[Amended 8-17-1978 by Ord. No. 0-10-78; 10-19-1978 by Ord. No. 0-14-78; 2-23-1984 by Ord. No. 0-2-84; 5-24-1984 by Ord. No.
0-10-84; 2-27-1986 by Ord. No. 0-3-86; 3-24-1988 by Ord. No.
0-5-88; 4-26-1990 by Ord. No. 0-6-90; 9-26-1991 by Ord. No.
0-19-91; 10-28-1993 by Ord. No. 0-18-93[1]]
[1]
Editor’s Note: This ordinance was repealed
3-27-2006 by Ord. No. 147-2006.
A.
An applicant for a building permit for the construction
of a new single-family dwelling shall pay with the application the
following trust account fees, upon issuance of a building permit:
[Added 7-14-1994 by Ord. No. 0-9-94]
B.
The following is a fee schedule for the payment of
fees and costs for land development within the Township of River Vale,
and the following fee schedule shall replace all similar applicable
fees in various existing ordinances of the Township of River Vale
heretofore in effect. The fees and deposits hereinafter provided for
shall be applicable to the Joint Planning Board in acting on the applications
hereinafter described, as follows:
(3)
Major subdivision:
(c)
Final approval:
[1]
Filing fee: $500.
[Amended 8-8-2022 by Ord. No. 403-2022]
[2]
Deposit for costs: $1,500.
[Amended 8-8-2022 by Ord. No. 403-2022]
[3]
Upon submittal of bond estimate, such additional
deposit for costs as incurred, not to exceed 7% of the estimated cost
of improvements or of the cost of anticipated expenses as estimated
by the Township Engineer, whichever is greater.
(4)
Major site plan and conditional use applications:
(a)
Preliminary approval:
[1]
Filing fee: $500.
[Amended 8-8-2022 by Ord. No. 403-2022]
[2]
Deposit for costs: $2,500, together with such
amount as shall be determined by the Joint Planning Board to be necessary
to defray the costs of any engineering, legal, planning, traffic,
drainage, hydraulic or other special studies or expenses as may be
incurred by the Township in the course of the application.
(b)
Final approval:
[1]
Filing fee: $500.
[Amended 8-8-2022 by Ord. No. 403-2022]
[2]
Deposit for costs: $1,500.
[3]
Upon submittal of bond estimate, such additional
deposit for costs as incurred, not to exceed 7% of the estimated cost
of improvements or of the cost of anticipated expenses as estimated
by the Township Engineer, whichever is greater.
(5)
Minor site plan, amended site plan and applications
for changes in use or occupancy:
[Amended 8-8-2022 by Ord. No. 403-2022]
(7)
Part 9, Zoning, amendment:
(a)
Filing fee: $250.
(b)
Deposit for costs: $1,500, together with such
other amount as the Joint Planning Board may determine necessary to
defray necessary professional expenses or special studies incurred
by the Township, including the remapping of districts, zone boundary
line changes or other similar expenses.
(14)
[1]Photocopying of minutes/maps: $0.25 per page.
[1]
Editor's Note: Former Subsection B(14), which listed fees
for any other application to the Joint Planning Board, was repealed 8-8-2022 by Ord. No. 403-2022. This ordinance also redesignated former Subsection B(15)
through (19) as Subsection B(14) through (18), respectively.
(15)
Mailing copies of decisions, in addition to
photocopying charges: $1.
(16)
Furnishing list of owners entitled to notice:
$10.
(18)
Zoning permit, issued by Zoning Officer: $25.
[Added 3-23-1995 by Ord. No. 0-7-95]
C.
Deposit for costs. All deposits shall be on account
of such engineering, inspection, legal, advertising and other costs
as may be incurred by the Board in connection with any application
up to the point of final action thereon by the Board. Prior to final
action on any application, the Township Administrator shall compute
all engineering, inspection, legal, advertising, recording and other
costs actually incurred by the Board in connection with the application
up to the point of final action. If the aggregate amount of such costs
shall exceed the deposit for costs, the applicant shall, on demand,
immediately post the amount of such excess. If the aggregate amount
of such costs shall be less than the deposit for costs, the excess
shall be refunded to the applicant, except for balances under $5,
which shall not be returnable.
