[Added 5-20-1986 by Ord. No. O:86-12]
As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATIVE OFFICER
The Planning Board Secretary or Board of Adjustment[1] Secretary.
APPROVING AGENCY
The board or municipal agency authorized to approve applications for development, including the granting of variances.
IMPROVEMENTS
On-site and off-site grading, paving, monumenting, drainage, structures (except primary and accessory buildings are excludable), storm sewers, sanitary sewers, water mains, fire protection features, streets, parking areas, gutters, sidewalks, culverts, streetlighting, shade trees, landscaping, street signs, sedimentation and erosion control devices and public improvements of open space.
[1]
Editor's Note: Ordinance No. O:2014-09, adopted 4-1-2014, dissolved the Zoning Board of Adjustment and vested the Planning Board with the powers and duties and functions of the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-25(c)(1).
[Amended 7-1-2014 by Ord. No. O:2014-17; 9-25-2024 by Ord. No. O:2024-24]
The following fees shall be paid in accordance with the fee schedule, as provided below:
A. 
Minor site plan lot size < 5,000 sq. ft. (total lot(s) area): $365.
B. 
Minor site plan lot size > 5,000 sq. ft. (total lot(s) area) + $500 per each additional 1,000 sq. ft. of improved building area (need to pick one option) with a max of $15,000: $1,200.
C. 
Major/conventional preliminary site plan lot size < 5,000 sq. ft. (total lot(s) area): $900.
D. 
Major/conventional preliminary site plan lot size > 5,000 sq. ft. (total lot(s) area) + $500 per each additional 1,000 sq. ft. of improved building area (need to pick one option) with a max of $15,000: $5,000.
E. 
As-built site plan: $425.
F. 
Site plan resubmission: $425.
G. 
Property owner's list: $10.
H. 
Extension of preliminary approval: $600.
I. 
Application for site plan exemption lot size < 5,000 sq. ft. (total lot(s) area): $200.
J. 
Application for site plan exemption lot size > 5,000 sq. ft. (total lot(s) area) + $500 per each additional 1,000 sq. ft. of improved building area (need to pick one option) with a max of $15,000: $750.
[Added 10-4-2005 by Ord. No. O:2005-35]
Applicants for a major subdivision may be required to pay for any and all revisions required to the Tax Map as a result of a major subdivision application being approved.
A. 
In addition to the required nonrefundable application fees established as part of this chapter, the applicant shall be required to establish one or more escrow accounts with the Town of Phillipsburg, to cover professional review and consultation fees and services associated with the review and processing of the applicant's application. Said escrow fees shall be required for all applications for approval of preliminary and final site plans, preliminary and final subdivisions, planned developments and variances of any type.
B. 
At the time of submitting an application to the administrative officer for site plan or subdivision review, before either the Board of Adjustment[1] or Planning Board, the applicant shall be required to make a deposit to the escrow account as hereinafter provided and execute an escrow agreement. The escrow agreement shall be in a form approved by the Planning Board Attorney or Attorney for the Board of Adjustment. All fees and escrow deposits must be paid prior to certification by the administrative officer that the application is complete. In the event that the amounts required to be posted by this chapter are not sufficient to cover the Town's professional charges associated with this application, the Planning Board or the Board of Adjustment shall request additional escrow funds.
[1]
Editor's Note: Ordinance No. O:2014-09, adopted 4-1-2014, dissolved the Zoning Board of Adjustment and vested the Planning Board with the powers and duties and functions of the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-25(c)(1).
C. 
Following approval of a major subdivision or site plan and prior to commencement of construction, the applicant shall be required to make a further deposit to the escrow account to provide sufficient escrow to pay for anticipated inspection fees and any anticipated additional professional review services.
D. 
The municipal finance officer shall monthly advise the administrative officer of the balance of all escrow accounts and whether additional funds are required as provided for hereinafter. In the event that additional funds are required, it shall be the obligation of the administrative officer to notify the applicant of the amounts required as additional escrow, and in the event that there is a refusal or failure to make the payments required, the administrative officer shall notify the approving authority. In the event that the additional fees are not paid, the Planning Board, Board of Adjustment[2] or municipal professionals and consultants shall take no further action on the application until such time as the additional fees have been paid.
