[Amended 8-17-2004 by Ord. No. 2004-15; 9-4-2007 by Ord. No. 2007-17; 3-4-2014 by Ord. No. 2014-4; 5-1-2018 by Ord. No. 2018-03]
Every application for development shall be accompanied by a check payable to the Township of Stillwater in accordance with the following schedule. For purposes of this section, the term "area being disturbed" means any area whereupon any activity involving the clearing, excavation, storing, grading, filling or transporting of soil will occur, or whereupon any other activity will occur which causes soil to be exposed to the danger or erosion, including the detachment or movement of soil or rock by water, wind, ice and/or gravity.
A. 
Subdivisions.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Subdivision
Application Charge
Review Escrow
Minor subdivision
$250
$2,000 (Replenish at $1,000)
Preliminary major subdivision
$500
$750 per lot
$3,500 Maximum (Replenish at $1,500)
$20,000 Maximum initial deposit
Final major subdivision
$350
$250 per lot
$3,500/Maximum (Replenish at $1,500)
$10,000 Maximum initial deposit
Concept plan*
Minor subdivision
$150
$1,000 (Replenish at $500)
Major subdivision
$250
$2,000 (Replenish at $1,000)
Amended minor, preliminary, major or final major
$200
$300 per lot
$2,000 Maximum (Replenish at $1,000)
$10,000 Maximum initial deposit
Minor subdivision: lot line adjustment
$200
$1,500
B. 
Site plans.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Site Plan
Application Charge
Review Escrow
Minor site plan
$250
$2,000 (Replenish at $1,000)
Preliminary major site plan
$250
$2,000 per acre of disturbance
$3,500 Minimum (Replenish at $1,500)
$10,000 Maximum initial deposit
Final major site plan
$250
$1,000 per acre of disturbance
$2,500 Minimum (Replenish at $1,500)
$10,000 Maximum initial deposit
Concept plan*
Minor site plan
$125
$1,000
Major site plan
$125
$2,000
House occupation
$150
$300
Amended minor, preliminary, major or final major
$200
$2,000 Minimum (Replenish $1,500)
Site plan waiver
$100
$600
*
Fee and escrows paid in connection with concept applications shall be credited toward the fee and escrows required for minor and major subdivision and minor and major site plan applications once submitted within one year of the Board's review of the concept plan.
C. 
Variances.
Variances
Application Charge
Review Escrow
Appeals (40:55D-70a)
$100 Residential
$1,000 each
$200 Commercial/industrial
Interpretation (40:55D-70c)
$100 Residential
$1,000 each
$200 Commercial/industrial
Bulk (40:55D-70c)
$100 Residential
$1,000 each
$200 Commercial/industrial
Use (40:55D-70d)
$200 Residential
$2,000
$500 Commercial/industrial
Permit (40:50D-34 and 35)
$100 Residential
$1,000
$200 Commercial/industrial
Unimproved Street (40:55D-36)
$100 Residential
$1,000
$200 Commercial/industrial
D. 
Variances pursuant to N.J.S.A. 40:55D-70c(1) or (2) included in § 240-90C above.
E. 
Variances pursuant to N.J.S.A. 40:55D-70d included in § 240-90C above.
F. 
Variances pursuant to N.J.S.A. 40:55D-36 included in § 240-90C above.
G. 
Conditional use application and escrow review fees included in § 240-90C above.
H. 
Transcription fees. One-hundred-percent estimated costs at $4.50 per page. If estimated fees are insufficient, the person ordering the transcript shall pay the full actual cost to the Township.
I. 
Revision fees for applications previously approved included in § 240-90A and B above.
J. 
For items not covered: $300.
K. 
Special meeting fees: $1,000, or the actual cost to the Township of Stillwater, whichever is greater. The applicant shall deposit the sum of $1,000, with the Township at least five days in advance of the special meeting. Any balance owed shall be paid within seven days after the conclusion of the meeting.
L. 
Zoning permits.
Zoning Permit Value
Fee
Late Fee
Residential additions and accessory structures
Construction
Up to $20,000
$30
$20
Greater than $20,000 but less than $50,000
$40
$25
Greater than $50,000
$50
$30
New home
$75
$30
Home occupation
$40
$20
Commercial minor alterations, signs and accessory structures
Up to $10,000
$40
$20
Greater than $10,000 but less than $100,000
$75
$20
Greater than $100,000
$100
$50
Letters of certifications or approvals
$30
M. 
