[Adopted by Ord. No. 1984-13 (Sec. 17-1 of the 1985 Revised General Ordinances)]
There shall be a nonrefundable fee for applications to the Delaware
Township Planning Board or Board of Adjustment as provided for by
law and established by separate ordinance. The fees provided for in
such ordinance or ordinances are nonrefundable and are for purposes
of offsetting the administrative and clerical costs of running the
Planning Board and Board of Adjustment, exclusive of the legal, planning,
engineering and other professional advice deemed necessary by the
Planning Board or Board of Adjustment for any costs which may be incurred
by the Planning Board or Board of Adjustment which are provided for
herein.
A.
In addition to such nonrefundable application fees, there are created
escrow accounts, the purpose of which is to defray the costs of operation
of the Planning Board and Board of Adjustment. The fees paid into
the escrow account shall apply regardless of whether the application
is heard before the Planning Board or Board of Adjustment.
B.
Before submitting an application for development to either the Board
of Adjustment or Planning Board, the applicant shall be required to
make a deposit with the Township Treasurer as hereinafter provided
and execute an escrow agreement to defray the cost to the Township
of all necessary and reasonable costs incurred for technical and professional
review by the approving authority. The escrow agreement shall be in
a form approved by the Township Committee. The amounts specified for
the escrow fund are estimates of fees. The fees must be paid prior
to certification by either board of a complete application. All fees
required by this section and any other section shall be paid prior
to the application of any applicant being considered completed; provided,
however, that payment of the fee in and of itself shall not be deemed
to make the application complete. In the event that the amounts required
to be posted by this article are not sufficient to cover the professional
charges to the Township of Delaware, the Planning Board or the Board
of Adjustment is hereby granted the power to request additional funds
as provided for hereinafter. In the event the amounts posted as fees
shall be in excess of the amount required for all professional review,
the excess funds shall be returned to the applicant within 30 days
of the issuance of a certificate of occupancy for the project which
the application fees cover.
Before issuing a construction permit or certificate of occupancy
for any element of a project, the zoning officer shall determine from
the board secretary whether there are sufficient escrow funds to pay
all pending bills attributable to the particular project. The board
secretary shall periodically advise the board chairman of the balance
of all escrow accounts and when additional funds are required as provided
for hereinafter. In the event additional funds are required, the board
chairman shall notify the applicant of amounts required as additional
fees and in the event there is a refusal or failure to make the payments
required, the board chairman shall notify the approving authority.
In the event the additional fees are not paid, the Planning Board
or Board of Adjustment shall deny the application. In the event additional
fees are required, they shall be paid to the Township in accord with
the same agreement already entered into or any additional terms which
may be agreed to by the applicant and the approving authority.
The following subdivision review escrow account fees are hereby
established, and they shall be in addition to site plan review fees
when site plan is required in addition to subdivision.
A.
For submission of sketch plats on simple lot line change or merger:
$50.
B.
Minor subdivision sketch plats including three lots or less: $40
per lot with a minimum fee of $80.
C.
Major subdivision sketch plat including more than three lots: $15
per lot with a minimum fee of $200.
D.
Major subdivision preliminary plat: $400 plus $70 per lot.
E.
In the event there is a request for final approval of a major subdivision without requesting a preliminary approval, fees for final approval shall be the same as outlined in Subsection D above.
F.
In the event there is a request for final approval after the applicant
has sought and received preliminary approval in a major subdivision,
there shall be a minimum fee of $350 payable prior to final approval.
The fees for site plan review escrow shall be based on the estimated
costs of improvements exclusive of buildings, including but not limited
to construction and installation costs of grading, pavement, surveyors
monuments, drainage structures, storm sewers, sanitary sewers, water
mains, fire protection features, streets, gutters, sidewalks, culverts,
streetlighting, shade trees and landscaping, parking areas, street
signs, sedimentation and erosion control devices, public improvements
of open space and any other on tract improvements. The fees are as
follows:
A.
Application review escrow fees.
|
Estimated Cost of Application
|
Escrow Fee
| |
|---|---|---|
|
$0 to $3,000
|
20% of total cost
| |
|
$3,001 to $5,000
|
$600 plus 4% of the amount over $3,001
| |
|
$5,001 to $25,000
|
$680 plus 3% of the amount over $5,001
| |
|
$25,000 to $50,000
|
$1,500
| |
|
$50,000 to $99,999
|
$1,700
| |
|
$100,000 to $249,999
|
$1,900
| |
|
$250,000 to $499,999
|
$2,100
| |
|
$500,000 to $749,999
|
$2,800
| |
|
$750,000 to $999,999
|
$3,300
| |
|
$1,000,000 and over
|
$4,000
|
B.