[2]
Editor's Note: Ordinance No. O:2014-09, adopted 4-1-2014, dissolved the Zoning Board of Adjustment and vested the Planning Board with the powers and duties and functions of the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-25(c)(1).
[Amended 9-25-2024 by Ord. No. O:2024-24]
The following escrow amounts shall apply to subdivision review:
A. 
Lot line adjustment not creating an additional building lot: $365.
B. 
Minor subdivision creating one or more new lots < 5,000 sq. ft. (total lot(s) area): $485.
C. 
Minor subdivision creating one or more new lots > 5,000 sq. ft. (total lot(s) area) + $250 per each additional 1,000 sq. ft. of lot area with a max of $15,000: $2,500.
D. 
Major subdivision preliminary creating one or more new lots < 5,000 sq. ft. (total lot(s) area): $600.
E. 
Major subdivision preliminary creating one or more new lots > 5,000 sq. ft. (total lot(s) area) + $500 per each additional 1,000 sq. ft. of lot area with a max of $15,000: $5,000.
F. 
Major subdivision Final creating one or more new lots < 5,000 sq. ft. (total lot(s) area): $600.
G. 
Major subdivision Final creating one or more new lots > 5,000 sq. ft. (total lot(s) area) + $500 per each additional 1,000 sq. ft. of lot area with a max of $15,000: $5,000.
H. 
Sketch plan for major subdivision: $600.
I. 
Preliminary plat for major subdivision.
(1) 
Less than 10 lots (plus $100/lot): $900;
(2) 
10 lots or more (plus $100/lot): $1,800.
J. 
Final plat for major subdivision:
(1) 
Less than 10 lots (plus $100/lot): $900;
(2) 
10 lots or more (plus $100/lot): $1,500.
K. 
Resubmission: $900.
L. 
Property owner's list: $10.
M. 
Extension of preliminary approval (plus $100/lot): $1,000.
N. 
Site plan waiver and/or change of use request: $225.
O. 
For submission of a sketch plat or boundary line change or merger of portions of adjoining properties where engineering review by the Planning Board Engineer is required: $225.
P. 
Lot line adjustment not creating an additional building lot: $300.
Q. 
Special meeting: $1,500.
R. 
Informal review: $300.
[Added 9-25-2024 by Ord. No. O:2024-24]
The following fees shall apply to the situations listed herein below:
A. 
Planning permits: $600.
B. 
Conditional use permit: $420.
C. 
Zoning appeal: $420.
D. 
Zoning Ordinance/Zoning Map interpretation: $420.
E. 
Bulk variance: $420.
F. 
Use variance: $900.
G. 
All other categories of Board of Adjustment applications: $600.
H. 
Extension of variance approval: $400.
I. 
Appeals pursuant to N.J.S.A. 40:55D-70a: $900.
J. 
Appeals pursuant to N.J.S.A. 40:55D-70b: $900.
K. 
Appeals pursuant to N.J.S.A. 40:55D-70c: $900.
(1) 
Bulk or hardship variance: $600;
(2) 
For an improved residentially zoned lot, a review deposit shall be paid: $600.
(3) 
For an unimproved residentially zoned lot, a review deposit shall be paid: $1,200.
(4) 
For a commercially zoned lot, whether improved or unimproved, a review deposit fee: $1,800.
(5) 
For an industrial zoned lot, whether improved or unimproved, a review deposit fee: $1,800.
[Added 9-25-2024 by Ord. No. O:2024-24]
The following escrow amount shall apply as follows:
A. 
For submission of a sketch plat or boundary line change or merger of portions of adjoining properties where engineering review by the Planning Board Engineer is required: $600.
B. 
Preliminary site plan: $5,500.
(1) 
Light industry/warehouse (Plus $500/1,000 sq. ft. - $1 per square foot).
(2) 
Retail/office (Plus $500/1,000 sq. ft. - $1 per square foot).
(3) 
Multifamily (Plus $1,000 per unit).
(4) 
Others (Plus $500/1,000 sq. ft. or $500 per unit).
C. 
Final site plan: $5,000.
D. 
Minor subdivision: $2,000.
(1) 
Lot line adjustment (no new building lots): $2,000.
(2) 
Minor subdivision (1 or more new lots); $2,000.
E. 
Conventional/major subdivision: $5,000.
