Township of Chester, NJ Fees and Deposits

[Adopted 6-16-1981 by Ord. No. 2:14-81]

The following fees and deposits shall be paid by every applicant for development within the Township of Chester, Morris County, New Jersey, pursuant to N.J.S.A. 40:55D-1 et seq.

§ 113-360 Type of applications.

The type of application for development as hereinafter provided shall be those applications which may be submitted to the Planning Board or the Board of Adjustment for consideration pursuant to N.J.S.A. 40:55D-1 et seq.

§ 113-361 Schedule of fees.

[Amended 4-19-1982 by Ord. No. 2:14A-82; 7-18-1989 by Ord. No. 2:14C-89; 5-15-1990 by Ord. No. 2:14D-90; 6-15-1993 by Ord. No. 2:14F-93]

Every application for development shall be accompanied by two separate checks payable to the Township of Chester: one for the application charge, the other for the escrow account, in accordance with the following schedule:

[Amended 3-20-2001; 12-19-2017 by Ord. No. 2017-09; 12-1-2020 by Ord. No. 2020-11]

Type of Application For Development		Application Charge	plus	Escrow Account
Minor subdivision		$150 + $75 for each additional lot created by subdivision		3 times application charge or $1,000, whichever is greater
Minor subdivision only to include lot line adjustment		$150		3 times application charge or $1,000, whichever is greater
Major subdivision, preliminary		$250 + $100 for each additional lot created by subdivision		3 times application charge or $5,000, whichever is greater
Major subdivision, final		$250 + $50 for each additional lot created by subdivision		3 times application charge or $3,500, whichever is greater
Site plan, preliminary		a) $150 per 20,000 square feet up to 5 acres	3 times application	charge, or $3,500, whichever is greater
		b) $250 for each acre over 5 acres or fraction thereof
		c) $125 per 1,000 square feet of floor area up to 10,000 square feet
		d) $80 per 1,000 square feet of floor area over 10,000 square feet
Site plan for construction of farm stand/market		$100		$1,000
Waiver of site plan		$250 to be applied to the preliminary approval fee if denied	3 times application charge
Variance Subsection c for single- family residential		$250		3 times application charge
Variance Subsection c for all other instances		$250		3 times application charge
Variance Subsection d		$500		3 times application charge
Conditional use		$250		3 times application charge
Board of Adjustment Appeal Subsection a		$250		3 times application charge
Board of Adjustment Appeal Subsection b		$250		3 times application charge
Application not otherwise covered by the above		$250		To be fixed by Board hearing application
Land disturbance review by Township Engineer prior to issuance of building permit		$150		$600
Site grading plan for new house or site plan, to be reviewed by Township Engineer		$600
Revised or amended site grading plan that is less than 2 years old, to be reviewed by Township Engineer		$300
Sketch or concept plan		$50 per lot		$1,500 if only with Technical Coordinating Committee, otherwise 3 times application or $1,500, which- ever is greater
Erosion control provisions to be reviewed by Township Engineer prior to issuance of building permit		$200 + $20 per acre for every acre after 2		$600
NJPDES permit application for Township endorsement of a NJPDES permit		$500		$3,000
Wastewater treatment plant – application for Township endorsement of a wastewater treatment plant permit		$500		$3,000
Wastewater treatment application for review of wastewater treatment by Township Engineer		$500		$3,000
Potable water supply plant – application for review of potable water supply, storage and treatment plant permit		$500		$3,000
Driveway opening permit
	In connection with application for a zoning permit for a new single-family dwelling	$100
	In connection with application for a zoning permit for a commercial or condi- tional use	$150
	In connection with application for re- location of existing driveway permit	$50
Special meetings
	Request for a board to hold a special meeting	$1,500
Zoning change request
	Application for review of zone change request	$500		3 times application charge
Environmental impact statement application
	Application for approval of environmental impact statement for site plan approval	$150	charge of $1,000, whichever is greater	3 times application
	New house	$100
	Pools	$50
	Fences, sheds, decks, patios, and other accessory structures	$15
	Sign permit	$40
	200 feet property owner list	$10
	Residential addition	$100
	Zoning permit for certificate of existing nonconformity	$125
	Change in nonresidential use/occupancy	$125
	Zoning verification letter	$50
	If any application for the type of application for development is denied by the Zoning Officer, the applicant and Zoning Officer are to confer and discuss the basis of the denial. If the applicant amends or corrects any application for the same permit being sought, such resubmission to the Zoning Officer shall not result in the payment of another application fee.

Fees for accessory apartment permits. The application for an initial permit for the occupancy of an accessory apartment in accordance with § 113-243C shall be accompanied by a fee of $50. An application for the renewal of a permit for the continued occupancy of an accessory apartment shall be accompanied by a fee of $25. No fee shall be prorated by reason of the date upon which an application is filed.