Informal concept review N.J.S.A. 40:55D-10.1 (presentation limited to 45 minutes). Whenever the Planning Board shall grant informal review of concept plan for a development, the fee for such information review shall be a credit towards fees for review of the application for development in accordance with the provisions of N.J.S.A. 40:55D-10. An applicant desiring to have a concept plan or plat informally reviewed shall so notify the Planning Board Secretary, who shall place the matter on the agenda at the most convenient time for the Board.
(1) 
Minor plat: $300.
(2) 
Major plat: $500.
N. 
Annexation. For hearing on a petition for annexation: $1,000.
O. 
Farmland preservation. To review a petition for inclusion of a parcel in a municipally approved farmland preservation program: $500.
P. 
Waiver of fees. When an application is made by a nonprofit charitable corporation, by a fire company which is part of the Township Fire Department, a first aid and rescue squad receiving appropriations from the Township, or a governmental agency, Township, state or federal, the municipal agency having jurisdiction of the application may in its discretion, waive all or part of any filing fee hereinabove provided for.
Q. 
GIS update fees on certain development applications.
(1) 
Subdivision: minor, amended minor: $150
(2) 
Subdivision: preliminary major, amended preliminary or amended final major: $150, plus $50 per lot.
(3) 
Subdivision: final plat: $200.
(4) 
Site plan: minor, amended minor: $150.
(5) 
Site plan: residential preliminary major, amended preliminary or amended final major: $150 plus $50 per unit.
(6) 
Site plan: nonresidential preliminary major, amended preliminary or amended final major: $150 plus $50 up to 5,000 square feet; $150 for up to 20,000 square feet; and $300 for over 20,000 square feet.
(7) 
Site plan: final major: 25% of the preliminary site plan GIS update fee if filed separately; $0 if filed with the preliminary.
(8) 
Planned development: preliminary plat, amended preliminary or amended final: $150 plus $50 per additional unit.
(9) 
Planned development: final plat: 35% of the preliminary plat GIS update fee if filed separately; $0 if filed with the preliminary.
(10) 
Conditional use: $150.
(11) 
Dimensional or "C" variance: $50 for each variance in conjunction with site plan or subdivision; $25 for each variance without site plan or subdivision.
(12) 
Use or "D: variance: residential: $150.
(13) 
Use or "D" variance: nonresidential: $150.
A. 
Payment of deposits; acceptable charges. The Chief Financial Officer of the municipality shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. The initial escrow deposit shall be as hereinafter set forth. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents; inspections of developments under construction and for review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the municipality. The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of any such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements. No applicant shall be charged for any municipal clerical or administrative functions, overhead expenses, meeting room charges or any of the municipal costs and expenses, except as provided for specifically herein, nor shall a municipal professional add any such charge to his bill.
B. 
Professional services defined. The term "professional services" as utilized herein include the services of a duly licensed engineer, surveyor, planner, attorney, scientist, realtor, appraiser or other professional or expert who provides services for review, advice, preparation of reports and/or expert testimony, for inspection of property and surrounding area and for tests performed, in order to assist the Board in the review of the application before it.
C. 
Escrow established by § 240-90.
[Amended 5-1-2018 by Ord. No. 2018-03]
D. 
Escrow fees, review for adequacy.
(1) 
The Planning Board and/or the Board of Adjustment or its authorized committee or designee, as the case may be, shall, in conjunction with its attorney, engineer or planner, review said application for development to determine whether the escrow amount set for the above is adequate. In conducting such review, said Board shall consider the following criteria:
(a) 
The presence or absence of public water and/or sewer servicing the site.
(b) 
Environmental considerations, including but not limited to geological, hydrological and ecological factors.
(c) 
Traffic impact of the proposed development.
(d) 
Impact of the proposed development on existing aquifer and/or water quality.
(2) 
Upon completion of said review, the Board or its authorized committee shall determine whether the escrow amount specified above is sufficient, excessive or insufficient. In the event that the Board or its authorized committee shall determine that the amount is excessive, it shall specify the amount that shall be deemed sufficient, including a specification, if appropriate, that no escrow be posted. In the event that the Board or its authorized committee shall determine the amount specified above is insufficient, it shall so specify and shall further set forth the amount to be posted in light of the criteria specified herein.
(3) 
No application for development be deemed complete until such time as the applicant shall have posted with the Township of Stillwater, in cash, certified check or money order, the amount of escrow deposit determined by the Planning Board and/or Board of Adjustment to be required in accordance with the provisions of this section.
