Every municipal agency shall adopt and may amend reasonable
rules and regulations, not inconsistent with this chapter, for the
administration of its functions, powers and duties and shall furnish
a copy thereof to any person, upon request, and may charge a reasonable
fee for such copy. Copies of all such rules and regulations and amendments
thereto shall be maintained in the office of the Borough Clerk.
Any power expressly authorized by this chapter to be exercised
by the Planning Board or the Board of Adjustment shall not be exercised
by any other body, except as otherwise provided in this chapter.
In the event that, during the period of approval heretofore
or hereafter granted to an application for development, the developer
is barred or prevented, directly or indirectly, from proceeding with
the development otherwise permitted under such approval by a legal
action instituted by any state agency, political subdivision or other
party to protect the public health and welfare or by a directive or
order issued by any state agency, political subdivision or court of
competent jurisdiction to protect the public health or welfare, and
the developer is otherwise ready, willing and able to proceed with
said development, the running of the period of approval under this
chapter or under any act repealed by this chapter, as the case may
be, shall be suspended for the period of time said legal action is
pending or such directive or order is in effect.
A developer whose proposed development requires a variance or direction of the issuance of a permit may elect to submit a separate application requesting the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate granting of the variance or direction of the issuance of a permit shall be conditioned upon the granting of all required subsequent approvals by the same approving authority. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided for the approval in question, and any special vote shall not be required. In the event that the developer elects to submit separate consecutive applications, the time period for granting or denying each separate application shall be as provided in §
190-44.
[Amended 3-24-2021 by Ord. No. 21-09]
The following schedule of fees is established for the various
applications for development and other matters which are the subject
of this chapter.
A. Variances.
(1) For proceedings governed by N.J.S.A. 40:55D-70a: $400.
(2) For proceedings governed by N.J.S.A. 40:55D-70b: $250.
(3) For proceedings governed by N.J.S.A. 40:55D-70c:
(a)
For residential: $200 plus $50 for each additional variance
up to a maximum of $400 per application
(b)
For nonresidential: $200 per variance.
(4) For proceedings governed by N.J.S.A. 40:55D-70d:
(b)
For nonresidential: $350.
(5) For proceedings governed by N.J.S.A. 40:55D-34: $75.
(6) For proceedings governed by N.J.S.A. 40:55D-36:
(b)
For nonresidential: $200.
(7) Where subdivision, site plan review or conditional use proceedings
are required, the above-stated fees shall be in addition to those
fees required for subdivision, site plan review or conditional use
permits.
(8) In order to qualify for the lower fees established for residential
applications hereinabove, an application must be exclusively residential
in character and can be only for a single use on the lot. Any application
not complying with each of these conditions shall fall under the higher
fee schedule.
B. Subdivisions.
(1) Minor and major subdivisions.
(a)
Minor subdivision: $200, plus $75 per lot.
(b)
Major subdivision:
[1]
Conceptual review: 10% of the preliminary fee (to be applied
to preliminary fee at time of preliminary submission).
[2]
Preliminary plat: $750, plus $75 per lot.
[3]
Final plat: $500, plus $35 per lot.
(c) Amendment or extension to previously granted subdivision: $200.
(d) Where a subdivision includes other zoning or land use relief, these
fees shall be cumulative and shall not exclude the paying of the fees
set forth elsewhere for variances, site plan review, conditional use
approval or any other land use relief.
C. Site plans.
(2) Major site plan:
(a)
Conceptual review: 10% of the preliminary fee (to be applied
to preliminary fee at time of preliminary submission).
(b)
Preliminary approval: $350, plus $10 per 100 square feet of
proposed building floor area or part thereof or $20 per dwelling unit.
(c)
Final approval: $200, plus $5 per 100 square feet of proposed
building floor area or part thereof or $10 per dwelling unit.
(d) Amendment or extension to previously granted site plan: $200.
(e) Where a site plan includes other zoning or land use relief, these
fees shall be cumulative and shall not exclude the paying of the fees
set forth elsewhere for variances, subdivision review, conditional
use approval or any other land use relief.
D. Conditional use applications. Applications for conditional use shall
be subject to payment of a fee in the amount of $150.