D.
Complete applications. No land use application shall
be deemed complete until the fees and deposits for costs required
by this Part 1 shall have been paid to the Township. No final action
on any application shall be taken by the Board having jurisdiction
until the required deposits for costs have been brought up to date,
as determined by the Township Administrator. No return of excess costs,
fees, interest on bonds or any other payment shall be made to an applicant
until the Township Administrator has certified that the required cost
deposits have been made in full, pursuant to this Part 1.
E.
Additional special studies. If, upon or after acceptance
of an application, the Joint Planning Board finds that professional,
expert or special services or studies are required in order to evaluate,
process or decide a pending application, including engineering, planning,
traffic, hydraulic, legal, environmental or drainage studies or services,
and that the deposit for costs initially provided will be inadequate
to meet such costs, each is empowered to require the applicant to
pay for such costs and to deposit with the municipality such additional
sums as the Board estimates will be necessary to pay the costs of
such services or studies.
F.
Responsibility of owner. In the event that the amount
of costs for processing any application for development shall exceed
the deposits for said costs, and if the applicant withdraws his application
or fails to pay the amount of such excesses, the payment for such
excesses shall immediately become the responsibility of the owner(s)
of the subject property, and the amount of such excesses shall constitute
a first lien thereon.
G.
Fee for Tax Map revision. Within 30 days of final
approval of any minor or major subdivision, the applicant shall pay
to the Township of River Vale Trust Account (escrow deposits) a fee
of $50 per proposed lot for the purpose of updating and amending the
Township Tax Map to reflect any necessary changes occasioned by said
subdivision. Within 30 days of final approval of any site plan for
condominiums, patio homes, townhouses and/or multifamily units, the
applicant shall pay to the Township of River Vale Trust Account (escrow
deposits) a fee of $10 per proposed unit for the purpose of updating
and amending the Township Tax Map to reflect any necessary changes
occasioned by said site plan.
H.
Appeals.
[Added 8-22-1996 by Ord. No. 0-7-96(R)]
(2)
Deposit for costs; refund to successful appellant.
(a)
Where a decision of an administrative officer
is, on appeal, reversed by the Joint Planning Board, the deposit for
costs shall be returned to the appellant.
(b)
This section does not affect any additional
deposits that are required by the ordinances of the Township of River
Vale or laws of the State of New Jersey.
I.
Exemption from fees for developments to aid disabled
persons.
[Added 10-22-1998 by Ord. No. 0-13-98]
(1)
Definition. "Disabled person" means a person who has
the total and permanent inability to engage in any substantial gainful
activity by reason of any medically determinable physical or mental
impairment, including blindness, and shall include, but not be limited
to, any resident of this state who is disabled pursuant to the Federal
Social Security Act (42 U.S.C. § 416) or the federal Railroad
Retirement Act of 1974 (45 U.S.C. § 231 et seq.), or is
rated as having a 60% disability or higher pursuant to any federal
law administered by the United States Veterans' Act. For purposes
of this subsection, "blindness" means central visual acuity of 20/200
or less in the better eye with the use of correcting lens. An eye
which is accompanied by a limitation in the fields of vision such
that the widest diameter of the visual field subtends an angle no
greater than 20° shall be considered as having a central visual
acuity of 20/200 or less.
(2)
A disabled person, or a parent or sibling of a disabled
person, is exempt from the payment of any fee charged under N.J.S.A.
40:55D-8 in connection with any application for development which
promotes accessibility to his own living unit.
[Added 8-17-1978 by Ord. No. 0-10-78; amended 2-23-1984 by Ord. No. 0-2-84]
In the event that the amount of costs for processing
any application for development shall exceed the deposits for said
costs and if the applicant withdraws his application or fails to pay
the amount of such excesses, the payment for such excesses shall immediately
become the responsibility of the owner(s) of the subject property,
and the amount of such excesses shall constitute a first lien thereon.
