Borough of Lodi, NJ Development Application Fee Schedule

[1]

Editor's Note: This ordinance also provided that: "The amendatory act shall apply to any action initiated on or after the effective date of this article or any action filed on or after the effective date hereof before the Planning Board, Rent Board or Zoning Board of Adjustment of the Borough of Lodi."

Required fees and escrow amounts. The following list of applications must be accompanied at the time of submission of the application by the fees and escrow amounts set forth in Schedule 2-1 below. These fees and escrow amounts shall consist of the sum of the following:

(1)

In Column A, an administrative fee which is charged to the applicant to cover the costs associated with the clerical processing and filing of the application, which fee shall be nonrefundable; and

(2)

In Column B, a professional review escrow amount which shall be deposited into the professional review escrow account maintained by the Municipal Treasurer. The deposit required of the applicant and deposited into the professional review escrow account shall cover the costs associated with the required review of the application by the Zoning Board of Adjustment's or the Planning Board's engineer, planner or attorney and, for applications submitted pursuant to N.J.S.A. 40:55D-70d, such other professionals as the Zoning Board of Adjustment may reasonably require, which review shall include a written report on the application to be submitted to the Board. Prior to drawing monies out of the professional review escrow account, each professional engaged by the Board shall submit an invoice to the Board Chairperson or his/her designee for approval. Following conclusion of the hearings and meetings regarding the application, any unused funds deposited by an applicant into the professional review escrow account shall be refunded to the applicant simultaneously with payment of the invoice of the Board's professional(s). Upon reimbursement of any unused funds, an applicant may request an accounting of expended funds, and same will be provided to the applicant within 30 days of a written request filed with the Board.

Additional fees; request for additional professional review. An applicant may request that a board professional schedule additional time in excess of that covered by the monies paid into the professional review escrow account for review of a specific application. If the board professional consents to such a request, both the applicant and the professional shall sign a consent form authorizing such additional review. When the additional review is completed, the professional shall submit an invoice to the Board and simultaneously therewith a copy to the applicant, detailing the number of hours expended for such review, the professional's fee, and a description of the work performed. Said invoice shall be due and payable by the applicant prior to memorialization of the Board's decision on the particular application.

	Schedule 2-1
	Conventional Applications

Type of Development Application			Column A Administrative Fee	Column B Professional Review Escrow Amount
Minor subdivision			$100	$500
Major subdivision
	Preliminary major subdivision		$100	$0
		0 to 10 lots	$250	$100/lot
		11 to 50 lots	$500	$150/lot
		51 to 250 lots	$750	$150/lot
		Over 250 lots	$1,000	$150/lot
	Final major subdivision		$100 and $50/lot	$250 and $50/lot
Minor site plan
	Less than 5,000 square feet of building		$250	$250
	Modification of less than 10,000 square feet of previously approved site plan		$250	$500
Major site plan
	Residential – preliminary		$100	$0
		1 to 10 dwelling units	$250	$150/unit
		11 to 50 dwelling units	$500	$175/unit
		51 to 250 dwelling units	$750	$175/unit
		Over 250 dwelling units	$1,000	$175/unit
	Residential – final		$100 and $50/unit	$250 and $50/unit
	Retail – preliminary		$300	$500
		Less than 1,001 square feet	$25	$225
		Less than 5,001 square feet	$75	$275
		More than 5,001 square feet	$150	*
	Retail – final		$100	$500
	Office – preliminary		$300	$300
		Less than 2,500 square feet	$25	$450
		Less than 30,000 square feet	$75	$1,500
		More than 30,000 square feet	$150	*
	Office – final		$100	$500
	Industrial – preliminary		$100	$500
		Less than 10,001 square feet	$5/1,000 square feet	$15/1,000 square feet
		More than 10,000 square feet	$5/1,000 square feet	$15/1,000 square feet
	Industrial – final		$100	$500
	Planned retirement community		$2,500	*
	Planned development overall plan		$2,500	*
	Other planned developments (as defined in N.J.S.A. 40:55D-6)		$2,500	*
Planning permits (pursuant to N.J.S.A. 40:55D-34 and 40:55D-35)			$100	$500
Applications for variances as set forth in N.J.S.A. 40:55D-70a, appeal from administrative office or agency			$100	$500
Conditional use (all conditions satisfied, heard by Planning Board, N.J.S.A. 40:55D-67)			$250	$500
Interpretation (pursuant to N.J.S.A. 40:55D-70b)			$100	$250
Informal conceptual review
	Proposed small-scale development (less than 10 acres)		$100	$500
	Proposed large-scale development (more than 10 acres)		$100	$750
Bulk variances (pursuant to N.J.S.A. 40:55D-70c)
	Single or double undersized lot(s) variance (application involving only 1 lot occupied or to be occupied by only one single-family dwelling)**		$100	$500
	Application by single- or two-family homeowners of single lot for bulk variances (homeowners' application involving remodeling or expansion of existing home)		$100	$250
Miscellaneous
	Transcript cost		Full	Full
	Transcript copies		$1 per page	$1 per page
	Minutes - copies		$1 per page	$1 per page
	Borough Council appeals (residential)		$100	$200
	Borough Council appeals (all other)		$500	$500
	Publication of decision		Cost	Cost
	Copies of resolution		$10	$10
	List of property owners[1]		A sum not to exceed $0.25 per name or $10, whichever is greater, per N.J.S.A. 40:55D-12c