(1) 
Sketch plat for major subdivision (plus $300/lot): $1,000.
(2) 
Preliminary plat for major subdivision (plus $500/lot): $1,000.
(3) 
Final plat for major subdivision (plus $200/lot): $2,000.
F. 
Site plan waiver extension: $2,000.
G. 
Zoning appeal: $1,000.
H. 
Zoning appeal subdivision: $2,000.
The site plan escrow shall be based on a percentage of the cost of the proposed improvements.
Total Cost of Improvements
Escrow
$0 to $3,000
20% of the total cost
$3,000 to $5,000
$600 plus 4% of the amount over $3,001
$5,001 to $25,000
$680 plus 3% of the amount over $5,001
$25,001 to $50,000
$1,500
$50,001 to $99,999
$1,700
$100,000 to $249,999
$1,900
$250,000 to $499,999
$2,100
$500,000 to $749,999
$2,800
$750,000 to $999,999
$3,300
$1,000,000 and over
$4,000
A. 
All land use applications requiring construction and final inspection of improvements shall provide an inspection escrow as follows:
Total Cost of Improvements
Escrow
Less than $4,000
8% of total cost
$4,001 to $5,000
$320 plus 7% of excess over $4,001
$5,001 to $10,000
$350 plus 5% of excess over $5,001
$10,001 to $50,000
$640 plus 4% of excess over $10,001
Over $50,000
$2,240 plus 2% of excess over $50,001
B. 
The Planning Board or Board of Adjustment[1] or Municipal Engineer shall not review, act upon or consider any plan until such time as the initial fees and escrows are paid in full and the Planning Board Engineer shall not commence reviewing the application until he is advised that the fees and escrows have been paid.
[1]
Editor's Note: Ordinance No. O:2014-09, adopted 4-1-2014, dissolved the Zoning Board of Adjustment and vested the Planning Board with the powers and duties and functions of the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-25(c)(1).
C. 
The escrow associated with each application shall be replenished whenever the original escrow is reduced by charges against the account to 35% or less of the original amount. The administrative officer of the Board shall notify the applicant of the requirement to replenish the escrow and the applicant shall be requested to deposit up to 35% of the original escrow account. No further consideration, review, processing or inspection shall be performed by or on behalf of the Board until the additional escrow has been paid.
A. 
In the event that any applicant desires an account of the expenses or fees paid by him for professional review, he shall request such in a letter directed to the administrative officer. The applicant shall be responsible for any costs incurred by the Planning Board or the Board of Adjustment[1] in having its professional and administrative staff prepare an accounting of the fees expended.
[1]
Editor's Note: Ordinance No. O:2014-09, adopted 4-1-2014, dissolved the Zoning Board of Adjustment and vested the Planning Board with the powers and duties and functions of the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-25(c)(1).
B. 
In the event that the applicant believes the fees charged to be unreasonable, the Planning Board or Board of Adjustment[2] shall hear and decide at a public hearing whether such fees are reasonable.
[2]
Editor's Note: Ordinance No. O:2014-09, adopted 4-1-2014, dissolved the Zoning Board of Adjustment and vested the Planning Board with the powers and duties and functions of the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-25(c)(1).
A. 
The Town Engineer, planning consultant or approving agency attorney and any other professionals engaged by the Board as experts in connection with the application shall submit vouchers for all fees for examination, review or testimony, to the approving agency for approval after which the bill shall be forwarded to the Town and shall be paid in the ordinary manner.
B. 
If any of the money deposited in the escrow account is unexpended upon completion of the project and the satisfactory completion of the maintenance period, if any, or phased section in the case of a sectionalized application, said amount shall be returned to the applicant or at the developer's request, applied to the next phase.
An applicant for approval of an application may request a special meeting. The Board shall schedule such special meeting at a date and time convenient to the applicant, the Board and the public. There shall be paid to the Town, prior to the meeting, a special meeting escrow deposit of $750. If the applicant has in escrow at the time of the request for a special meeting more than $750 net of any vouchers presented or to be presented, then no additional special meeting deposit shall be required. If the special meeting is continued for additional hearings, or for additional review which required further professional services to the Board, the applicant shall, if the applicant's escrow is less than $750 at the time of the next meeting, post with the Town an additional $750 for each of said additional hearings.