[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.
|
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
| |||
B.
Site plans.
|
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)
| |
|
*
|
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
|
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.
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.
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.
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.