A.
In any case involving the extension of municipal facilities, the installation of public improvements or the performance of special conditions and agreements between the applicant and the municipality, including special conditions for the preservation of trees, protection of existing natural resources or natural features, protection against other environmental damage, promotion of good civic design and arrangements or other provisions to carry out the purposes set forth in Article I of the Municipal Land Use Law, N.J.S.A. 40:55D-2, prior to the granting of final approval, the issuance of a building or construction permit or the commencement of construction or prior to the installation of any improvements or commencement of operations, whichever is first to occur, a builder's agreement shall be entered into between the owner, subdivider, developer and/or applicant and the Joint Planning Board and Township Council. Said agreement shall specifically detail all items of public improvements to be performed, the amounts of bonds to be furnished, other requirements of the Joint Planning Board and all other items as agreed and stipulated between the parties. Said agreement shall be prepared by the Joint Planning Board and approved by the Township Council. Said builder's agreement shall be binding upon the applicant, its successors and assigns, shall be executed in recordable form and shall be recorded at the applicant's expense in the office of the Bergen County Clerk.
[Amended 2-27-1986 by Ord. No. 0-3-86]
B.
Prior to granting subdivision, site plan or conditional
use approval under N.J.S.A. 40:55D-76, the Joint Planning Board shall
require entry into a builder's agreement to the same extent as if
application had been made to the Joint Planning Board.
C.
At the time above set forth, the Joint Planning Board
shall require the posting of a performance guaranty, as approved by
the Board Attorney, in an amount up to 120% of the estimated cost
of the public improvements and work as required by the Joint Planning
Board. The estimated cost for this purpose shall be determined by
the Board upon the written recommendation of the Township Engineer.
The Board shall require that a sum not in excess of 10% of such estimated
cost shall be posted with the Township as a cash performance bond.
The Board shall require that a sum equal to 7% of such estimated cost
or $1,250, whichever is greater, be deposited with the Township before
commencement of operations to cover the expenses incurred and to be
incurred by the Township for engineering services and legal expenses
in connection with the subdivision and application and in connection
with the inspection and certification of improvements within the development.
The builder's agreement shall provide that if the Township's approved
expenses for such purposes shall exceed the amount deposited, the
subdivider or developer shall pay such excess amount to the Township
and shall further provide that any portion of the deposit for costs
not required to be expended for such purposes shall be refunded to
the subdivider or developer, as the case may be. No such deposit shall
be charged with an amount unless the same shall represent a reimbursement
to the Township for payments by it for services rendered, upon proper
vouchers, duly sworn to, as provided by law. In every case, any charge
to the deposit provided for herein shall be reviewed and approved
by the municipality as to the necessity for the performance of the
service and the reasonableness of the amount charged therefor, to
the same extent as if there were no provision for reimbursement to
the Township. The Township Engineer shall perform the following inspections
in connection with the certifications of improvements within the development:
(1)
Prior to the start of any excavation work, the developer
shall notify the Township Engineer. At that time the Township Engineer
shall inspect the construction location and grade stakes, original
ground conditions and weather conditions and shall decide whether
work is to proceed or be delayed.
(2)
During rough grade work, the Township Engineer shall
conduct periodic inspections of work progress and investigate any
subsurface conditions that are encountered. If, during the course
of construction, unforeseen conditions, such as springs, aquifer layers,
high groundwater tables and miscellaneous unknowns are encountered,
it shall be determined by the Township Engineer whether or not the
developer shall install additional catch basins, storm drains, french
drains or any other drainage appurtenances.
(3)
The Township Engineer shall inspect all drainage trenches
and storm drain pipes prior to any backfilling of the trenches. The
storm drain pipes, pipe joints and pipe bedding shall be inspected
by the Engineer before the trenches can be backfilled. All trenches
shall be backfilled and tamped in accordance with standard specifications
approved by the Township Engineer.
