,001 sq. ft.
|
$25
|
$25
| |||
|
(ii)
|
Less than 501 sq. ft.
|
$75
|
$75
| |||
|
(iii)
|
More than 5,001 sq. ft.
|
$150
|
$ *
| |||
|
(2)
|
Final
|
$100
|
$500
| |||
|
(C)
|
(1)
|
Office preliminary
|
$300
|
$300
| ||
|
(i)
|
Less than 2500 sq. ft.
|
$25
|
$250
| |||
|
(ii)
|
Less than 30,000 sq. ft.
|
$75
|
$1,500
| |||
|
(iii)
|
More than 30,000 sq. ft.
|
$150
|
$ *
| |||
|
(2)
|
Final
|
$100
|
$500
| |||
|
(D)
|
(1)
|
Industrial preliminary
|
$100
|
$500
| ||
|
(i)
|
Less than 10,001 sq. ft.
|
5/1,000 sq. ft.
|
15/1,000 sq. ft.
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|
(ii)
|
More than 10,000 sq. ft.
|
5/1,000 sq. ft.
|
15/1,000 sq. ft.
| |||
|
(2) Final
|
$100
|
$500
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|
(E)
|
Planned retirement community
|
$2,500
|
$ *
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|
(F)
|
Planned development overall plan
|
$2,500
|
$ *
| |||
|
(G)
|
Other planned developments (as defined in N.J.S.A.
40:55D-6)
|
$2,500
|
$ *
| |||
|
5.
|
Planned permits (pursuant to N.J.S.A. 40:55D-34
and 40:55D-35)
|
$100
|
$500
| |||
|
6.
|
Applications for variance as set forth in N.J.S.A.
40:55D-70a, appeal from administrative official or agency.
|
$150
|
$500
| |||
|
7.
|
Conditional use (all conditions satisfied heard
by Planning Board N.J.S.A. 40:55D-67)
|
$250
|
$500
| |||
|
8.
|
Interpretation (pursuant to N.J.S.A. 40:55D-70b)
|
$100
|
$250
| |||
|
9.
|
Informal conceptual review
| |||||
|
(A)
|
Proposed small-scale development (less than
10 acres)
|
$100
|
$500
| |||
|
(B)
|
Proposed large-scale development (more than
10 acres)
|
$100
|
$750
| |||
|
10.
|
Bulk variances (pursuant to N.J.S.A. 40:55D-70c)
| |||||
|
(A)
|
Single or double undersized lot(s) variance
(application involving only 1 lot occupied or to be occupied by only
one single-family dwelling)**
|
$100
|
$500
| |||
|
(B)
|
Application by single or two family homeowner
of single lot for bulk variances (homeowner application involving
remodeling or expansion of existing home)
|
$100
|
$250
| |||
|
*
|
See Complex Application Fee Schedule.
| |
|
**
|
No additional fees or escrow amounts will be
required for other bulk variances which may be required because of
the undersized lot.
|
An applicant may request that a Board professional
schedule additional time, in excess of that covered by the monies
paid into the Professional Review Escrow Account, for review of a
specific application. If the Board professional consents to such a
request, both the applicant and the professional shall sign a consent
form authorizing such additional review. When the additional review
is completed, the professional shall submit an invoice to the Board,
and simultaneously therewith a copy to the applicant, detailing the
number of hours expended for such review, the professional's fee,
and a description of the work performed. Said invoice shall be due
and payable by the applicant prior to memorialization of the Board's
decision on the particular application.
In addition to the administrative fees and professional
review escrow amount set forth in the Conventional Application Fee
Schedule above, additional professional review escrow amounts where
applicable, and in the following amounts shall also be paid by the
applicant.[2]
A.
Required escrow amounts. For development applications
that are deemed to be "complex" applications, as specifically enumerated
and defined below, the applicant shall be required to place into the
Professional Review Escrow Account the amount indicated in the following
schedule. The amount required to be placed into the Professional Review
Escrow Account for a complex application is to cover the costs of
the extra review time provided by the Board's planner, attorney and
engineer due to the complexity of the application. The monies deposited
into the account shall cover up to two hours of meeting and/or consultation
time between the applicant's professional(s) and the Board's professional(s)
and the furnishing of a written report by the Board's professional(s)
on the application. Prior to drawing monies out of the Professional
Review Escrow Account, the Board's professional(s) shall submit an
invoice to the Board Chairperson, or his/her designee for approval.
Following the conclusion of the hearings and meetings regarding the
application, any unused portion of this Professional Review Escrow
Account shall be refunded to the applicant simultaneously with payment
of the Board's professional(s). Upon reimbursement of any unused funds,
an applicant may request an accounting of expended funds, and same
will be provided to the applicant within 30 days of a written request
filed with the Board.
|
COMPLEX APPLICATIONS
| |||||
|---|---|---|---|---|---|
|
Type of Complex Development Application
|
Professional Review Escrow Amount
| ||||
|
1.
|
An application for a new planned development
overall plan approval pursuant to the planned development option
|
$5,000
| |||
|
2.
|
An application for preliminary planned retirement
community
|
$5,000
| |||
|
3.
|
An application for preliminary major site plan
for:
| ||||
|
(A)
|
More than 5,000 sq. ft. of retail space; or
|
$1,000
| |||
|
(B)
|
More than 30,000 sq. ft. of office space
|
$2,500
| |||
B.