[Added 3-7-1995 by Ord. No. 2:19K1-95]

§ 113-362 Reimbursement for tax map revisions.

[Added 12-18-1990 by Ord. No. 2:14E-90]

An applicant shall be responsible for reimbursing the municipality for the costs and fees incurred by the municipality for revisions to the tax maps caused by an application for development being approved. No plat or site plan shall be signed, nor shall any zoning permits, building permits, certificates of occupancy, or any other types of permits be issued with respect to any approved application for development until all costs, fees and bills have been paid by the applicant.

§ 113-363 Applications involving more than one category.

In the case of applications involving more than one category of application for development, such as an application for site plan or subdivision approval coupled with a variance, the application charge shall be the highest of the applicable charges, plus 50% of all other applicable charges.

§ 113-364 Use of fees and escrow.

[Amended 12-15-1987 by Ord. No. 2:14B-87]

The application charge is a nonrefundable flat fee to cover administrative expenses. On applications for site plan approval, the applicant shall submit a statement in support of the calculation of the application charge, which statement shall be subject to review by the Board. The escrow account is established to cover the cost of professional services, including engineering, legal and other expenses connected with the review of submitted materials. Escrow account funds not utilized in the review process will be returned to the applicant.

As invoices are received from time to time by the Board or by the Township from the professional consultants of the Board or the Township (attorney, planner, professional engineer, traffic engineer, and others, who are employed to review the application for development), the Treasurer of the municipality will immediately request the applicants, in writing, to pay such additional funds into the escrow account as may be required to cause the amount in the escrow account to equal the initial deposit plus all outstanding directly related professional fee invoices. The Treasurer will review the account at least monthly to ensure that the escrow funds are maintained at the prescribed level.

As the invoices of the professional consultants are reviewed and approved for payment by the Board and Council, the Treasurer will pay 100% of the approved invoices from the escrow account.

§ 113-365 Treasurer's certificate required.

The Board hearing the application shall not proceed with any hearing and shall not take any action (except to deny an application because of nonpayment of fees) and shall not release any signed maps, site plans or plats, without first obtaining from the Treasurer a certification that the applicant has paid all required fees and escrow amounts.

§ 113-366 Invoicing or returning of fees after processing of application.

Upon completion of the processing of an application for development (whether by way of withdrawal, denial, approval, conditional approval or other disposition), the Treasurer will, as soon as practicable, either invoice the applicant for any remaining fees that may be due, after deducting the 10% to be paid by the municipality, or return any excess funds on hand to the applicant.

§ 113-367 Escrow statement for application-related invoices.

[Amended 5-4-2010 by Ord. No. 2010-5]

Upon request, in writing, the Treasurer will provide the applicant with a statement of the escrow account and with copies of all professional consultants' fee invoices related to the application.

§ 113-368 Professional inspection fee deposit.

[Amended 4-19-1982 by Ord. No. 2:14A-82]

Upon receipt of approval of the development plan, and as a condition thereto, the applicant shall pay to the Township as a deposit with respect to professional inspection fees the sums required under the appropriate schedule that appears below. In the case of a development plan involving improvements that are intended to be accepted by the municipality, the estimated construction costs shall be approved by the Township Engineer and the Mayor and Council. In the case of nonmunicipal (such as the improvements within a site-planned area), the estimated construction costs shall be approved by the Township Engineer and the Board acting on the application. The estimated cost of improvements shall be based upon usual charges by contractors for public work of a similar nature.

	Estimated Construction Cost of Site Plan and Subdivision Items to be Inspected by the Township Engineer	Inspection Charge (Percent of Construction Cost)
	Less than $10,000	6% of estimated cost
	$10,000 to $50,000	$600 plus 5% of excess over $10,000
	Over $50,000	$2,600 plus 4 1/2% over $50,000

In the event that the actual reasonable costs of inspection exceed the deposit set forth herein, the Treasurer will invoice the applicant for the difference. The applicant will not be deemed to have satisfied the conditions of development plan approval unless said invoice is paid in full. The Treasurer will promptly notify the Construction Official of any deficiency with respect to the payment of said fees. The Construction Official will not issue a certificate of occupancy or any other permit until such invoice is paid in full. In the event that the reasonable costs of the inspection are less than the deposit paid, the excess will be returned to the applicant.

§ 113-369 Escrow statement for development inspection; invoice protest.

Upon request, in writing, the Treasurer will provide the applicant with a statement of the escrow account and with copies of any professional fee invoices relating to the inspection of the development. The applicant may request a hearing as to the reasonableness of any of the invoices. If such request is received in writing, the hearing will be held by the Council at the next available public meeting. The failure of the applicant to protest an invoice shall not be construed to be an acknowledgment of the reasonableness of the invoice in the event that the issue should arise in any later proceeding.