	NOTES:
	*	See complex application fees, Subsection D below.
	**	No additional fees or escrow amounts will be required for other bulk variances which may be required because of the undersized lot.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Variances and exceptions.* In addition to the administrative fees and professional review escrow amount set forth in Schedule 2-1 above, additional professional review escrow accounts, where applicable and in the following amounts, shall also be paid by the applicant.**

(1)

For every bulk variance that is requested as part of the application: $350 per variance.

(2)

For every exception (pursuant to N.J.S.A. 40:55D-51) that is requested as part of the application: $150 per exception.

	NOTES:
	*	There shall be no charge to any applicant pursuant to this Subsection C of this section of the article for any request for an adjustment in the sizes or widths of either parking stalls or parking lot aisles.
	**	Thus, the total amount paid by the applicant should consist of the sum of: 1) the administrative fee; plus 2) the professional review escrow amount; plus 3) the add-ons for requested building variances and exceptions.

Complex application.

(1)

Required escrow amount. For development applications that are deemed to be "complex" applications, as specifically enumerated and defined below, the applicant shall be required to place into the professional review escrow account the amount indicated in the following Schedule 2-2. The amounts required to be placed into the professional review escrow account for a complex application are to cover the costs of the extra review time provided by the boards' planner, attorney and engineer due to the complexity of the application. The monies deposited into the account shall cover up to two hours of meeting and/or consultation time between the applicant's professional(s) and the boards' professional(s) and the furnishing of a written report by the boards' professional(s) on the application. Prior to drawing monies out of the professional review escrow account, the boards' professional(s) shall submit an invoice to the Board Chairperson or his/her designee for approval. Following the conclusion of the hearings and meetings regarding the application, any unused portion of this professional review escrow account shall be refunded to the applicant simultaneously with payment of the boards' professional(s). Upon reimbursement of any unused funds, an applicant may request an accounting of expended funds, and same will be provided to the applicant within 30 days of a written request filed with the board.

Schedule 2-2
Type of Complex Development Application		Professional Review Escrow Amount
An application for a new planned development overall plan approval pursuant to planned development option		$5,000
An application for preliminary planned retirement community		$5,000
An application for preliminary major site plan for:
	More than 5,000 square feet of retail space; or	$1,000
	More than 30,000 square feet of office space	$2,500

(2)

Additional amounts. Requests for additional professional review. An applicant may request that a board professional schedule additional time, in excess of that covered by the monies paid into the professional review escrow account, for review of a specific application. If the board professional consents to such a request, both applicant and the professional shall sign a consent form authorizing such additional review. When the additional review is completed, the professional shall submit an invoice to the Board and simultaneously therewith a copy to the applicant, detailing the number of hours expended for such review, the professional's fee, and a description of the work performed. Said invoice shall be due and payable by the applicant prior to memorialization of the Board's decision on the particular application.