Additional amounts: request for additional professional
review. An applicant may request that a Board professional schedule
additional time, in excess of that covered by the monies paid into
the Professional Review Escrow Account, for review of a specific application.
If the Board professional consents to such a request, both the applicant
and the professional shall sign a consent form authorizing such additional
review. When the additional review is completed, the professional
shall submit an invoice to the Board, and simultaneously therewith
a copy to the applicant, detailing the number of hours expended for
such review, the professional's fee, and a description of the work
performed. Said invoice shall be due and payable by the applicant
prior to memorialization of the Board's decision on the particular
application.
On each application for a "d" variance filed
pursuant to N.J.S.A. 40:55D-70d, the applicant shall be required to
post to the Professional Review Escrow Account a minimum amount of
$500. The applicant shall also be required to post such additional
amounts into the Professional Review Escrow Account as may be deemed
to be reasonably required by the Board to appropriately consider the
application. The amounts required pursuant to this section shall be
required to cover the costs of review of the application by the Board's
engineer, planner and attorney as well as the costs of possible review,
in appropriate instances, by "special" professionals, e.g., traffic,
landscaping, and environmental professionals required to review specific
aspects of the application. An applicant shall be notified in writing
when additional amounts to restore the Professional Review Escrow
Account shall become due and payable. Prior to withdrawal of any funds
from this Professional Review Escrow Account, an invoice shall be
submitted to the Board Chairperson or his/her designee, and simultaneously
therewith to the applicant, setting forth the work performed for which
such fees are being requested. Following conclusion of the hearings
and meetings regarding the application, any unused portion of this
Professional Review Escrow Account shall be refunded to the applicant
simultaneously with payment of the Board's professional(s). Upon reimbursement
of any unused funds, an applicant may request an accounting of expended
funds, and same will be provided to the applicant within 30 days of
a written request filed with the Board.
A.
Special professional meeting. Any applicant for development
may request that a special meeting be scheduled between the applicant
and its professionals and the Board's planner, engineer and attorney.
Such meeting shall be scheduled upon request of the applicant and
at the discretion of the Chairperson or Board attorney. If the request
is directed to the Board attorney, the attorney shall notify the Chairperson,
in writing, of the scheduled time and place of the meeting. The applicant
shall post $1,500 for such a meeting, which professional review escrow
amount shall provide for a meeting of one hour, and shall be deemed
to include, for purposes of calculating the time of the Board's professionals,
1/2 hour of preparation time and 1/2 hour of post meeting time. Said
professional review escrow amount shall be posted by the applicant
prior to or at the commencement of the meeting.
B.
Special Planning Board or Zoning Board of Adjustment
meeting. Any applicant may request that a special meeting of a Board
be scheduled and devoted exclusively to a single application. Such
meeting shall be scheduled upon request of the applicant and at the
discretion of either the Board Chairperson or his/her designee. Such
special meeting shall be of no more than a three-hour duration. The
time of the Board's professionals required to prepare for and follow
up after such special meeting shall be charged against such Professional
Review Escrow Account. The professional review escrow amount for such
a meeting shall be $3,000. The professional review escrow amount shall
be posted by the applicant prior to or at the commencement of the
special meeting. If such a meeting shall, by agreement of the Board
and the applicant, extend beyond the three-hour meeting time allotted,
the applicant shall deposit any additional funds into the Professional
Review Escrow Account which may be required to cover the costs of
the additional time expended by the Board's professionals for such
an extended meeting. All such additional amounts shall be paid by
applicant promptly after the meeting.
C.
Where an application for development includes several
approval requests, the sum of the individual required fees shall be
paid, except that there shall be no cumulative fees charged to an
applicant for individual bulk variances which may be part of a "d"
variance application.
A.
The Board, when acting upon applications, shall have
the power, for good cause shown, to grant a remission or waiver from
all or any portion of the fee schedules hereinabove established based
upon any of the following: (1) the nonprofit status of the applicant;
(2) a determination that collection of the fees would constitute an
economic hardship upon the applicant; (3) the unique characteristics
of the application, making collection of the full fee substantially
disproportionate to the regulatory costs applicable to reviewing the
application; or (4) for other good cause established in the record.
B.
The fees set forth in the aforementioned schedules
are exclusive of any other charges which may be required by the Borough
to cover the costs of the furnishing of copies, ordinances, list of
property owners, or transcripts, or the inspection of buildings or
improvements in conjunction with the issuance of construction permits
or certificates of occupancy.
C.
In the event that any fees paid by an applicant into
the Professional Review Escrow Account shall exceed $5,000, such applicant's
account shall be placed into an interest-bearing trust account in
conformance with the requirements of N.J.S.A. 40:55D-53.1. The applicant
shall be notified, in writing, of the institution in which the deposit
has been made and the amount of such deposit. Any interest earned
on the account shall be applied in accordance with the provisions
of N.J.S.A. 40:55D-53.1. The Board shall keep records of all application
fees paid in accordance with generally accepted accounting principles.
The fees for all professional reviews of an application shall be charged
to the applicant at the same rate and in the same manner as that charged
by the professional to the Borough.
This amendatory act shall apply to any action
initiated on or after the effective date of this article or any action
filed on or after the effective date hereof before the Planning Board
or Zoning Board of Adjustment of the Borough of Pemberton.