(4)
The Township Engineer shall inspect the excavation,
subbase and pouring of curbs and sidewalks. Said construction shall
conform to plans and specifications, the approved maps and Township
specifications and regulations.
(5)
The tickets for delivery of materials or supplies
on the site may be inspected to determine the quantities used.
(6)
The Township Engineer shall inspect and check the
materials and amount of said materials used for the subbase material.
Said materials shall conform to the requirements as set forth on the
plans and specifications and to Township specifications and requirements.
When approval is given by the Township Engineer, the work may proceed.
(7)
The Township Engineer shall inspect final pavement
construction work during the course of said construction. The pavement
shall be constructed in accordance with the requirements as set forth
on the plans and specifications, the approved maps and Township specifications
and regulations.
(8)
The Township Engineer shall inspect the site of grading
of individual lots so as to avoid dangerous conditions or the creation
of low spots on lawns, driveways and other areas.
(9)
The installation of concrete monuments shall be inspected
by the Township Engineer.
(10)
Utilities shall be inspected by the Township
Engineer in conjunction with the various utility companies concerned.
(11)
The Township Engineer shall inspect the installation
of shade trees in conjunction with a member of the Shade Tree Committee.
D.
Any and all moneys posted by the developer or subdivider
as a deposit for costs of the Township's professional engineering
and legal expenses shall be deemed a credit to reduce by such amount
the required posting of 7% of the cost of construction of subdivision
improvements. The balance of any remaining moneys on deposit with
the Township of River Vale shall be refunded to the applying parties
at any time following expiration of 60 days from the receipt by the
Township Clerk of the certification of the Board Secretary that all
costs and expenses of the Township arising out of or due to the subdivision
applicant have been paid or sufficient provision therefor has otherwise
been made.
E.
A deposit of $50 to the Township of River Vale shall
be made for each concrete monument as shown on the plat and not actually
in place, which moneys shall be refunded to the owner on demand after
the monuments have been set by the owner's engineer to the satisfaction
of the Township Engineer. If the monuments are not set within 30 days
after written notice to the owners by the Township Engineer, the Township
shall retain said moneys as liquidated damages, and the governing
body shall then direct the Township Engineer to place the monuments.
The Township, at its option, may, in lieu of the above deposit, accept
a bond approved by the Board Attorney.
[Amended 8-26-2004 by Ord. No. 0-9-04]
F.
Prior to release of the performance bond, the applicant
shall file with the Township Engineer as-built drawings, in ink, on
tracing cloth to such scale as required by the Township Engineer,
accurately showing the location, profile, size and appurtenances of
all storm drains, catch basins, septic tanks and septic systems, sanitary
sewers and water mains and all utilities, including service connections,
constructed within the subdivision. Such as-built drawings shall be
and become the property and public record of the Township of River
Vale. Upon submission of the as-built tracings to the Township Engineer,
upon the improvements being completed, installed and accepted by the
Township, upon compliance with the law and upon the performance of
all other terms of the builder's agreement, the performance bond shall
be released, provided that a maintenance bond in an amount not to
exceed 15% of the cost of the public improvements and work, or of
the original installation, is posted, which cost shall be determined
by the Township Engineer according to the method of calculation set
forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4). The
maintenance bond shall be reviewed for form and approved by the Board
Attorney and shall run for a period not to exceed two years from final
acceptance of the improvement.
[Amended 4-22-1993 by Ord. No. 0-1-93]
A.
The Joint Planning Board shall, by resolution, prescribe
forms for applications.
B.
All applications to the Joint Planning Board shall
be filed with the appropriate administrative officer of the Board
with whom the applicant intends to file, who shall stamp the date
of filing thereon.
C.
An application shall be complete, and shall be referred
to as a complete application, when:
(1)
The prescribed application form fully completed and
duly executed has been filed with the Board.