The fees provided for in this section shall be the preliminary fees
and shall not include any additional escrow fees which are required
to be paid as hereinafter provided. The Planning Board or Board of
Adjustment shall not act upon or consider any plan until such time
as the initial fees are paid in full and no application shall be considered
complete until such time as the fees provided for in this section
are deposited with the Township.
C.
In the event that there has been preliminary approval of a site plan,
and the applicant applies for final site plan approval, there shall
be an additional review fee of $400 payable to the Township of Delaware.
A.
All major and minor subdivisions and site plans with frontage on
an existing but unimproved Township road shall be required, as an
additional fee, to deposit with the Township a sum of money, calculated
per frontage foot or per lot or both, in such amount as the approving
authority shall determine to be appropriate pursuant to joint resolution
of the Planning Board and Board of Adjustment adopted. The amount
shall be held by the Township as a trust fund and be expended toward
the cost of road improvement at such time as the road in question
shall be improved. Where special circumstances indicate that such
additional fee would be inappropriate, the approving authority may
waive the imposition of such additional fee.
B.
In connection with major or minor subdivisions, the Planning Board
or Board of Adjustment may require additional escrow deposits from
the developer for part or all of the cost of improvements such as
street improvements, water, sewerage and drainage facilities and easements
therefor, located outside the property, where the approving authority
determines that such improvements are reasonable and necessary and
would not have been otherwise required except as a result of the subdivision
being applied for and the construction or improvement within such
subdivision. The approving authority may require an inspection by
the Township Engineer to determine the necessity and projected cost
of such improvements and the cost thereof shall be paid by the applicant
as elsewhere provided in this article.
A.
There shall be an additional fee due and owing whenever the original
fee paid into escrow is reduced by charges against the account to
25% or less of the original fee. The secretary of the Planning Board
or of the Board of Adjustment shall in writing require the applicant
to provide additional monies to bring the escrow account up to 50%
of the fee originally paid, which additional fee shall be payable
prior to the Planning Board or Board of Adjustment taking any further
action of any sort on the application before it. The Planning Board
or Board of Adjustment shall not discuss, consider or in any way make
any recommendation for a proposed site plan at a regular meeting or
work session of the Planning Board or Board of Adjustment when the
additional fees have not been paid and shall deny the application
if the additional fees are not paid within 30 days of notice to the
applicant.
B.
Any preliminary discussion of a site plan subdivision or any other
matter to come before the Planning Board or the Board of Adjustment
shall be at an informal work session of the board, and no applicant
shall request to be placed on the agenda for a regular meeting unless
formal application has been made and fees paid. In the event the Planning
Board or Board of Adjustment must seek the advice of its professionals,
either engineering, legal or planning, the application shall no longer
be considered informal and the fees provided for herein must be paid
prior to participation of any professional advisors of the Planning
Board or the Board of Adjustment.
A complete application shall be defined as one in which all
fees have been paid and all plans have been submitted in conformity
with the applicable ordinances of the Township of Delaware. In the
event that some items may not be completed on the application or plans
for the purpose of computing the within fees, the applicant shall
supply in writing to the Planning Board or Board of Adjustment, as
the case may be, a written statement signed by the applicant or his
attorney indicating why the details cannot be placed on the plans
and the plans shall not be considered complete until the Planning
Board or the Board of Adjustment has reviewed the plans to ascertain
whether the omitted details could be included for the purpose of computing
the within fees. In each case when the plans are complete, the board
secretary shall notify the applicant, in writing, of the date upon
which its application will be heard. In the event that the board finds
the application to be incomplete for the purposes of this section,
it shall direct the Planning Board or Board of Adjustment secretary
to advise the applicant indicating that its plans are incomplete and
detailing what items must be included prior to the Planning Board
or Board of Adjustment considering the application complete or holding
any public hearings or work sessions on the plans.
For purposes of this article, the board chairman shall be considered
the chairman of the Planning Board or Board of Adjustment, as applicable,
and the board secretary shall be considered the clerk or the secretary
of the Planning Board or Board of Adjustment, as applicable. The approving
authority or alternately, the board, is hereby defined to mean either
the Planning Board or Board of Adjustment, as applicable.
A.
In the event any applicant desires an accounting of the expenses
or fees paid by him for professional review, he shall request such
in a letter directed to the secretary of the Planning Board or Board
of Adjustment. The applicant shall be responsible for any costs incurred
by the Planning Board or the Board of Adjustment in having its professional
and administrative staff prepare an accounting of the fees expended.