"D" variances. On each application for a "d" variance filed pursuant to N.J.S.A. 40:55D-70d, the applicant shall be required to post to the professional review escrow account a minimum amount of $500. The applicant shall also be required to post such additional amounts into the professional review escrow account as may be deemed to be reasonably required by the Board as appropriate to consider the application. The amounts required pursuant to this section shall be required to cover the costs of review of the application by the Board's Engineer, Planner and Attorney as well as the costs of possible review, in appropriate instances, by "special" professionals, e.g., traffic, landscaping and environmental professionals, required to review specific aspects of the application. An applicant shall be notified in writing when additional amounts to restore the professional review escrow account shall become due and payable. Prior to withdrawal of any funds from this professional review escrow account, an invoice shall be submitted to the Board Chairperson or his/her designee and simultaneously therewith to the applicant, setting forth the work performed for which such fees are being requested. Following conclusion of the hearings and meeting regarding the application, any unused portion of the professional review escrow account shall be refunded to the applicant simultaneously with payment of the boards' professional(s). Upon reimbursement of any unused funds, an applicant may request an accounting of expended funds, and same will be provided to the applicant within 30 days of a written request filed with the Board.

Fees for meetings.

(1)

Special professional meetings. Any applicant for development may request that a special meeting be scheduled between the applicant and its professionals and the Board's Planner, Engineer and Attorney. Such meeting shall be scheduled upon request of the applicant and at the discretion of the Chairperson or Board Attorney. If the request is directed to the Board Attorney, the Attorney shall notify the Chairperson, in writing, of the scheduled time and place of the meeting. The applicant shall post $750 for such a meeting, which professional review escrow amount shall provide for a meeting of one hour and shall be deemed to include, for purposes of calculating the time of the Board's professionals, 1/2 hour of preparation time and 1/2 hour of post-meeting time. Said professional review escrow amount shall be posted by the applicant prior to or at the commencement of the meeting.

(2)

Special Planning Board or Zoning Board of Adjustment meetings. Any applicant may request that a special meeting of a board be scheduled and devoted exclusively to a single application. Such meeting shall be scheduled upon request of the applicant and at the discretion of either the Board Chairperson or his/her designee. Such special meeting shall be of no more than a three-hour duration. The time of the Board's professionals required to prepare for and follow up after such special meeting shall be charged against such professional review escrow account. The professional review escrow amount for such a meeting shall be $1,000. The professional review escrow amount shall be posted by the applicant prior to or at the commencement of the special meeting. If such a meeting shall, by agreement of the Board and the applicant, extend beyond the three-hour meeting time allotted, the applicant shall deposit any additional funds into the professional review escrow account which may be required to cover the costs of the additional time expended by the Board's professionals for such an extended meeting. All such additional amounts shall be paid by the applicant promptly after the meeting.

(3)

Where an application for development includes several approval requests, the sum of the individual required fees shall be paid, except that there shall be no cumulative fees charged to an applicant for individual bulk variance which may be part of a "d" variance application.

Waiver and remission of fees.

(1)

The Board, when acting upon an application, shall have the power for good cause shown to grant a remission or waiver from all or any portion of the fee schedules hereinabove established, based upon any of the following:

[Amended 8-17-1992 by Ord. No. 193-03]

(a)

The nonprofit status of the applicant.

(b)

The unique characteristics of the application making collection of the full fees substantially disproportionate to the regulatory costs applicable to reviewing the application.

(2)

The fees set forth in the aforementioned schedules are exclusive of any other charges which may be required by the Borough to cover the costs of the inspection of buildings or improvements in conjunction with the issuance of construction permits or certificates of occupancy.

(3)

In the event that any fees paid by an applicant into the professional review escrow account shall exceed $5,000, such applicant's account shall be placed into an interest-bearing trust account in conformance with the requirements of N.J.S.A. 40:55D-53.1. The applicant shall be notified, in writing, of the institution in which the deposit has been made and the amount of such deposit. Any interest earned on the account shall be applied in accordance with the provisions of N.J.S.A. 40:55D-53.1. The Borough shall keep records of all application fees paid in accordance with generally accepted accounting principles. The fees for all professional reviews of an application shall be charged to the applicant at the same rate and in the same manner as that charged by the professional to the Borough.