E. 
All deposits for engineering, legal and other technical review fees shall be made prior to the performance of the professional services which the deposit is intended to cover. When an escrow account is reduced to the required amount identified in § 240-90, the applicant shall be required to replenish the account to not less than 100% of the original amount required.
[Amended 5-1-2018 by Ord. No. 2018-03]
F. 
Charges for professional services. The applicant shall, to the extent permitted by N.J.S.A. 40:55D-53.2, be responsible to reimburse the Township with regard to specific professional services in accordance with the following:
(1) 
Charges for any professional for required attendance at a regular or special meeting during which hearings are held on the application in question; provided, however, that where hearings are held on other applications at the same hearing, the cost of attendance of the Township's professionals shall be reimbursed on a pro rata basis.
(2) 
The review of applications both as to completeness and as to content and for the review and preparation of documents, such as but not limited to drafting resolutions, developer's agreements and necessary correspondence with applicant or applicant's professionals.
(3) 
The cost of all necessary inspections and for such other services necessary to assure that all work is performed in compliance with the approved plans and governing laws or ordinances.
G. 
Deposit of escrow funds; refunds. Deposits received from any applicant in excess of $5,000 shall be held by the Chief Financial Officer in a special interest-bearing deposit account, and upon receipt of bills from professionals and approval of said bills as hereinafter provided for, the Chief Financial Officer may use such funds to pay the bills submitted by such professionals or experts. The Township shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100 the entire amount shall belong to the applicant and shall be refunded to him by the municipality annually or at the time the deposit is repaid or applied for the purposes for which it was deposited, as the case may be, except that the Township may retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses. All sums not actually so expended shall be refunded to the applicant within 90 days after the final decision by the appropriate municipal agency with respect to such application, upon certification by the Board Secretary that such application has been finally decided.
H. 
Reimbursement for inspection of improvements. The developer shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the inspection and/or testing of improvements. The Township may require the applicant to make a deposit for all or a portion of the reasonably anticipated fees to be paid to the Township Engineer for such inspections pursuant to N.J.S.A. 40:55D-53h.
I. 
Inspection of improvements. All of the improvements in a subdivision or site plan shall be inspected and approved by the Township Engineer. The subdivider or his agent, employee or contractor shall notify the Township Engineer and the Secretary of the reviewing Township Board that the work is ready for any required inspection specified herein or required to be performed by the Township Engineer, the Construction Official or the appropriate subcode official. This notice shall be given at least 48 hours prior to the start of the construction and at least 48 hours prior to the time the inspection is desired. Inspection shall be performed within three business days of the, time for which it was requested. The work shall not proceed in a manner which shall preclude the inspection until it has been made. No underground installation shall be covered until inspected and approved.
J. 
Payments; vouchers; insufficient deposit.
(1) 
Escrow deposits. Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service and each date the services were performed, the hours spent to 1/4 of an hour increments, the hourly rate and the incurred charge. All professionals shall submit vouchers to the Chief Financial Officer of the Township on a monthly basis, in accordance with the schedules and procedures established by the Chief Financial Officer or the Township Boards. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the Township simultaneously to the applicant and the municipal agency for whom said services were performed.
(2) 
Withdrawals. Withdrawals for payment of services of professionals shall be authorized only if:
(a) 
An itemized voucher has been submitted to the Chief Financial Officer with a certification stating that informational copies have been sent to the applicant and the municipal agency for which the services were performed.
(b) 
The municipal agency involved has approved the payment thereof and has so notified the Chief Financial Officer, and the Secretary of the Township agency has verified to the Chief Financial Officer the amount of escrow funds which will remain in that account after payment of the vouchered claim, according to the records in the Secretary's office.
(c) 
The Chief Financial Officer shall make payment within 10 days after receiving notification of approval by the municipal agency and the governing body.
(3) 
Statements. The Chief Financial Officer shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000.
K. 
Fees; liens on property.
(1) 
Should any fees for applications for development, expert witness fees, consultants fees, review fees, inspection fees or fees of any nature connected with an application for development be due and unpaid by an applicant for development and/or owner of the subject property, for a period of 14 days after written notice of the amount due was mailed to the owner and applicant, the Township Clerk or Mayor or Assistant Clerk or other officer or employee of the Township of Stillwater may execute a written statement of lien showing, the amount due to the Township and may record the same in the Sussex County Clerk's office as a lien on the subject property. The lien shall include interest at the rate of 12% per annum, recording fees and a reasonable attorneys fees.