Such additional amount as may be required for the accounting shall
be paid to the Planning Board or Board of Adjustment prior to issuance
of a certificate of occupancy in the event that there are insufficient
escrow funds to pay for the accounting.
B.
In the event the applicant believes the fees to be unreasonable,
the Planning Board or Board of Adjustment shall hear and decide whether
such fees are reasonable and the applicant may appeal the decision
of the Planning Board or Board of Adjustment to the Township Committee,
provided the applicant shall provide the Township Committee such transcripts
of the Planning Board or Board of Adjustment hearing on fees, at his
cost, and such hearing shall be on the record. The Township Committee
shall set a hearing date, with notice to all parties, and the applicant
shall provide a court-certified stenographer to record the hearing.
The committee may reverse a Planning Board or Board of Adjustment
decision only if the board's decision is not sustained by the preponderance
of the evidence.
A.
No final plat for subdivision or site plan shall be finally approved
and certified by the appropriate county or municipal body or officials
unless the applicant shall have filed with the Township a performance
guarantee in an amount of 125% of the cost of all such improvements,
or portion of the improvements, as estimated by the Township Engineer,
which guarantees shall assure the installation of all sure uncompleted
improvements on or before a date set by the Planning Board or Board
of Adjustment. Improvement costs shall be defined to include the construction
and installation costs of grading, pavement, surveyor monuments, drainage
structures, storm sewers, sanitary sewers, water mains, fire protection
features, streets, gutters, sidewalks, curbs, culverts, streetlighting,
shade trees and landscaping, parking areas, street signs, sedimentation
and erosion control devices, public improvements of open space and
any other contract improvements.
B.
In the event any improvements are installed prior to final approval
which do not meet the standards of the Township, the value thereof
shall be included in the performance guarantee in an amount as fixed
by the Township Engineer to assure installation of the improvements
in accordance with Township standards.
C.
In the event public utilities are installed by a utility company
under the jurisdiction of the Public Utilities Commission of the State
of New Jersey, then there shall be no performance guarantee required
for any such public utilities.
D.
Amount of performance guarantee. In all cases where the Planning
Board or Board of Adjustment has approved a plan, there shall be submitted
after approval of the form of the plans, a performance guarantee construction
cost estimate which shall be submitted to the approving authority
and the Township Engineer. The Township Engineer shall, as part of
the report on the final plans, review the cost estimate and shall
have the authority either to approve, add to or subtract from the
estimate. The final estimate of cost of improvements shall be given
to the Planning Board or Board of Adjustment by the Township Engineer
and the amount of the performance guarantee as hereinabove set shall
be based on the final cost estimate as determined by the Township
Engineer.
E.
Form of guarantee. The performance guarantee shall consist of any
security which is acceptable to the Planning Board or Board of Adjustment
attorney, including but not limited to a performance bond, letter
of credit or cash.
A.
In addition to the performance guarantee provided for above, the
developer shall deposit with the Township Treasurer in cash or equivalent
an amount equal to the following amounts to defray the costs of inspection
fees which shall be based on the cost of construction estimate:
B.
There shall hereby be created an escrow account for the purpose of
defraying the inspection costs charged to the Township.
C.
Prior to the issuance of a building permit, the applicant shall be
required to make the deposit for inspection fees as hereinabove provided.
The applicant shall execute an escrow agreement to defray the costs
to the Township of all necessary and reasonable inspection costs incurred
by technical and professional review of the board's engineer. The
escrow agreement shall be in a form approved by the Township Committee.
The amount specified above for the escrow funds are estimates of the
fees charged to the Township. The fees must be paid prior to the issuance
of a building permit. In the event the amounts required to be posted
for inspection fees by this article are not sufficient to cover the
engineering inspection charges to the Township, the Planning Board
or Board of Adjustment is hereby granted the power to require an additional
fee equal to 25% of the initial fee. In the event the amounts posted
as inspection fees are in excess of the amounts required for all professional
inspections, the excess funds shall be returned to the applicant within
30 days of the issuance of a certificate of occupancy for the project
which the inspection fees cover.
[Added by Ord. No. 1988-8]
A.
In addition to all other fees and guarantees established herein,
any entity requesting the Township to witness a percolation test (including
pit bail tests) or soil logs shall deposit with the Township Treasurer,
in cash or equivalent, a sum as determined by the Board of Health
by ordinance or resolution establishing such fees, to defray the cost
of providing such witness and related administration costs.
B.
Such fees, or any other such fee as shall hereafter be determined
to be required in connection therewith, shall be paid in advance of
the Township providing such witness.
C.
There is hereby created an escrow account for the purpose of defraying
the witness fees and administration costs incidental thereto.