(2)
All documents in the requisite number and in the form
prescribed by this Part 1 shall have been filed with the Board.
(3)
A certificate from the Tax Collector shall have been
filed with the proper Board administrative officer stating whether
any taxes or assessments for local improvements are due or delinquent.
(4)
All fees and deposits prescribed by this Part 1 have
been paid.
(5)
In the event that this Part 1 or any applicable law,
ordinance, rule or regulation shall require that the documents, plat
or plans be referred to other persons or bodies, an affidavit shall
have been filed with the proper administrative officer stating the
date, time, place and circumstances of such filing, the status of
such other application, reference or filing, the parties, attorneys
or other persons prosecuting the same and the anticipated date of
preliminary and final action thereon.
(6)
The written consents of all owners of the property
have been filed with the proper administrative officer.
(7)
The Board, or its designee, shall have certified,
within 45 days after filing thereof with the proper administrative
officer, that the application is a complete application.
[Added 6-27-2005 by Ord. No. 118-2005]
Each applicant for a developmental application,
concept review, subdivision, site plan or variance application shall
deposit with the Township, to be held in escrow, as hereinafter provided,
a sum determined by the administrative officer, after consultation
with the Board's professional consultants, to be sufficient to defray
the Township's reasonable and necessary costs for professional and
administrative services in reviewing the application. The amount of
such escrow shall be determined within 30 days after the submission
of an otherwise complete application, or an application shall not
be declared complete until such escrow fund has been deposited. The
escrow fund shall be in cash unless the amount thereof is greater
then $10,000 in which event it may be by letter of credit in a form
satisfactory to the Board Attorney. The escrow fund shall be deposited
into a separate trust account by the Township and, if the amount thereof
is greater than $5,000, it shall be deposited in an interest-bearing
account with interest accruing for the benefit of the applicant. Disbursements
may be made from the escrow fund only after approval by the Township
Council of duly submitted vouchers for the reasonable and necessary
charges for professional services rendered in connection with the
application. In addition to the application fees set forth herein,
the Board may charge the applicant an amount equal to the fee(s) which
the Board pays to a professional engineer, planner or attorney to
review the development application. If the Board determines that it
is necessary to retain the services of a professional engineer, planner
or attorney to review the development application, the applicant shall
be required to pay the initial deposit and such other additional deposits
as may be required to offset these special review costs incurred by
the Board. The applicant shall be responsible for the pro rata share
of costs and fees for the reporting and transcription of any meeting
wherein the application is discussed, reported, considered or a hearing
or decision is rendered. In the event any development application
requires a special meeting date, the Board shall charge the applicant
a special meeting fee of $1,000, plus an amount equal to the fee(s)
which the Board pays to its engineer, planner, attorney, secretary
and other professional advisors who attend the special meeting. The
cost of these services shall be charged against the initial deposit
and such other additional deposits posted by the applicant. The term
"professional personnel" shall be defined to include the Township
Attorney. The intent of this section is to require that an applicant
reimburse the Township for the cost the Township incurs in the Township
Attorney reviewing documents submitted by the applicant, including,
but not limited to, developer's agreements, deeds and/or easements.
[Added 6-27-2005 by Ord. No. 118-2005]
The Township may require upon approval of a
development that the applicant enter into a developer's agreement
with the Township to ensure that the project is completed in accordance
with the resolution of approval adopted by the Board. The form of
developer's agreement, as well as any deeds or easements to be conveyed
to the Township, shall be in a form acceptable to the Board and Township
Attorney. Prior to these documents being prepared, the person responsible
for preparing the documents for the applicant must contact the Board
and Township Attorney's office in order to make sure that the approved
form of developer's agreement, deed or easement is used. Furthermore,
simultaneously with the Board and Township Attorney reviewing the
deeds or easements, the applicant must, at a minimum, provide a title
report providing clear title to the Township, or an updated search,
or an opinion letter from the applicant's attorney that there are
no liens and that the deed or easement conveys clear title.