(2) 
Should the lien remain unpaid, the Township Tax Collector, Clerk or other officer authorized by the Township Committee shall have the power to sell the property to collect the amount of the lien, together with interest, attorneys fees and recording fees pursuant to N.J.S.A. 54:5-19 et seq. and other applicable laws of the State of New Jersey.
L. 
Payments required prior to issuance of permits. No zoning permits, building permits, certificates of occupancy or any other types of permits may be issued with respect to any approved application for development until all bills for reimbursable services have been received by the Township from professional personnel rendering services in connection with such application and payment has been made.
M. 
Closeout procedures.
(1) 
The following closeout procedures shall apply to all deposits and escrow accounts established under the provisions of N.J.S.A. 40:55D-1 et seq., and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved in N.J.S.A. 40:55D-53, in the case of improvement inspection escrows and deposits.
(2) 
The applicant shall send written notice, by certified mail, to the Chief Financial Officer of the Township and the approving authority and to the relevant municipal professional that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the Township within 30 days and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the Township shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest in accordance with N.J.S.A. 40:55D-53.1, shall be refunded to the developer along with the final accounting.
N. 
Scope of charges. All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with the conditions of approval or review of requests for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by any state governmental agency and not under Township jurisdiction, except to the extent consultation with a state agency is necessary due to the effect of state approvals on the subdivision or site plan.
O. 
Limitation of inspection fees. Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work, and such inspections shall be reasonably based on the approved development plans and documents.
P. 
Substitution of professionals. If the Township retains a different professional or consultant in the place of a professional originally responsible for the development application review or inspection of improvements, the Township or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the Township or approving authority shall not bill the applicant or charge to the deposit or the escrow account for any such services.
Q. 
Estimate of cost of improvements. The cost of the installation of improvements for the purposes of N.J.S.A. 40:55D-53 shall be estimated by the Township Engineer based on documented construction costs for the public improvements prevailing in the general area of the Township. The developer may appeal the Township Engineer's estimate to the County Construction Board of Appeals, established pursuant to N.J.S.A. 52:27D-127.
R. 
Appeals.
(1) 
An applicant shall notify, in writing, the governing body, with copies to the Chief Financial Officer, the approving authority and the professional, whenever the applicant disputes the charges made by a professional for a service rendered to the Township in reviewing applications for development, review and preparation of documents, inspection of improvements or other charges made pursuant to N.J.S.A. 40:55D-53.2. The governing body or its designee shall within a reasonable time attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals, established pursuant to N.J.S.A. 52:27D-127, any charge to an escrow account or deposit by any Township professional or consultant or the cost of the installation of improvements estimated by the Township Engineer pursuant to N.J.S.A. 40:55D-53.4. An applicant or his authorized agent shall submit the appeal, in writing, to the County Construction Board of Appeals. The applicant or his authorized agent shall simultaneously send copies of the appeal to the Township, approving authority and any professional whose charges are the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by N.J.S.A. 40:55D-53.2(c), except that, if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within 60 days from receipt of the Township statement of activity against the deposit or escrow account required by N.J.S.A. 40:55D-53.2(c). An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.
(2) 
The County Construction Board of Appeals shall hear the appeal, render a decision thereon and file its decision with a statement of the reasons therefor with the Township or approving authority not later than 10 business days following the submission of the appeal, unless such period of time has been extended with the consent of the applicant. The decision may approve, disapprove or modify the professional charges appealed from. Copies of the decision shall be forwarded, by certified or registered mail, to the party making the appeal, the Township, the approving authority and the professional involved in the appeal. Failure by the Board to hear an appeal and render and file a decision thereon within the time limits prescribed in this subsection shall be deemed a denial of the appeal for purposes of a complaint, application or appeal to a court of competent jurisdiction.
(3) 
Appeals shall be taken in accordance with the rules and procedures established by the County Construction Board of Appeals.
(4) 
During the pendency of any appeal, the Township or approving authority shall continue to process, hear and decide the application for development and to inspect the development in the normal course and shall not withhold, delay or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guaranties, the issuance of construction permits or certificates of occupancy or any other approval or permit because an appeal has been filed or is pending under this subsection. The Chief Financial Officer of the Township may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Chief Financial Officer of the Township shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of the Township, the professional or consultant shall reimburse the Township in the amount of any such disallowed charge.