E. Zone changes. Applications or requests to consider a change in the
zoning ordinance made either to the Planning Board or the Borough
Council shall be subject to the payment of a fee of $500, plus an
escrow deposit in the amount of $2,500.
F. Signs.
(1) Under 200 square feet: $200.
(2) Two hundred to 1,000 square feet: $285.
(3) Over 1,000 square feet: $300.
(4) Advertising billboard signs: $750.
G. Miscellaneous fees.
(1) Copy of a decision of the governing body to an interested party in
connection with an appeal: $10.
(2) Publication in a newspaper of a decision of the governing body on
an appeal: $10.
(3) Direction for the issuance of a permit pursuant to N.J.S.A. 40:55D-34:
$75.
(4) Direction for the issuance of a permit pursuant to N.J.S.A. 40:55D-36:
$150.
(5) Certificates showing approval: $10.
[Amended 3-24-2021 by Ord. No. 21-09]
A. Escrow deposit.
(1) In addition to the above general nonrefundable fees, for each conceptual,
preliminary or final application filed involving other than a permitted
one-family dwelling unit or minor site plan, the applicant shall reimburse
the municipality for all professional or technical review fees deemed
necessary or desirable by the approving authority and shall establish
an escrow fund with the Borough Treasurer to pay such fees or charges.
The escrow fund shall be utilized to reimburse the municipality for
all costs which are reasonable and related to the review of such application.
(2) As part of the application submission, the applicant shall be required to make a deposit to the escrow account in an amount provided for in Subsection
B below. All fees and escrow deposits must be paid prior to the certification of a complete application. If the amount posted is not sufficient to cover the Borough's professional charges associated with the applicant, the Board shall request additional funds.
(3) After approval of an application and prior to the start of construction, the applicant shall be required to make a further deposit to the escrow account to provide for anticipated inspection fees and any anticipated additional professional review services in accordance with Subsection
C below.
(4) Additional escrow funds shall be required when the balance of any
escrow account reaches 20% of the initial deposit. The Borough shall
notify the applicant, who shall be requested to deposit up to at least
35% of the original escrow account. No further consideration, review,
processing or inspection shall take place until the additional escrow
has been paid.
(5) For escrow deposits over $5,000, the procedures under N.J.S.A. 40:55D-53.1
shall prevail.
(6) At the applicant's written request and at his cost, an account of
the expenses or fees paid by him for the professional services shall
be provided. Borough professionals shall submit vouchers for all services
to be assessed against an escrow account.
(7) Any unexpended moneys remaining after the completion of the project
and maintenance period shall be returned to the applicant.
B. Escrow deposits for technical review. The initial deposit of escrow
funds for technical review of an application shall be as follows:
(1) C
Variance:
(a) Decks, Fences and Pools: $1,000.
(b) All other variances: $2,000.
(3) Minor
Subdivision: $3,000.
(4) Major
Subdivision (residential/nonresidential): $3,000.
(5) Site
Plan (residential/nonresidential): $3,000.
C. Escrow deposit for inspection. Prior to the start of construction,
the applicant shall post inspection funds determined as follows:
Estimated Construction Cost of Improvements (exclusive of buildings)
|
Fee
|
---|
Less than $4,000
|
12% of estimated cost
|
$4,000 to $5,000
|
$480, plus 11% of excess over $4,000
|
$5,000 to $10,000
|
$590, plus 9% of excess over $5,000
|
$10,000 to $50,000
|
$1,040, plus 8% of excess over $10,000
|
Over $50,000
|
$3,400, plus 6% of excess over $50,000
|
D. Escrow deposit for economic feasibility study. In such case where
a developer submits an application for new residential construction
which does not comply with the provisions of N.J.S.A. 52:27D-329.9
(a) providing for a low and moderate-income housing set aside of 20%
for developments of newly constructed residential units, the developer
shall deposit an initial escrow of $2,500 for the purpose of the retention
of an economic feasibility study by an expert of the Borough's choosing
to address the issue of economic feasibility as presented by the developer
as it relates to the set aside percentage of 20%. In such case as
the initial escrow is depleted by 80%, the developer shall be required
to replenish the escrow to the amount of the initial deposit. The
required escrow must be paid prior to certification of a complete
application.
[Added 8-17-2016 by Ord.
No. 2016-28]